Reference is to Printer's Date 4/15/14-S.
Amend the bill, as and if amended, by striking SECTION 2 and SECTION 3 in their entirety and inserting:
/SECTION 2. Section 63-7-940(A) of the 1976 Code is amended to read:
concerning reports classified as unfounded contained in the
statewide data system and records must be maintained for not
less than five years after the finding. Information contained in
unfounded cases is not subject to disclosure under the Freedom
of Information Act as provided for in Chapter 4, Title 30.
Access to and use of information contained in unfounded cases
must be strictly limited to the following purposes and
(1) a prosecutor or law enforcement officer or agency, for purposes of investigation of a suspected false report pursuant to Section 63-7-440;
(2) the department or a law enforcement officer or agency, for the purpose investigating allegations of abuse or neglect;
(3) the department or a law enforcement officer or agency, when information is received that allows the reopening of a Category III unfounded report pursuant to Section 63-7-920(A);
(4) as evidence in a court proceeding, if admissible under the rules of evidence as determined by a judge of competent jurisdiction;
(5) a person who is the subject of a report in an action brought by a prosecutor or by the department, if otherwise subject to discovery under the applicable rules of procedure;
(6) the department, for program improvement, auditing, and statistical purposes;
(7) as authorized in Section 63-7-2000;
(8) the Department of Child Fatalities pursuant to Section 63-11-1960; and
(9) (a) the director or his designee who may disclose information for the following purposes:
(i) to confirm, clarify, or correct information concerning a case that has been made public by the party in interest to the case; or
(ii) to respond to an inquiry from a committee or subcommittee of the Senate or the House of Representatives or a joint committee of the General Assembly, which is engaged in oversight or investigating the activities of the department, provided that such information is reviewed in closed session and kept confidential. Notwithstanding the provisions of Chapter 4, Title 30, meetings to review information disclosed pursuant to this subitem may be held in closed session and any documents or other materials provided or reviewed during the closed session are not subject to public disclosure.
(b) The department must state that the case was unfounded when disclosing information pursuant to this item." /
Renumber sections to conform.
Amend title to conform.