Reference is to Printer's Date 2/8/17-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Subarticle 3, Article 3, Chapter 7, Title 63 of the 1976 Code is amended by adding:
"Section 63-7-765. Prior to and at the time the department places a child with a relative providing kinship care following the removal of the child from the home, the department shall disclose to the relative all information known by the person making the placement or reasonably accessible to the person making the placement that is necessary to provide adequate care and supervision for the child and to protect the health and safety of the child and the relative's family. The information that must be disclosed to the relative pursuant to this section includes, but is not limited to, medical and mental health conditions and history of the child, the nature of abuse or neglect to which the child has been subjected, behavioral strengths and challenges, and matters related to the child's educational needs. If the department does not have this information at the time of making the placement, a member of the child's casework team or the child's caseworker shall contact the relative and provide the information known to the casework team or reasonably accessible during the first working day following the placement. The child's caseworker shall research the child's record and shall supplement the information provided to the relative no later than the end of the first week of placement if additional information is found. When the child's caseworker acquires new information which is likely to affect either the ability of the relative to provide adequate care and supervision for the child or is likely to place the health and safety of the child or the relative's family at risk, the department shall disclose that information to the relative. The obligation to provide this information continues until the placement ends."
SECTION 2. Subarticle 3, Article 3, Chapter 7, Title 63 of the 1976 Code is amended by adding:
"Section 63-7-770.
(A) Prior to and
at the time the department places a child in a public or private
residential facility following the removal of the child from the
home, the department shall disclose to the chief executive
officer of the facility, or to a designated employee of the
facility who provides health-related services to the child, all
information known by the person making the placement or
reasonably accessible to the person making the placement that is
necessary to provide adequate care and supervision for the child
and to protect the health and safety of the child and of other
children residing in and personnel working at the facility. The
information that must be disclosed pursuant to this section
includes, but is not limited to, medical and mental health
conditions and history of the child, the nature of abuse or
neglect to which the child has been subjected, behavioral
strengths and challenges, and matters related to the child's
educational needs. If the department does not have this
information at the time of making the placement, a member of the
child's casework team or the child's caseworker shall contact
the designated employee of the facility to provide the
information known to the casework team or reasonably accessible
during the first working day following the placement. The
child's caseworker shall research the child's record and shall
supplement the information provided to the facility no later
than the end of the first week of placement if additional
information is found. When the child's caseworker acquires new
information which is likely to affect either the ability of the
facility to provide adequate care and supervision for the child
or is likely to place the health and safety of the child or of
other children residing in the facility or the facility's
personnel at risk, the department shall disclose that
information to the designated facility employee. The obligation
to provide this information continues until the placement
ends.
(B) For purposes of
this section, 'public or private residential facility' means a
group home, residential treatment center, or other facility
that, pursuant to a contract with or a license or permit issued
by the department, provides residential services to children in
the custody of the department."
SECTION 3. Subarticle 1, Article 1, Chapter 9, Title 63 of the 1976 Code is amended by adding:
"Section 63-9-80. Prior to and at the time the department places a child with a prospective adoptive parent for purposes of adoption, the department shall disclose to the prospective adoptive parent all information known by the person making the placement or reasonably accessible to the person making the placement that is necessary to provide adequate care and supervision for the child and to protect the health and safety of the child and the prospective adoptive parent's family. The information that must be disclosed to the prospective adoptive parent pursuant to this section includes, but is not limited to, medical and mental health conditions and history of the child, the nature of abuse or neglect to which the child has been subjected, behavioral strengths and challenges, and matters related to the child's educational needs. If the department does not have this information at the time of making the placement, a member of the child's casework team or the child's caseworker shall contact the prospective adoptive parent and provide the information known to the casework team or reasonably accessible during the first working day following the placement. The child's caseworker shall research the child's record and shall supplement the information provided to the prospective adoptive parent no later than the end of the first week of placement if additional information is found. When the child's caseworker acquires new information which is likely to affect either the ability of the prospective adoptive parent to provide adequate care and supervision for the child or is likely to place the health and safety of the child or the prospective adoptive parent's family at risk, the department shall disclose that information to the prospective adoptive parent. The obligation to provide this information continues until the adoption is finalized."
SECTION 4. Section 63-7-390 of the 1976 Code is amended to read:
"Section 63-7-390. A person required or permitted to report pursuant to Section 63-7-310 or 63-7-400 or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed. Immunity under this section extends to full disclosure by the person of facts which gave the person reason to believe that the child's physical or mental health or welfare had been or might be adversely affected by abuse or neglect."
SECTION 5. Section 63-7-1990(B)(20), (C), and (D) of the 1976 Code is amended to read:
"(20)
prospective adoptive or foster parents
before placement prospective or current adoptive
parents, caregivers, kinship care providers, foster parents, and
public or private residential facilities, in contemplation of
placement and after placement. For purposes of this item,
'public or private residential facility' has the same meaning as
defined in Section 63-7-770;
(C) The department may
limit the information disclosed to individuals and entities
named in subsection (B)(13), (14), (15), (16), (17), (18), and
(20) to that information necessary to accomplish the purposes
for which it is requested or for which it is being disclosed;
however, the department shall comply with subsection (D)(2)
regarding the release of medical or mental health records to an
individual or facility identified in subsection (B)(20).
Nothing in this subsection gives to these entities or persons
the right to review or copy the complete case record.
(D)(1) When a
request for access to the record comes from an individual
identified in subsection (B)(5), (6), or (7), or that
person's attorney, the department shall review any reports from
medical care providers and mental health care providers to
determine whether the report contains information that does not
pertain to the case decision, to the treatment needs of the
family as a whole, or to the care of the child. If the
department determines that these conditions exist, before
releasing the document, the department shall provide a written
notice identifying the report to the requesting party and to the
person whose treatment or assessment was the subject of the
report. The notice may be mailed to the parties involved or to
their attorneys or it may be delivered in person. The notice
shall state that the department will release the report after
ten days from the date notice was mailed to all parties and that
any party objecting to release may apply to the court of
competent jurisdiction for relief. When a medical or mental
health provider or agency furnishes copies of reports or records
to the department and designates in writing that those reports
or records are not to be further disclosed, the department must
not disclose those documents to persons identified in subsection
(B)(5), (6), or (7), or that person's attorney. The
department shall identify to the requesting party the records or
reports withheld pursuant to this subsection and shall advise
the requesting party that he may contact the medical or mental
health provider or agency about release of the records or
reports.
(2)
The department is authorized to release all
records and reports in the department's possession from a
child's medical providers and mental health providers to an
individual or facility identified in subsection (B)(20) that are
necessary for that individual or facility to provide adequate
care and supervision for the child and to protect the health and
safety of the child and others. The department also is
authorized to and shall release the information in its
possession to a child-placing agency for the benefit of a foster
parent recruited, trained and supported by the child-placing
agency. Information that must be released includes, but is not
limited to, the following:
(a)
any medical, dental, and mental health,
developmental, educational or other special needs of the child,
including the names and addresses of the child's health and
educational providers, the child's medical history, a record of
the child's immunizations, the child's current medications, the
child's known medical problems, and any other pertinent health
information concerning the child;
(b)
the child's history of and risks relating to the
child's history, including but not limited to physical or sexual
trauma, physical or sexual aggression, or psychological
diagnoses; and
(c)
treatment plans developed for the
child."
SECTION 6. Section 63-7-2370 of the 1976 Code is amended to read:
"Section 63-7-2370.
Prior to and at the time the department places a child
with a foster parent, the department shall disclose to the
foster parent at the time the department places the
child in the home all information known by the person making the
placement or reasonably accessible to the person making the
placement which could affect either the
ability of the foster parent to care for the child or the health
and safety of the child or the foster family all
information known by the person making the placement or
reasonably accessible to the person making the placement that is
necessary to provide adequate care and supervision for the child
and to protect the health and safety of the child and the foster
family. This information The information
that must be disclosed pursuant to this section includes,
but is not limited to, medical and mental health conditions and
history of the child, the nature of abuse or neglect to which
the child has been subjected, behavioral
problems strengths and challenges, and
matters related to the child's educational needs.
If a person lacking this necessary information made the
placement If the department does not have this
information at the time of making the placement, a member of
the child's casework team or the child's caseworker shall
contact the foster parent and provide the information known
to the casework team or reasonably accessible during the
first working day following the placement. The child's
caseworker shall research the child's record and shall
supplement the information provided to the foster parent no
later than the end of the first week of placement if additional
information is found. When the child's caseworker acquires new
information which could is likely to
affect either the ability of the foster parent to provide
adequate care and supervision for the child or is
likely to place the health and safety of the child or the
foster family at risk, the department shall disclose that
information to the foster parent. The obligation to provide this
information continues until the placement ends."
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.