Confidentiality — Unlawful disclosure

  1. Law
  2. Arkansas Code
  3. General Assembly
  4. Committees
  5. Child Maltreatment Investigations Oversight Committee
  6. Confidentiality — Unlawful disclosure

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  1. (a) Except as otherwise provided under § 10-3-3202(f), the meetings of the Child Maltreatment Investigations Oversight Committee are closed and are exempt from public observance under the Freedom of Information Act of 1967, § 25-19-101 et seq.

  2. (b) Correspondence between Child Maltreatment Investigations Oversight Committee members and information considered by the Child Maltreatment Investigations Oversight Committee in furtherance of the goals of the Child Maltreatment Investigations Oversight Committee are exempt from public inspection and copying under the Freedom of Information Act of 1967, § 25-19-101 et seq.

  3. (c)

    1. (1) A member of the Child Maltreatment Investigations Oversight Committee may have access to and may disclose any child maltreatment record to the extent authorized by:

      1. (A) This subchapter;

      2. (B) The Child Maltreatment Act, § 12-18-101 et seq.; and

      3. (C) Any other law of this state concerning child maltreatment records.

    2. (2) Except as provided under subdivisions (c)(3) and (4) of this section, a member of the Child Maltreatment Investigations Oversight Committee shall not disclose to any other person:

      1. (A) Any child maltreatment record obtained during or in relation to a meeting of the Child Maltreatment Investigations Oversight Committee; and

      2. (B) The details of a discussion related to any child maltreatment record that occurs during or in relation to a meeting of the Child Maltreatment Investigations Oversight Committee.

    3. (3) A legislative member of the Child Maltreatment Investigations Oversight Committee, acting in his or her official capacity, may disclose information from a child maltreatment record that is obtained under this section to:

      1. (A) Federal, state, and local governmental entities, or any agent of such entities, that have a need for such information to carry out their responsibilities under law to protect children from maltreatment;

      2. (B)

        1. (i) Acting in their official capacities under law to protect children, individual United States and Arkansas senators and representatives and their authorized staff members but only if they agree not to permit redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment.

        2. (ii) However, disclosure shall not be made to any public committee or legislative body; and

      3. (C) Acting in their official capacities under law to protect children, the Governor and the Governor's authorized staff members but only if they agree not to permit redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment.

    4. (4) Information obtained under this section may be disclosed to the Governor by a member of the Child Maltreatment Investigations Oversight Committee who serves on the Child Maltreatment Investigations Oversight Committee as:

      1. (A) The representative from the Governor's office selected by the Governor under § 10-3-3202(b)(1)(C); or

      2. (B) The current or former member of the General Assembly appointed by the Governor under § 10-3-3202(b)(1)(P)(ii).

  4. (d)

    1. (1) A person commits the offense of unlawful disclosure of data or information under this subchapter if the person knowingly discloses data or information to a person to whom disclosure is not permitted by this subchapter.

    2. (2) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.


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