Section 37.725

Title IV EXECUTIVE BRANCH

Chapter 37

Effective - 28 Aug 2023, 2 histories   

  37.725.  Files may be disclosed at discretion of child advocate, exceptions — privileged information — penalty for disclosure of confidential material. — 1.  Any files maintained by the advocate program shall be disclosed only at the discretion of the child advocate; except that the identity of any complainant or recipient shall not be disclosed by the office unless:

  (1)  The complainant or recipient, or the complainant's or recipient's legal representative, consents in writing to such disclosure;

  (2)  Such disclosure is required by court order;

  (3)  The disclosure is at the request of law enforcement as part of an investigation; or

  (4)  The child advocate determines that disclosure to law enforcement is necessary to ensure immediate child safety.

  2.  Any statement or communication made by the office relevant to a complaint received by, proceedings before, or activities of the office and any complaint or information made or provided in good faith by any person shall be absolutely privileged and such person shall be immune from suit.

  3.  Any representative of the office conducting or participating in any examination of a complaint who knowingly and willfully discloses to any person other than the office, or those persons authorized by the office to receive it, the name of any witness examined or any information obtained or given during such examination is guilty of a class A misdemeanor.  However, the office conducting or participating in any examination of a complaint shall disclose the final result of the examination with the consent of the recipient.

  4.  The office shall not be required to testify in any court with respect to matters held to be confidential in this section except as the court may deem necessary to enforce the provisions of sections 37.700 to 37.730, or where otherwise required by court order.

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(L. 2004 H.B. 1453, A.L. 2023 S.B. 28 merged with S.B. 45 & 90 merged with S.B. 106 merged with S.B. 186)