SB 2576 — Fraudulent reports; Child Protection Services may divulge information under certain circumstances.

SB2576 (As SentPassed tothe Governor)Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Parker, Hill, Moran, Carter, Jackson (32nd), Jackson (11th), Massey Senate Bill 2576 (As SentPassed tothe Governor)Senate) AN ACT TO AMEND SECTION 97-35-47, MISSISSIPPI CODE OF 1972, ASTO AMENDEDPROVIDE BYTHAT SECTIONTHE 16FALSE REPORT OF SENATECHILD BILLABUSE NO.OR NEGLECT TO THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL BE PUNISHABLE AS A MISDEMEANOR;

2480,TO 2019AMEND REGULARSECTIONS SESSION,43-21-257, 43-21-261 AND 43-21-353, MISSISSIPPI CODE OF 1972, TO PROVIDEREVISE THATTHE APPROPRIATE RELEASE OF THE IDENTITY OF A REPORTER WHO KNOWINGLY REPORTED A FALSE REPORTALLEGATION OF CHILD ABUSE OR NEGLECTNEGLECT, AND TO CORRECT REFERENCES TO THE DEPARTMENT OF CHILD PROTECTION SERVICESSERVICES; SHALL BE PUNISHABLE AS A MISDEMEANOR;

TO AMEND SECTIONS 43-21-257, AS AMENDED BY SECTION 12 OF SENATE BILL NO.

2480, 2019 REGULAR SESSION, AND 43-21-261, AS AMENDED BY SECTION 2 OF SENATE BILL NO.

2480, 2019 REGULAR SESSION, MISSISSIPPI CODE OF 1972, TO REVISE THE APPROPRIATE RELEASE OF THE IDENTITY OF A REPORTER WHO KNOWINGLY REPORTED A FALSE ALLEGATION OF CHILD ABUSE OR NEGLECT, AND TO CORRECT REFERENCES TO THE DEPARTMENT OF CHILD PROTECTION SERVICES;

TO AMEND SECTION 43-21-353, MISSISSIPPI CODE OF 1972, AS AMENDED BY SECTION 5 OF HOUSE BILL NO.

571, 2019 REGULAR SESSION, SECTION 1 OF HOUSE BILL NO.

1117, 2019 REGULAR SESSION, AND SECTION 3 OF SENATE BILL NO.

2840, 2019 REGULAR SESSION, TO ALLOW A LIMITED RELEASE OF OTHERWISE CONFIDENTIAL INFORMATION CONCERNING A REPORTER WHO KNOWINGLY MADE A FALSE ALLEGATION OF ABUSE OR NEGLECT AND TO CORRECT REFERENCES TO THE DEPARTMENT OF CHILD PROTECTION SERVICES;

     SECTION 1.  Section 97-35-47, Mississippi Code of 1972, asis amended byas Sectionfollows: 16 of Senate Bill No.

2480,     201997-35-47.  RegularIt Session,shall be unlawful for any person to report a crime or any element of a crime, including an allegation of child abuse or neglect, to any law enforcement agency or officer, the Department of Child Protection Services, or any officer of any court, by any means, knowing that * * *such the report is amendedfalse.  A violation of this section shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both.  In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as follows:restitution to the law enforcement agency reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.

     97-35-47. A It shall be unlawful for any person to report a crime or any element of a crime, including an allegation of child abuse or neglect, to any law enforcement agency or officer, the Department of Child Protection Services, or any officer of any court, by any means, knowing that * * * such the report is false. false Aunder violation of this section shallif beno punishablerational byargument imprisonmentcan inbe theadvanced countyin jailits notsupport, towhen exceedit oneis (1)unsupported year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both.  In addition to any finecredible andevidence, imprisonment,when anda upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency reimbursement for any reasonable costsperson directlycould relatednot tohave theexpected investigationits ofsuccess, theor falselywhen reportedit crimeis andcompletely theuntenable. prosecution of any person convicted under this section.

     ASECTION report2.  isSection false43-21-257, underMississippi thisCode sectionof when1972, it is unsupportedamended byas anyfollows: credible evidence and the person intentionally submitted the report knowing it was false.

     SECTION43-21-257.  2. (1)  SectionUnless 43-21-257,otherwise Mississippiprovided Codein ofthis 1972,section, asany amendedrecord involving children, including valid and invalid complaints, and the contents thereof maintained by Sectionthe 12Department ofof * * *Human SenateChild BillProtection No.Services, or any other state agency, shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.

2480,     2019(2)  RegularThe * * *Office Session,of Youth Department of Child Protection Services shall maintain a state central registry containing the number and disposition of all cases together with such other useful information regarding those cases as may be requested and is amendedobtainable from the records of the youth court.  The * * *Office of Youth Department of Child Protection Services shall annually publish a statistical record of the number and disposition of all cases, but the names or identity of any children shall not be disclosed in the reports or records.  The * * *Office of Youth Department of Child Protection Services shall adopt such rules as follows:may be necessary to carry out this subsection.  The central registry files and the contents thereof shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any record involving children from the central registry shall be subject to the penalty in Section 43-21-267.  The youth court shall furnish, upon forms provided by the * * *Office of Youth Department of Child Protection Services, the necessary information, and these completed forms shall be forwarded to the * * *Office of Youth Department of Child Protection Services.

     43-21-257. (3)  (1) The UnlessDepartment otherwiseof * * *Human providedChild inProtection thisServices section,shall anymaintain recorda involvingstate children,central includingregistry validon neglect and invalidabuse complaints,cases containing (a) the name, address and age of each child, (b) the contentsnature thereofof maintainedthe harm reported, (c) the name and address of the person responsible for the care of the child, and (d) the name and address of the substantiated perpetrator of the harm reported.  "Substantiated perpetrator" shall be defined as an individual who has committed an act(s) of sexual abuse or physical abuse that would otherwise be deemed as a felony or any child neglect that would be deemed as a threat to life, as determined upon investigation by the DepartmentOffice of HumanFamily and Children's Services.  "Substantiation" for the purposes of the Mississippi Department of * * *Human Child Protection Services Central Registry shall require a criminal conviction or an adjudication by a youth court judge or court of competent jurisdiction, ordering that the Departmentname of the perpetrator be listed on the central registry, pending due process.  The Department of * * *Human Child Protection Services,Services shall adopt such rules and administrative procedures, especially those procedures to afford due process to individuals who have been named as substantiated perpetrators before the release of their name from the central registry, as may be necessary to carry out this subsection.  The central registry shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any otherrecord stateinvolving agency,children from the central registry without following the rules and administrative procedures of the department shall be keptsubject confidentialto the penalty in Section 43-21-267.  The Department of * * *Human Child Protection Services and its employees are exempt from any civil liability as a result of any action taken pursuant to the compilation and/or release of information on the central registry under this section and any other applicable section of the code, unless determined that an employee has willfully and maliciously violated the rules and administrative procedures of the department, pertaining to the central registry or any section of this code.  If an employee is determined to have willfully and maliciously performed such a violation, said employee shall not be disclosedexempt exceptfrom ascivil providedliability in Sectionthis 43-21-261.regard.

     (2)  The Office of Youth Services shall maintain a state central registry containing the number and disposition of all cases together with such other useful information regarding those cases as may be requested and is obtainable from the records of the youth court.  The Office of Youth Services shall annually publish a statistical record of the number and disposition of all cases, but the names or identity of any children shall not be disclosed in the reports or records.  The Office of Youth Services shall adopt such rules as may be necessary to carry out this subsection.  The central registry files and the contents thereof shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any record involving children from the central registry shall be subject to the penalty in Section 43-21-267.  The youth court shall furnish, upon forms provided by the Office of Youth Services, the necessary information, and these completed forms shall be forwarded to the Office of Youth Services.  The Department of Human Services and its employees are exempt from any civil liability as a result of any action taken pursuant to the compilation or release of information on the central registry under this section and any other applicable section of this code, unless determined that an employee has willfully and maliciously violated the rules and administrative procedures of the department pertaining to the central registry or any section of this code.  If an employee is determined to have willfully and maliciously performed such a violation, said employee shall not be exempt from civil liability in this regard.

     (3)  The Department of * * * Human Child Protection Services shall maintain a state central registry on neglect and abuse cases containing (a) the name, address and age of each child, (b) the nature of the harm reported, (c) the name and address of the person responsible for the care of the child, and (d) the name and address of the substantiated perpetrator of the harm reported.  "Substantiated perpetrator" shall be defined as an individual who has committed an act(s) of sexual abuse or physical abuse that would otherwise be deemed as a felony or any child neglect that would be deemed as a threat to life * * *, as determined upon investigation by the Office of Family and Children's Services.  "Substantiation" for the purposes of the Mississippi Department of Human Services Central Registry shall require.  A name is to be added to the registry only based upon a criminal conviction or an adjudication by a youth court judge or court of competent jurisdiction, ordering that the name of the perpetrator be listed on the central registry * * *, pending due process.  The Department of Human Services shall adopt such rules and administrative procedures, especially those procedures to afford due process to individuals who have been named as substantiated perpetrators before the release of their name from the central registry, as may be necessary to carry out this subsection.  The central registry shall be confidential and shall not be open to public inspection.  Any person who discloses or encourages the disclosure of any record involving children from the central registry without following the rules and administrative procedures of the department shall be subject to the penalty in Section 43-21-267.  The Department of * * * Human Child Protection Services and its employees are exempt from any civil liability as a result of any action taken pursuant to the compilation * * * and/ or release of information on the central registry under this section and any other applicable section of * * * the this code, unless determined that an employee has willfully and maliciously violated the rules and administrative procedures of the department * * *, pertaining to the central registry or any section of this code.  If an employee is determined to have willfully and maliciously performed such a violation, said employee shall not be exempt from civil liability in this regard.

     SECTION 3.  Section 43-21-261, Mississippi Code of 1972, asis amended byas Sectionfollows: 2 of Senate Bill No.

2480,     201943-21-261.  Regular(1)  Session,Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff of the youth court or a Court-Appointed Special Advocate (CASA) volunteer that may be assigned in an abuse and neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure.  Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is amendedrequired asfor follows:the best interests of the child, the public safety * * * or, the functioning of the youth court, or to identify a person who knowingly made a false accusation of child abuse or neglect, and then only to the following persons:

     43-21-261.  (1)  Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff or officials of the youth court, a guardian ad litem appointed to a child by the court, or a Court-Appointed Special Advocate (CASA) volunteer * * * that who may be assigned in an abuse and neglect case, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure.  Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety * * * or, the functioning of the youth court, or to identify a person who knowingly made a false allegation of child abuse or neglect, and then only to the following persons:

          (c)  A judge of any other court or members of another court staff,staff; including the chancery court that ordered a forensic interview;

          (g) * * * (g)  To To Anyany person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health, safety or well-being of a child and that such disclosure is in the best interests of the child or an adult who was formerly the subject of a youth court delinquency proceeding * * *.;

          (h)  ATo a person who was the subject of a knowingly made false allegation of child abuse or neglect which has resulted in a conviction of a perpetrator in accordance with Section 97-35-47 or which allegation was referred by the Department of Child Protection Services to a prosecutor orwho lawis enforcementprosecuting officialan inoffense accordanceunder with the provisions of Section 43-21-353(4).97-35-47.

     (3)  Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation * * *investigation which is to be considered by the youth court at a hearinghearing, relevant to a matter to be heard by a youth court, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person.  The attorney for the parent, guardian or custodian of the child, upon request, shall be provided a copy of any record, report or investigation * * *, that is to be considered by the youth court at a hearinghearing, relevant to a matter to be heard by a youth court, but the identity of the reporter must be redacted and the name of any other person must also be redacted if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life, safety or well-being of the person.  A record provided to the attorney under this section * * *, must remain in the attorney's control and the attorney may not provide copies or access to another person or entity without prior consent of a court with appropriate jurisdiction.

          (b)  The Department of * * *of * * *Human Human Child Protection Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of * * *of * * *Human Human Child Protection Services to the county prosecuting attorney or district attorney for criminal prosecution.

     (6)  Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of * * *of * * *Human Human Child Protection Services without order of the youth court to any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, or a public or private school employee making that report pursuant to Section 43-21-353(1) if the reporter has a continuing professional relationship with the child and a need for such information in order to protect or treat the child.

     (19)  In every case * * *case where there is any indication or suggestion of either of child abuse or neglect * * *neglect and,and if a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply.  In suchcases cases * * * of child deaths, the following information may be released by the Mississippi Department of * * *of * * *Human Human Child Protection Services: * * * Services:  (a) child's name;

(c) verification from the Department ofof * * *Human HumanChild Protection Services of case status (no case or involvement, case exists, open or active case, case closed);

(d) if a case exists, the type of report or case (physical abuse, neglect, etc.), date of intake(s) and investigation(s), and case disposition (substantiated or unsubstantiated).  Notwithstanding the aforesaid, the confidentiality provisions of this section shall continue if there is a pending or planned investigation by any local, state or federal governmental agency or institution institution. the cause of the circumstances regarding the fatality or medically serious or critical physical condition;

the     age(20)  andAny gendermember of a foster care review board designated by the child;Department of * * *Human Child Protection Services shall have the right to inspect youth court records relating to the abuse, neglect or child in need of supervision cases assigned to such member for review.

information     describing(21)  anyInformation previousconcerning reportsan investigation into a report of child abuse or child neglect investigationsmay thatbe aredisclosed pertinentwithout tofurther order of the childyouth abusecourt in any administrative or neglectdue thatprocess ledhearing held, pursuant to Section 43-21-257, by the fatalityDepartment orof * * *Human medicallyChild seriousProtection orServices criticalfor physicalindividuals condition;whose names will be placed on the central registry as substantiated perpetrators.

the     resultSECTION 4.  Section 43-21-353, Mississippi Code of any1972, suchis investigations;amended as follows:

     43-21-353.  (1)  Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child or an abused child, shall cause an oral report to be made immediately by telephone or otherwise and thefollowed servicesas providedsoon thereafter as possible by a report in writing to the Department of * * *Human Child Protection Services, and actionsimmediately ofa referral shall be made by the stateDepartment onof * * *Human behalfChild Protection Services to the youth court intake unit, which unit shall promptly comply with Section 43-21-357.  In the course of an investigation, at the childinitial thattime areof pertinentcontact towith the childindividual(s) abuseabout whom a report has been made under this Youth Court Act or neglectwith thatthe ledindividual(s) toresponsible for the fatalityhealth or medicallywelfare seriousof a child about whom a report has been made under this chapter, the Department of * * *Human Child Protection Services shall inform the individual of the specific complaints or criticalallegations physicalmade condition.against the individual.  Consistent with subsection (4), the identity of the person who reported his or her suspicion shall not be disclosed at that point.  Where appropriate, the Department of * * *Human Child Protection Services shall additionally make a referral to the youth court prosecutor.

     (20) Upon Anyreceiving membera report that a child has been sexually abused, or burned, tortured, mutilated or otherwise physically abused in such a manner as to cause serious bodily harm, or upon receiving any report of abuse that would be a fosterfelony careunder reviewstate boardor designatedfederal bylaw, the Department of * * *of * * *Human Human Child Protection Services shall haveimmediately notify the rightlaw toenforcement inspectagency youthin courtwhose recordsjurisdiction relatingthe toabuse occurred and shall notify the abuse,appropriate neglectprosecutor orwithin childforty-eight in(48) needhours, ofand supervisionthe casesDepartment assignedof * * *Human Child Protection Services shall have the duty to suchprovide memberthe forlaw review.enforcement agency all the names and facts known at the time of the report;

    this (21) duty Informationshall concerningbe anof investigationa intocontinuing anature.  reportThe oflaw childenforcement abuseagency orand childthe neglectDepartment mayof * * *Human beChild disclosedProtection withoutServices furthershall orderinvestigate ofthe reported abuse immediately and shall file a preliminary report with the youthappropriate courtprosecutor's inoffice anywithin administrativetwenty-four or(24) duehours processand hearingshall held,make pursuantadditional toreports Sectionas 43-21-257,new byor theadditional Departmentinformation of * * *or Humanevidence becomes available.  The Department of * * *Human Child Protection Services forshall individualsadvise whosethe namesclerk willof bethe placedyouth oncourt and the centralyouth registrycourt prosecutor of all cases of abuse reported to the department within seventy-two (72) hours and shall update such report as substantiatedinformation perpetrators.becomes available.

     (22) (2)  TheAny report to the Department ofof * * *Human Child Protection Services mayshall disclosecontain recordsthe involvingnames childrenand toaddresses of the following:child and his parents or other persons responsible for his care, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries * * * and, any other information that might be helpful in establishing the cause of the injury, and the identity of the perpetrator.

              (a) (3)  AThe fosterDepartment home,of * * *Human residentialChild child-caringProtection agencyServices shall maintain a statewide incoming wide-area telephone service or child-placingsimilar agencyservice tofor the extentpurpose necessaryof toreceiving providereports suchof caresuspected andcases servicesof tochild aabuse; child;

          (b)  An individual, agency or organization that provides services to a child or the child's family in furtherance of the child's permanency plan to the extent necessary in providing those services;