50-25.1-11. Confidentiality of records - Authorized disclosures

50-25.1-11. Confidentiality of records - Authorized disclosures 1. A report made under this chapter, as well as any other information obtained, is confidential and must be made available to: a. A physician who has before the physician a child whom the physician reasonably suspects may have been abused or neglected. b. A person who is authorized to place a child in protective custody and has before the person a child whom the person reasonably suspects may have been abused or neglected and the person requires the information to determine whether to place the child in protective custody. c. Authorized staff of the department and its authorized agents, children's advocacy centers, and appropriate state child protection team members, and citizen review committee members. d. Any person who is the subject of the report; provided, however, that the identity of persons reporting or supplying information under this chapter is protected until the information is needed for use in an administrative proceeding arising out of the report. e. Public officials and their authorized agents who require the information in connection with the discharge of their official duties. f. A court, including an administrative hearing office, whenever the court determines that the information is necessary for the determination of an issue before the court. g. A person engaged in a bona fide research purpose approved by the department's institutional review board; provided, however, that no individually identifiable information as defined in section 50-06-15 is made available to the researcher unless the information is absolutely essential to the research purpose and the department gives prior approval. h. An individual who is identified in subsection 1 of section 50-25.1-03, and who has made a report of suspected child abuse or neglect, if the child is likely to or continues to come before the reporter in the reporter's official or professional capacity. i. A parent or a legally appointed guardian of the child identified in the report as suspected of being, or having been, abused or neglected, provided the identity of persons making the report or supplying information under this chapter is protected. Unless the information is confidential under section 44-04-18.7, when a decision is made under section 50-25.1-05.1 that a child is abused or neglected, the department or authorized agent shall make a good-faith effort to provide written notice of the decision to individuals identified in this subsection. The department or authorized agent shall consider any known domestic violence when providing notification under this section. j. A public or private school that is the subject of a report of institutional child abuse or neglect, provided the identity of the persons reporting or supplying the information under this chapter is protected, except if the individuals reporting or supplying information are employees of the public or private school. 2. In accordance with subsection 3 of section 50-11.1-07.8, upon the conclusion and disposition of a child abuse and neglect assessment for which a determination of confirmed decision is found, the department or authorized agent shall notify the owner, operator, holder of a self-declaration, or in-home provider and shall notify the parent or legally appointed guardian of a child, who at the time of notification is receiving early childhood services under chapter 50-11.1, of the name of the subject and provide a summary of the facts and the results of a child protection assessment conducted under this chapter if the report made under this chapter involves the owner, operator, holder of a self-declaration, or in-home provider; or involves a staff member or adult or minor household member of the early childhood program, self-declaration, or in-home provider, who is providing care to the child. 3. In accordance with subsection 4 of section 50-25.1-04.1, the department may notify the residential facility or setting's board of directors and any entity that accredits the facility or setting of the institutional child abuse or neglect indicated determination, written report of the state child protection team, the approved improvement plan, and areas of deficiency that resulted in the notification. 4. If a public or private school is the subject of a report of institutional child abuse or neglect, any records and information obtained, created, generated, or gathered by the public or private school in response to the report or during an investigation by the public or private school of the alleged conduct set forth in the report, are confidential until the state child protection team makes a determination in accordance with section 50-25.1-04.1 whether institutional child abuse or neglect is indicated.