§ 3-111. Confidentiality of records.
A. Except as provided in this section, reports of child abuse or neglect and the name and address of any child, family or informant or any other identifying information contained in such reports shall be confidential and shall not be public information.
B. Disclosure of the name and address of the child and family and other identifying information involved in such reports shall be permitted only when authorized by a Court for good cause. Such disclosure shall not be prohibited when there is a death of a suspected victim of child abuse or neglect and the death becomes a matter of public record, the subject of an arrest by law enforcement agency, or the subject of the filing of a formal charge by a law enforcement agency.
C. Any person who violates any provision of this section shall be subject to a civil penalty of not more than Five Hundred Dollars ($500.00).
D. Only the following persons or agencies shall be given access to child abuse or neglect records and reports:
1. The Osage Nation Police or their cooperative agencies, Indian Child Welfare Department staff and cooperating departments and agencies investigating a report of alleged child abuse or neglect or treating a child or family which is the subject of the report;
2. A physician who has before him a child whom he reasonably suspects to be abused or neglected;
3. An agency having the legal responsibility or authorization to care for, treat or supervise a child who is the subject of a report or record of a parent, guardian, custodian or other person who is responsible for the child’s health or welfare;
4. Any person named in the report or record who was alleged to be abused or neglected or, if a minor or other incompetent at the time of the request, is named in the report, the Guardian Ad Litem;
5. A parent, guardian, custodian or other person responsible for the health and welfare of a child named in a report with protection for the identity of reporters and other appropriate persons;
6. A Court, upon its finding that access to such records may be necessary for determination of an issue before such Court, but such access shall be limited to in-camera inspection unless the Court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it;
7. The Central Registry/case management system of child protection;
8. Members of the child protection team;
9. The Tribal Prosecutor and attorneys for the parties with protection for the identity of reporters and other appropriate persons when necessary;
10. Such other person(s) as a Court may determine, for good cause.
E. After a child who is subject of a report reaches the age of eighteen (18) years, access to the record under this section shall be permitted only if a sibling or offspring of such child is before any person mentioned in subsection (D) of this section and is a suspected victim of child abuse. The amount and type of information released shall depend upon the source of the report and shall be determined by regulations established by the Indian Child Welfare Department Director. However, under no circumstances shall the information be released unless the person requesting such information is entitled thereto as confirmed by the Director of the Indian Child Welfare Department and the information released states whether or not the report is founded or unfounded. A person given access to the names or other information identifying the subject of a report shall not divulge or make public any identifying information unless by the Tribal Prosecutor or a Osage Nation Police Officer and the purpose is to initiate court action or unless he is the subject of a report.