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§ 10225.306. Confidentiality of records

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 58. Older Adults Protective Services Act (Refs & Annos)
Chapter 3. Administration
35 P.S. § 10225.306
Formerly cited as PA ST 35 P.S. § 10219
§ 10225.306. Confidentiality of records
Currentness
(a) General rule.--Information contained in reports, records of investigation, client assessment and service plans shall be considered confidential and shall be maintained under regulations promulgated by the department to safeguard confidentiality. Except as provided below, this information shall not be disclosed to anyone outside the agency other than to a court of competent jurisdiction or pursuant to a court order.
(b) Limited access to the agency's protective services records.--
(1) In the event that an investigation by the agency results in a report of criminal conduct, law enforcement officials shall have access to all relevant records maintained by the agency or the department.
(2) In arranging specific services to carry out service plans, the agency may disclose to appropriate service providers such information as may be necessary to initiate the delivery of services.
(3) A subject of a report made under section 3021 may receive, upon written request, all information contained in the report except that prohibited from being disclosed by paragraph (4).
(4) The release of information that would identify the person who made a report of suspected abuse, neglect, exploitation or abandonment or person who cooperated in a subsequent investigation, is hereby prohibited unless the secretary can determine that such a release will not be detrimental to the safety of such person.
(5) When the department is involved in the hearing of an appeal by a subject of a report made under section 302, the appropriate department staff shall have access to all information in the report record relevant to the appeal.
(6) For the purposes of monitoring agency performance, appropriate staff of the department may access agency protective services records.

Credits

1987, Nov. 6, P.L. 381, No. 79, § 9 (35 P.S. § 10219). Renumbered as § 306 and amended by 1996, Dec. 18, P.L. 1125, No. 169, § 4, effective in 90 days.

Footnotes

1
35 P.S. § 10225.302.
35 P.S. § 10225.306, PA ST 35 P.S. § 10225.306
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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