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§ 10225.705. Confidentiality of and access to confidential reports

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 7. Reporting Suspected Abuse by Employees (Refs & Annos)
35 P.S. § 10225.705
§ 10225.705. Confidentiality of and access to confidential reports
Currentness
(a) General rule.--Except as provided in subsection (b), a report under this chapter shall be confidential.
(b) Exceptions.--A report under this chapter shall be made available to all of the following:
(1) An employee of the department or of an agency in the course of official duties in connection with responsibilities under this chapter.
(2) An employee of the Department of Health or the Department of Public Welfare in the course of official duties.
(3) An employee of an agency of another state which performs protective services similar to those under this chapter.
(4) A practitioner of the healing arts who is examining or treating a recipient and who suspects that the recipient is in need of protection under this chapter.
(5) The director, or an individual specifically designated in writing by the director, of any hospital or other medical institution where a victim is being treated if the director or designee suspects that the recipient is in need of protection under this chapter.
(6) A guardian of the recipient.
(7) A court of competent jurisdiction pursuant to a court order.
(8) The Attorney General.
(9) Law enforcement officials of any jurisdiction as long as the information is relevant in the course of investigating cases of abuse.
(10) A mandated reporter under Chapter 3 who made a report of suspected abuse. Information released under this paragraph shall be limited to the following:
(i) The final status of the report following the investigation.
(ii) Services provided or to be provided by the agency.
(c) Excision of certain names.--The name of the person suspected of committing the abuse shall be excised from a report made available under subsection (b)(4), (5) and (10).
(d) Release of information to alleged perpetrator and victim.--Upon written request, an alleged perpetrator and victim may receive a copy of all information except that prohibited from being disclosed by subsection (e).
(e) Protecting identity of person making report.--Except for reports to law enforcement officials, the release of data that would identify the individual who made a report under this chapter or an individual who cooperated in a subsequent investigation is prohibited. Law enforcement officials shall treat all reporting sources as confidential information.

Credits

1987, Nov. 6, P.L. 381, No. 79, § 705, added 1997, June 9, P.L. 160, No. 13, § 3, effective in 180 days.
35 P.S. § 10225.705, PA ST 35 P.S. § 10225.705
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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