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§ 10210.306. Confidentiality of records

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 7, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 57. Adult Protective Services Act (Refs & Annos)
Chapter 3. Administration (Refs & Annos)
Effective: April 7, 2011
35 P.S. § 10210.306
§ 10210.306. Confidentiality of records
Currentness
(a) General rule.--Information contained in reports, records of investigation, assessment and service plans shall be considered confidential and shall be maintained under regulations promulgated by the department to safeguard confidentiality. Except as otherwise provided in subsection (b), this information shall not be disclosed to anyone outside the agency other than to a court of competent jurisdiction pursuant to a court order.
(b) Limited access to agency's protective services records.--
(1) In the event that an investigation by an agency results in the discovery of suspected criminal conduct, law enforcement officials shall be given access to all relevant records maintained by the agency or the department.
(2) In arranging specific services to carry out service plans, an agency may disclose to appropriate service providers such information as may be necessary to initiate the delivery of services.
(3) An adult who is the subject of a report made under section 3021 may receive, upon written request, all information contained in the report except that prohibited from disclosure under paragraph (4).
(4) The release of information that would identify a person who made a report of suspected abuse, neglect, exploitation or abandonment or who cooperated in a subsequent investigation is prohibited unless the secretary can determine that such a release will not be detrimental to the safety of the person.
(5) When the department is involved in the hearing of an appeal by an adult who is the subject of a report made under section 302, the appropriate department staff shall be given access to all information in the report record relevant to the appeal.
(6) For the purpose of monitoring agency performance, appropriate staff of the department may access agency protective services records.

Credits

2010, Oct. 7, P.L. 484, No. 70, § 306, effective in 6 months [April 7, 2011].

Footnotes

1
35 P.S. § 10210.302.
35 P.S. § 10210.306, PA ST 35 P.S. § 10210.306
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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