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2.1A.4 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Public disclosure

Items with a star (*) and gray background have been modified from previous record.

Question Number 6:
09/14/2012 - Current
Question*When child abuse or neglect results in a child fatality or near fatality, is the State required to disclose to the public personal information about the child, including name, date of birth and date of death?
Answer*As required by CWPM section 2.1A.4 Q/A #8, the State is required to provide the child's age and gender when child abuse or neglect results in a child's death or near fatality; disclosure of the child's name, date of birth, date of death or other personal information is not a Federal requirement. However, a State is not prohibited by CAPTA from having procedures or policies that release such information.

Finally, States also should ensure that they are complying with any other relevant Federal confidentiality laws. In particular, entities that are subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) must ensure that they do not disclose confidential information in violation of HIPAA's privacy regulations. *

* For more detailed information about the circumstances under which State agencies or other covered entities can disclose confidential information under HIPAA's privacy regulations, contact the U.S. Department of Health and Human Services' Office for Civil Rights or the State Attorney General's Office.

Source/Date*updated 9/27/11; 9/12/12
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106

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09/27/2011 - 09/14/2012
QuestionIn a case of child abuse or neglect that results in a child fatality or near fatality, is the State required by Federal law to disclose to the public personal information about the child, including name, date of birth and date of death?
Answer*No. Section 106(b)(2)(B)(x) of the Child Abuse Prevention and Treatment Act (CAPTA) only requires the State to release to the public findings or information about a case of child abuse or neglect that results in a child''s death or near fatality; disclosure of the child''s name, date of birth, date of death or other personal information is not a Federal requirement. However, a State is not prohibited by CAPTA from having procedures or policies that release such information. Finally, States also should ensure that they are complying with any other relevant State or Federal confidentiality laws. In particular, entities that are subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) must ensure that they do not disclose confidential information in violation of HIPAA''s privacy regulations. *

* For more detailed information about the circumstances under which State agencies or other covered entities can disclose confidential information under HIPAA''s privacy regulations, contact the U.S. Department of Health and Human Services'' Office for Civil Rights or the State Attorney General''s Office.

Source/Date*updated 9/27/11
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106

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10/26/2006 - 09/27/2011 (Original Record)
QuestionIn a case of child abuse or neglect that results in a child fatality or near fatality, is the State required by Federal law to disclose to the public personal information about the child, including name, date of birth and date of death?
AnswerNo. Section 106(b)(2)(A)(x) of the Child Abuse Prevention and Treatment Act (CAPTA) only requires the State to release to the public findings or information about a case of child abuse or neglect that results in a child''s death or near fatality; disclosure of the child''s name, date of birth, date of death or other personal information is not a Federal requirement. However, a State is not prohibited by CAPTA from having procedures or policies that release such information. Finally, States also should ensure that they are complying with any other relevant State or Federal confidentiality laws. In particular, entities that are subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) must ensure that they do not disclose confidential information in violation of HIPAA''s privacy regulations. *

* For more detailed information about the circumstances under which State agencies or other covered entities can disclose confidential information under HIPAA''s privacy regulations, contact the U.S. Department of Health and Human Services'' Office for Civil Rights or the State Attorney General''s Office.

Source/Date10/24/2006
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106

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