Page:United States Statutes at Large Volume 110 Part 4.djvu/977

 PUBLIC LAW 104-235—OCT. 3, 1996 110 STAT. 3073 neglected child and of any other child under the same care who may also be in danger of abuse or neglect and ensuring their placement in a safe environment; "(iv) provisions for immunity from prosecution under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect; "(v) methods to preserve the confidentiality of all Confidentiality. records in order to protect the rights of the child and Records. of the child's parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of this Act shall only be made available to— "(I) individuals who are the subject of the report; "(11) Federal, State, or local government entities, or any agent of such entities, having a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect; "(III) child abuse citizen review panels; "(IV) child fatality review panels; "(V) a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; and "(VI) other entities or classes of individuals statutorily authorized by the State to receive such information pursuant to a legitimate State purpose; "(vi) provisions which allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality; "(vii) the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse or neglect; " (viii) provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment; "(ix) provisions and procedures requiring that in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem, who may be an attorney or a court appointed special advocate (or both), shall be appointed to represent the child in such proceedings— "(I) to obtain first-hand, a clear understanding of the situation and needs of the child; and

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