Disclosure of Confidential Child Abuse and Neglect Records - American Samoa

Date: February 2022

Confidentiality of Records

Citation: Ann. Code § 45.2023

Reports made under this chapter, as well as any other information obtained, reports written, or photographs taken concerning those reports that are in the possession of the department and agency are confidential.

Persons or Entities Allowed Access to Records

Citation: Ann. Code §§ 45.2023; 45.2024

Reports are made available only to the following:

  • The attorney general at all times
  • A physician who reasonably believes that a child may have been abused, sexually abused, or neglected
  • A person authorized to place a child in protective custody when that person requires the information to determine whether to place the child in protective custody
  • An agency that has responsibility for the care or supervision of the subject of a report
  • Any person who is the subject of a report
  • A court when it is necessary for the determination of an issue before it
  • Any person engaged in bona fide research

A person who was the subject of a report as a child may access their record only after they have reached age 18, and their sibling or offspring is a suspected victim of child abuse, sexual abuse, or neglect.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

This issue is not addressed in the statutes reviewed.