Disclosure of Confidential Child Abuse and Neglect Records - Idaho

Date: February 2022

Confidentiality of Records

Citation: Ann. Code §§ 16-1629; 74-105

Department records shall be subject to disclosure according to chapter 1, title 74, Idaho Code unless otherwise ordered by the court, the person consents to the disclosure, or disclosure is necessary for the delivery of services to the person.

Records of investigations prepared by the Department of Health and Welfare pursuant to its statutory responsibilities dealing with the protection of children, the rehabilitation of youth, adoptions, and the commitment of mentally ill persons are exempt from disclosure. For reasons of health and safety, best interests of the child, or public interest, the department may provide for the disclosure of records of investigations associated with actions pursuant to the provisions of title 16, chapter 16 prepared by the department pursuant to its statutory responsibilities dealing with the protection of children, except any such records regarding adoptions shall remain exempt from disclosure.

Persons or Entities Allowed Access to Records

Citation: Ann. Code §§ 16-1626; 16-1629

The court shall keep a record of all court proceedings under this chapter. The records shall be available only to the following:

  • Parties to the proceeding
  • Persons having full or partial custody of the subject child
  • Authorized agencies providing protective supervision or having legal custody of the child
  • Any other person only upon permission by the court and only if it is shown that such access is in the best interests of the child or for the purpose of legitimate research

All records pertaining to investigations, the rehabilitation of youth, the protection of children, evaluation, treatment, and/or disposition records pertaining to the statutory responsibilities of the department shall be disclosed to any duly elected State official carrying out his or her official functions.

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.

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