§ 3912. Confidentiality of records.
200 words·~1 min read·
/de/title-31/chapter-39-adult-protective-services/3912·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Records and information in the possession of the Department or anyone providing service to an alleged victim and the alleged victim’s relatives is deemed confidential, and may be disclosed only under the following conditions:
a. Under an appropriate court order.
b. With the consent of the recipient of the services, if the recipient has legal capacity. If the recipient lacks capacity, the recipient’s agent under Chapters 49 or 49A of Title 12, an agent or default surrogate under Chapter 25 of Title 16, or legal guardian may consent for the recipient.
c. For medical necessity.
(2)Notwithstanding paragraph (a)(1) of this section, disclosure of records or information is always lawful when necessary for purposes directly connected with the administration of protective services, or when the disclosure does not reveal theidentity of the alleged victim, such as in the case of disclosure of statistics or other summary information.
(b)Violation of this section is an unclassified misdemeanor. The Superior Court has jurisdiction over violations of this section.
(c)An Adult Protective Services staff member or another individual providing protective services to an alleged victim who violates these provisions and improperly discloses confidential information must be immediately removed or dismissed.