CHC 544

767 words·~3 min read·/la/544-2

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CHC 544

Art. 544. Request for information; order for release

A.(1) Notwithstanding any other provision of law to the contrary, any state agency providing services to children and their families, which shall include but is not limited to the Louisiana Department of Health, the Department of Children and Family Services, youth services of the Department of Public Safety and Corrections, and the Department of Education, and any city, parish, or other local public school board is hereby authorized to request in writing, which shall include but shall not be limited to an email or electronic communication, from any other state agency or city, parish, or other local public school board any information, data, reports, or records in its possession which are relevant and necessary to the performance of the requesting agency's duties to children and their families.

This written request shall include the specific purpose for which the information, data, reports, or records are being requested.

(2)Any state agency, including but not limited to those listed in Subparagraph (A)(1) of this Article, or any city, parish, or other local public school board which is either requesting such information or which possesses such information shall exercise due diligence in taking reasonable measures to remove any barriers to the release, exchange, or sharing of information which is otherwise protected by law, regulation, or protective order of a court or administrative tribunal of competent jurisdiction, including obtaining such consent, authorization, or waiver as may be required. If written consent, waiver of confidentiality, or other authorization from the person who is the subject of the information or such person's legal representative is necessary to permit the release, exchange, or sharing of information, the agency or school board requesting the information shall have the primary responsibility for obtaining such consent, waiver, or other authorization. In all other cases, the primary responsibility for removing a barrier to the release, exchange, or sharing of such protected information shall rest with the agency or school board, as the case may be, which is more reasonably able to take the necessary measures under the particular circumstances, and such agency or school board, as the case may be, shall take such necessary measures.

(3)Once a written request is made pursuant to Subparagraph (A)(1) of this Article, the state agency or the city, parish, or other local public school board which possesses the information, data, reports, or records shall release such information to the requesting agency no later than fifteen days after receipt of the written request, except as otherwise provided in Paragraph B of this Article.

B. Within fifteen days after receipt of the written request, the agency or school board in possession of the information may apply to a court of competent jurisdiction for an order denying the request or limiting the scope of information to be released.

C. Unless a court order has been timely sought pursuant to Paragraph B of this Article, if the agency or school board in possession of the information fails or refuses to release such information within fifteen days after receipt of the written request, the requesting agency shall have the right to file a rule in a court of competent jurisdiction requiring the agency or school board in possession of the requested information to show cause why the requested information should not be released.

D.(1) A motion or rule to show cause filed pursuant to this Article shall state the reasons why the applying agency is seeking the release of the information, or why the information request should be limited, restricted, or denied, as applicable, and shall describe with particularity the information that is the subject of the application. No names or other personal identifying information or data regarding a child or family shall be included.

(2)If no opposition to the motion or rule is filed or no appearance in opposition is made, it shall be deemed to be unopposed and the court shall issue an ex parte order granting the relief sought, unless the court finds that the relief requested is clearly contrary to law or not in the best interest of the child, in which event the court shall have the authority to fashion such relief as it deems appropriate.

(3)The court shall give preference to proceedings filed pursuant to this Chapter in order to expedite the provision of services to children and families.

E. If a court is presently exercising juvenile jurisdiction over the child or his family, such court shall be the court of competent jurisdiction for the purposes of this Article.

Acts 2005, No. 119, §1, eff. Jan. 1, 2006.