- (a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled providers, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.
(b) A child care provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under the provider’s care and all facts learned about children and their families with the following exceptions:
- (1) A child care provider shall allow the department access to all records that providers are required by department rule or state statute to keep, and to such records as necessary for the department to determine staffing patterns and staff attendance; and
- (2) A child care provider shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child’s parent.
- (c) A child care provider shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child’s parent(s) in a manner that protects and maintains confidentiality for both the child and the child’s parent(s).
Source. #13065, eff 7-1-20; ss by #14095, EMERGENCY RULE, eff 10-9-24; ss by #14222, eff 3-27-25, EXPIRES: 3-27-35