§346-10 Protection of records; divulging confidential information prohibited. (a) The department and its agents shall keep records that may be necessary or proper in accordance with this chapter. All applications and records concerning any applicant or recipient shall be confidential. The use or disclosure of information concerning applicants and recipients shall be limited to:
(b) Disclosure to any committee or legislative body (federal, state, or local) of any information that identifies by name and address any such applicant or recipient; and publication of lists or names of applicants and recipients shall be prohibited.
(c) The department shall promulgate and enforce such rules as may be necessary to prevent improper acquisition or use of confidential information. Any information secured pursuant to this section by the officials or employees may be used in connection with their official duties or within the scope and course of their employment but not otherwise, and shall be kept in confidential records or files, which shall not be subject to any other law permitting inspection of government records. The department and its agents shall determine whether or not such inspection is in connection with such official duties or within the scope and course of such employment.
(d) The use of the records, and other communications of the department or its agents by any other agency or department of government to which they may be furnished, shall be limited to the purposes for which they are furnished.
(e) Confidential information shall be released if requested by specific written waiver of the applicant or recipient concerned.
(f) The identity of foster parents, adoptive parents, and foster care facility staff parents, and the location of the foster home, adoptive home, or foster care facility is confidential but may be released with the consent of the foster parent, adoptive parent, or foster care facility staff. If the department determines it is in the best interest of the child and of the adoptive parents, foster parents, or facility, the identity and location of the adoptive parents or foster parents, foster home, or facility may be stricken from the individual's case file or withheld from the child's parents, guardians, or other interested persons. Notwithstanding the above, the department shall release the identity, mailing address, and telephone number of licensed or certified foster parents and approved relative caregivers to any association, agency, or government entity which would be of benefit to the foster parents or relative caregivers or to the foster care program, unless the foster parents or relative caregivers submit to the department a signed statement requesting that such information be kept confidential. To be effective, this statement must be submitted to the department by December 31, 1996, or with the application to the department thereafter. The identity, mailing address, and telephone number of licensed or certified foster parents and approved relative caregivers provided to an association, agency, or government entity shall not be released by the association, agency, or government entity without the consent of the foster parent or relative caregiver.
(g) All reports concerning adult abuse or neglect, as well as all records of such reports, are confidential and any unauthorized disclosure of a report or record of a report shall be a violation. The director of human services may adopt, amend, or repeal rules, pursuant to chapter 91, to provide for the confidentiality of reports and records and for the authorized disclosure of reports and records. [L 1941, c 296, pt of §1; am L 1943, c 113, §1; RL 1945, §4825; am L 1951, c 226, §1; am L 1953, c 153, §2; RL 1955, §108-5; HRS §346-10; am L 1970, c 105, §5; am L 1978, c 105, §2; am L 1983, c 213, §1; am L 1985, c 272, §8; am L 1986, c 332, §6; am L 1987, c 339, §4 and c 345, §2; am L 1991, c 145, §2; am L 1996, c 33, §1; am L 1997, c 200, §§3, 11; am L 1998, c 127, §5; am L 1999, c 34, §1; am L 2012, c 91, §1]