Information received by an authorized receiving party shall be held confidential by the receiving party. However, the court may order the release of the information or any portion of it necessary for determination of an issue before the court. Upon written request, the Department of Social Services shall release findings or information regarding the abuse or neglect of a child that resulted in a fatality or near fatality of the child unless the release of the findings or information would jeopardize a pending criminal investigation or proceeding. The findings or information to be released shall relate to the acts of child abuse or neglect that caused the fatality or near fatality of the child. However, the identity of the child may never be released. For the purpose of this chapter, near fatality means an act that, as certified by a physician, placed the child in serious or critical condition. Source: SL 1975, ch 179 , § 6; SL 1980, ch 193 , § 3; SL 1991, ch 217 , § 121B; SDCL § 26-10-12.3 ; SL 1992, ch 188 ; SL 1993, ch 204 ; SL 1994, ch 205 ; SL 1995, ch 147 , § 2; SL 1998, ch 160 , § 1; SL 1999, ch 134 , § 1; SL 2007, ch 165 , § 1; SL 2009, ch 136 , § 1; SL 2021, ch 119 , § 1.
However, the information may only be released for the purpose of screening applicants
— under PROTECTION OF CHILDREN FROM ABUSE OR NEGLECT.