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8-132 Adoption agency information confidentiality

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The state bar of arizona
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A. Unless otherwise provided by law and except as provided in subsection C or D of this section, all personal information concerning an individual who applies for or who receives an adoption agency license is confidential and may not be released, unless the release is ordered by the superior court or provided for by court rule. DCS information is confidential and may be released only as prescribed in section 8-807.

B. Adoption agency information is not confidential, except for both of the following:

1. Any DCS information in the licensing files.

2. The address of any facility where a foster child is placed, even if the address is also the corporate address of the adoption agency.

C. An employee of the department of child safety, the department of law or a court may obtain the information described in subsection A or B of this section in the performance of the employee’s duties.

D. An employee of the department of child safety, the department of law or a court may release information that is otherwise confidential under this section under any of the following circumstances:

1. To an applicant or licensee if a request is made in writing specifically requesting information that directly relates to the person who requests the information.

2. In oral or written communications involving the provision of services or the referral to services between employees of, persons under contract with or persons holding a general employment relationship with the department of child safety, the department of law or the juvenile court.

3. If the disclosure is necessary to protect against a clear and substantial risk of imminent serious injury to a client of the department of child safety.

4. To an agency of the federal government, this state or another state or any political subdivision of this state for official purposes. Information received by a governmental agency pursuant to this paragraph shall be maintained as confidential, unless the information is pertinent to a criminal prosecution.

5. To a foster parent or a parent certified to adopt, if the information is necessary to assist in the placement with or care of a child by the foster parent or person certified to adopt.

6. To an officer of the superior court, the department or an agency that is required to perform an investigation pursuant to section 8-105, if the information is pertinent to the investigation. Information received pursuant to this paragraph may be disclosed to the court, but shall otherwise be maintained as confidential.

E. A person who violates this section is guilty of a class 2 misdemeanor.

F. For the purposes of this section:

1. “Adoption agency information” means all information in the licensing file of the department, including all information on corporate or other entity applicants or licensees and any licensing investigations. Adoption agency information does not include personal information about individuals who apply for licensure to or who are licensed by the department as an adoption agency or other similar personal information contained in the licensing file of the department.

2. “DCS information” has the same meaning prescribed in section 8-807.

3. “Personal information” means information about an individual that is disclosed by the individual or by a third party on behalf of the individual to obtain or maintain a license. Personal information includes all of the following:

(a) The individual’s identity, social security number, address and personal history.

(b) Financial, health or medical information about the individual.

(c) References for the individual.

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