State Seal2 copy            Bill Number: S.B. 1406

             Floor Amendment

            Reference to: printed bill

            Amendment drafted by: Leg Council

 

 

FLOOR AMENDMENT EXPLANATION

 

1.    Prohibits Department of Child Safety (DCS) records and files maintained by the Ombudsman-Citizens Aide from being disclosed unless statutorily authorized or in accordance with federal requirements for state grants for Child Abuse or Neglect Prevention and Treatment Programs.

2.    Requires staff of the Ombudsman-Citizens Aide who field complaints regarding DCS, rather than all staff, to have access to DCS records.

3.    Requires all investigative staff of the Ombudsman-Citizens Aide, rather than all staff, to have access to the DCS automated case management system.

4.    Removes language allowing the Ombudsman-Citizens Aide to disclose information contained in records and files prepared for an investigation when redacted of personally-identifiable information and included in the Ombudsman-Citizens Aide's annual report or opinions and recommendations. 

5.    Defines DCS records and files and records and files.  


 

Fifty-fourth Legislature                                             Farnsworth D

Second Regular Session                                                  S.B. 1406

 

FARNSWORTH D FLOOR AMENDMENT

SENATE AMENDMENTS TO S.B. 1406

(Reference to printed bill)

 

 


Page 2, line 8, after "staff" insert "who field complaints regarding the department of child safety"

Line 9, after "records" insert a comma; after "and" insert "the ombudsman‑citizens aide and all investigative staff have access"

Between lines 33 and 34, insert:

"D. Records and files that are maintained by the ombudsman-citizens aide are not public records and are exempt from disclosure under title 39, chapter 1. For the purposes of this subsection, "records and files" means all information the office of the ombudsman-citizens aide gathers during the course of an investigation conducted under this article from the time a file is opened until it is closed."

Reletter to conform

Line 34, after "D." insert "Department of child safety"; strike "are"

Strike lines 35 through 44

Line 45, strike "attorney pursuant to section 41‑1379" insert "may not be disclosed except in accordance with 42 United states Code section 5106a and as allowed or required by this article"

Line 46, after "subsection" insert a comma strike remainder of line

Page 3, strike lines 1 through 6

Line 7, strike "2."; after the first quotation mark insert "department of child safety"

Amend title to conform


 

DAVID C FARNSWORTH

 

 

 

1406FloorFARNSWORTH D

03/06/2020

03:14 PM

C: NS