(a) Except as provided in subsection (b), a confidentiality agreement entered into between a foster parent and the department may not prohibit the foster parent from releasing or disclosing confidential information to a duly elected state government official for whom the information is relevant to the official's responsibility under the law to protect children from child abuse and neglect.(b) A foster parent may provide an elected state government official with information regarding a child in the foster parent's care. However, a foster parent may not release or disclose the following information regarding a child who is or was in foster care or under the supervision of a juvenile court, or regarding the child's parent, guardian, or custodian:(1) Medical records.(2) Mental health records.(3) Education records.(4) Social Security number.(5) Juvenile court records, as set forth in IC 31-39-1.(6) Law enforcement records, as set forth in IC 31-39-3.(7) A report prepared under IC 31-19-17-2.(8) Identifying information (as defined in IC 31-33-18-1.5) regarding the child's parent, guardian, or custodian.(9) Information shared at a meeting at which the foster parent was present 31-19-17-2.(8) Identifying information (as defined in IC 31-33-18-1.5) regarding the child's parent, guardian, or custodian.(9) Information shared at a meeting at which the foster parent was present only with the consent of a child's parent, guardian, or custodian.(c) The department may not:(1) take adverse action against a foster parent's license under IC 31-27-4; or(2) remove a foster child from the home of a foster parent;solely on the basis of the foster parent having spoken to a duly elected state government official, provided the foster parent did not provide the state government official with information the foster parent is prohibited from releasing under subsection (b).As added by P.L.244-2023, SEC.7.
Indiana Legal Code