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Committee approves child‑advocate bill language that mirrors DHHS/DOC confidentiality and allows narrow disclosures to protect children
Summary
The committee reviewed LD1893 to establish an independent Office of the Child Advocate, heard sponsor and agency explanations of confidentiality protections for DHHS and DOC records, and voted to approve the bill's public‑records language (with a recommended archives retention change to 100 years).
The Joint Standing Committee on the Judiciary reviewed LD1893 on July 7, a bill to replace the Child Welfare Ombudsman program with a constitutionally independent Office of the Child Advocate. The sponsor said the measure expands oversight to children touched by multiple systems and intentionally mirrors existing confidentiality schemes for Department of Health and Human Services and Department of Corrections records.
Representative Laurie Gramlich, sponsor of the bill, told the committee the intent is to cover "kids who are touched by the system that don't have a voice," including juveniles in Department of Corrections custody. Janet (committee staff) and Jill O'Brien, director of government affairs for the Department of Corrections, explained how existing statutes would govern records the new office receives. For example, child‑welfare records would remain subject to Title 22 §4008 confidentiality rules and juvenile DOC records to Title 34‑A §12‑16 protections.
The unanimous committee amendment makes the office subject to the same confidentiality protections as the originating department when the office receives department records and also adds narrowly circumscribed language allowing the child advocate to disclose minimal necessary investigation details to relevant entities if the advocate determines a child's health, safety or welfare is at risk. Departments and the sponsor explained this limited disclosure is intended as a safety mechanism, not to expand public access, and would be constrained by conditions such as pending child protection proceedings or criminal investigations.
Representative Lee moved that the proposed public‑records exception in LD1893 meets Title 1 §434 criteria, with a recommended change to archive retention: rather than transferring records and losing confidentiality after 75 years, the committee suggested 100 years for permanent retention of sensitive files. Representative Sato seconded; the motion passed unanimously of those present. The chair reminded members that staff would circulate final language by email and adjourned the meeting.
Outcome: Motion that the public‑records exception for LD1893 meets the statutory criteria, with an archives retention recommendation to extend to 100 years.
