SB 375

Under current law, the director of state courts has established a consolidated

electronic system, know as the Consolidated Court Automation Program (CCAP),

that contains information about cases filed in the circuit courts in this state,

including cases filed in the courts assigned to exercise jurisdiction under the

Children's Code and the Juvenile Justice Code (juvenile courts). Records of the

juvenile court, however, are confidential and may not be opened to inspection, nor

may their contents be disclosed, except under certain statutory exceptions or by an

order of the juvenile court.

Also, under current law, the Department of Children and Families (DCF) has

established a Statewide Automated Child Welfare Information System (SACWIS)

that contains information about child welfare cases entered into that system by DCF,

county departments of human services or social services (county departments), and

licensed child welfare agencies. Current law permits DCF, a county department, or

any other agency that has entered into an information sharing and access agreement

with DCF or a county department and that has been approved for access to SACWIS

by DCF to have access to information maintained in SACWIS, if necessary for the

performance of its duties under state or federal law.

This bill permits the director of state courts and DCF to enter into an agreement

to allow for the transfer of electronic records that are contained in the CCAP system

to DCF and for the transfer of electronic records that are contained in SACWIS to the

director of state courts. The agreement must specify what types of information may

be transferred under the agreement. In addition, the agreement must permit: 1)

DCF to allow access to any information transferred to DCF under the agreement only

for the purpose of providing child welfare or juvenile justice intake or dispositional

services; and 2) the director of state courts to allow access to any information

transferred to the director of state courts only for the purposes of a proceeding under

the Children's Code or the Juvenile Justice Code. Finally, the bill requires DCF, the

director of state courts, and any individual who is allowed access to any information

transferred under the agreement to keep the information confidential and to use and

further disclose the information only for the purposes permitted under the

agreement and provides for a forfeiture of not more than $5,000 for any person who

intentionally discloses information in violation of the bill.