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ACCESS TO INFORMATION IN JUVENILE COURT PROCEEDINGS
CONSENT AND RELEASES - SPECIFYING THE LIMITS OF REDISCLOSURE

If a party consents to the disclosure of otherwise confidential information maintained by an agency or entity, the circumstances under which that information may be further disclosed or “redisclosed” to another party varies depending on the type of information and the circumstances under which it would be further disclosed. A common exception when further disclosure of confidential information is permitted is when it is redisclosed in connection with a criminal proceeding involving the subject of the record.

Redisclosure may be authorized or prohibited in two ways:

  • The statutes that provide confidentiality for a certain type of record may have exceptions that allow disclosure without consent under certain circumstances. These provisions may then also address when, if at all, records may be further disclosed. Refer to the section on the specific type of record for information about these circumstances.
  • The limits of redisclosure may be specified on a release form. The forms should be carefully scrutinized to determine whether redisclosure is permitted. If it is not clear from the form, seek legal counsel or further consent from the individual before redisclosing information.

 

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