41-3-1008. Access to records. (1) Notwithstanding the provisions of 41-3-205, a local citizen review board has access to:
     (a) any records of the district court that are pertinent to the case; and
     (b) any records of the department of public health and human services or other agencies that would be admissible in a dispositional review hearing conducted pursuant to 41-3-406, including school records and reports of private service providers contained in the records of the department of public health and human services or other agencies.
     (2) All requested records not already before the local citizen review board must be submitted by the department of public health and human services within 5 working days after receipt of a request. A local citizen review board and any staff provided for the board shall return all records and copies received from the department of public health and human services to the department within 7 working days after completion of the review.
     (3) A local citizen review board may retain a reference copy of case material used by the board to make its recommendation if:
     (a) the material is necessary for the ongoing work of the local citizen review board with regard to the particular case or to work of the board; and
     (b) the confidentiality of the material is continued and protected in the same manner as other material received from the department of public health and human services. Material retained by the local citizen review boards is not subject to disclosure under the public records law.
     (4) If a local citizen review board is denied access to requested records, it may request a hearing. The court may require the organization in possession of the records to show cause why the records should not be made available as provided by this section.

     History: En. Sec. 8, Ch. 610, L. 1993; amd. Sec. 4, Ch. 386, L. 1995; amd. Sec. 176, Ch. 546, L. 1995.