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Tennessee Code Title 71. Welfare § 71-6-118

Current as of January 02, 2024 | Updated by Findlaw Staff

(a)(1) The identity of a person who reports abuse, neglect, or exploitation, as those terms are defined in § 71-6-102, as required under this part, is confidential and may not be revealed except as otherwise provided in this section or upon an order by a court with jurisdiction under this part for good cause shown.

(2) The identity of a person who makes a report pursuant to § 39-15-509(a), is confidential and may not be revealed except as otherwise provided in this section or upon an order by a court with jurisdiction under this part for good cause shown.

(b) Except as otherwise provided in this part, it is unlawful for any person, except for purposes directly connected with the administration of this part or title 39, to disclose, receive, make use of, authorize, or knowingly permit, participate in, or acquiesce in the use of any list or the name of, or any information concerning, persons receiving services pursuant to this part, or any information concerning a report or investigation of a report made confidential pursuant to subsection (a), directly or indirectly derived from the records, papers, files, or communications of the department of human services or divisions thereof acquired in the course of the performance of official duties.

(c)(1) When necessary to protect elderly or vulnerable adults in a healthcare facility licensed by any state agency, the information, reports, and investigations described in subsection (b) may be disclosed to any agency providing licensing or regulation for that facility; however, the information, reports, and investigations shall retain the protection of subsection (b) when disclosed to such agency and may not be disclosed to, or used by, any other person.

(2) Notwithstanding subsections (a) and (b), adult protective services:

(A) May report to law enforcement or public health authorities any information from its investigations or records regarding illness, disease, injuries, or any offense for which reports are made confidential under subsection (a) obtained in the course of an investigation;

(B) Shall provide to the district attorney general a complete and unredacted copy of adult protective services' entire investigative file upon the commencement of a criminal prosecution for alleged conduct involving an elderly or vulnerable adult victim obtained in the course of an investigation; however, the identity of the person who reported the alleged conduct shall only be provided pursuant to subdivision (c)(2)(C) and subsection (d);

(C) Shall provide to the district attorney general the identity of the person reporting alleged conduct involving an elderly or vulnerable adult victim upon the return of a criminal indictment or presentment arising from the report and pursuant to written request by the district attorney and entry of a protective order preventing further release of the identity of the person reporting for any purpose other than criminal prosecution; and

(D) In addition to the disclosures adult protective services is required to make under § 39-15-509, shall provide to the district attorney general, upon request, the names of individuals obtained in the course of an adult protective services investigation that have information relevant to a criminal investigation of alleged conduct involving an elderly or vulnerable adult victim. However, if the name of the person that reported the alleged conduct is included, then the individual must not be identified as the reporter of the alleged conduct.

(3) As used in this subsection (c), “elderly or vulnerable adult” includes an adult, as defined in § 71-6-102, an elderly adult, as defined in § 39-15-501, and a vulnerable adult, as defined in § 39-15-501.

(d) Nothing in this section shall preclude the district attorney general from complying with the continuing duty to disclose evidence under the rules of discovery in a criminal prosecution.

(e) A knowing violation of subsection (a) or (b) or subdivision (c)(1) is a Class B misdemeanor.

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Cite this article: FindLaw.com - Tennessee Code Title 71. Welfare § 71-6-118 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-71-welfare/tn-code-sect-71-6-118/

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