North Dakota Code 50-25.1-11.1 – Children’s advocacy centers – Confidentiality of records – Criminal history record checks
1. Records and digital media in the possession of a children‘s advocacy center relating to a forensic medical examination, forensic interview, or therapy are confidential and may be released only to a person other than a law enforcement agency, the department or the department’s authorized agent, or a medical or mental health professional when the child comes before the medical or mental health professional in that person’s professional capacity, upon service of a subpoena signed by a judge.
Terms Used In North Dakota Code 50-25.1-11.1
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
2. The department may submit a request for a criminal history record check under section 12-60-24 on a board member, an employee, a final applicant for employment of a children’s advocacy center, a contractor or volunteer of a children’s advocacy center who has contact with a child at or through a children’s advocacy center.
3. As used in this section, “board member” means an individual serving on the board of a children’s advocacy center.