§346-153  Records of deficiencies and complaints; release to public.  (a)  For every child care facility, the department shall maintain records for the current and previous two years of: results of its inspections; notifications to providers of deficiencies; corrective action taken; complaints of violations of rules adopted under this part; results of its investigations; resolution of complaints; and suspensions, revocations, reinstatements, restorations, and reissuances of licenses, temporary permits, and registrations issued under this part.

     (b)  Notwithstanding any other law to the contrary, the records described in this section shall be available for inspection in the manner set forth in chapter 92F and may be posted by the department on a public website; provided that with respect to records of family child care homes and group child care homes, sensitive personal information, including home addresses, or information provided to the department with the understanding that it would not be publicly divulged shall be deleted or obliterated prior to making the records available to the public.  Nothing in this section shall authorize the department to release to the public the names of or any other identifying information on complainants.  Nothing in this section shall prohibit the department's child care licensing program from sharing information and cooperating with the department's child protective services and law enforcement on investigations.

     (c)  The department may withhold information regarding an investigation of a complaint of a violation for not more than ten working days after the date the investigation report is completed; provided that if an investigation relates to an alleged criminal offense, no information shall be released until the criminal investigation has been completed and the director has determined that no legal proceeding will be jeopardized by its release. [L 1985, c 208, pt of §2; am L 2016, c 88, §3; am L 2019, c 83, §3]

 

Note

 

  Section 92-51 referred to in text is repealed.

 

 

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