(a) The Office shall keep confidential:
(1) All information received pursuant to a complaint filed or a matter investigated, except as may be necessary to enable the Office to perform its duties and to support any resulting recommendations; and
(2) Identifying information of complainants and witnesses, unless:
(A) The complainant or witness waives confidentiality; or
(B) The information is compelled by a Council subpoena pursuant to a Council investigation for neglect of duty or misconduct by the Ombudsperson or the Office when the identifying information is necessary to the investigation.
(b) Upon receipt of information that is subject to confidentiality by law or a privilege, the Office shall maintain the confidentiality or privilege of such information and shall not disclose the information unless permitted by District or federal law and reasonably necessary to protect a CFSA child from imminent harm.
(c)(1) Whoever willfully discloses, receives, makes use of, or knowingly permits the use of confidential information concerning a CFSA child or individual in violation of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000.
(2) A violation of this subsection shall be prosecuted by the Office of the Attorney General for the District of Columbia.
(Apr. 5, 2021, D.C. Law 23-270, § 110, 68 DCR 001510.)
Section 7208 of D.C. Law 24-45 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the creation of this section by Law 23-270 has been implemented.
Section 7208 of D.C. Act 24-159 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the creation of this section by Law 23-270 has been implemented.
Applicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the creation of this section by § 110 of D.C. Law 23-270 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Structure District of Columbia Code
Chapter 6C - Office of the Ombudsperson for Children
§ 4–671.02. Office of the Ombudsperson for Children; establishment; term
§ 4–671.04. Duties of the Office
§ 4–671.05. Duties of the Deputy CFSA Ombudsperson
§ 4–671.07. Enforcement of a subpoena
§ 4–671.10. Confidentiality and privilege