Bill > HB5649

This bill amends West Virginia code section 9-6-8 to clarify and expand the circumstances under which records concerning vulnerable adults, particularly those related to reports of abuse, neglect, or financial exploitation, can be disclosed. It allows for broader disclosure to federal, state, and local governmental entities, including law-enforcement agencies and prosecuting attorneys, for investigations. The bill also establishes a procedure for the limited disclosure and use of these confidential records in administrative hearings, requiring a written motion and an order from a hearing officer after an in-camera review to ensure relevance, with strict limitations on how the information can be used and requiring its return after the hearing. Furthermore, it permits the use of these records in judicial review of administrative decisions, again with court-ordered limitations on disclosure. The bill also maintains provisions for disclosure to the victim, their legal representative, protection and advocacy agencies, and for research or auditing purposes, while continuing to protect the identity of reporters of abuse, neglect, or exploitation unless they consent to disclosure or are subpoenaed for specific reasons.