Indiana Supreme Court: No Private Liability for DCS in Releasing Confidential Identifying Information

Indiana Supreme Court: No Private Liability for DCS in Releasing Confidential Identifying Information

We revisit John Doe #1 v. DCS, in which the court of appeals majority had ruled that a person who reported suspected child neglect and whose identifying information was negligently disclosed in violation of an Indiana statute could bring suit against DCS. In this installment, we look at yesterday's decision from the Indiana Supreme Court, wherein the majority held that no claim could be made against DCS.

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Can Indiana Department of Child Services Be Liable for Disclosing Confidential Identification Information?

Can Indiana Department of Child Services Be Liable for Disclosing Confidential Identification Information?

This week we examine whether a statute that makes the identity of persons reporting child abuse confidential can be used to hold the department of child services liable where it inadvertently discloses that information. We also examine whether there might be other ways to hold the DCS liable.

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