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Apr. 05, 2006
Copyright © Las Vegas Review-Journal


More access to abuse records

Judge says agencies should reveal information about children's deaths

By LYNNETTE CURTIS
REVIEW-JOURNAL

A Clark County district judge said Tuesday that social welfare agencies should release the birth and death dates of local children who have died or nearly died due to abuse or neglect.

Judge Douglas Herndon also said information about the causes of the children's death and parts of their histories with child welfare agencies should be released.

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But Herndon, citing confidentiality concerns, said the agencies should not release the children's names.

"I don't know that it (the judge's opinion) is a tremendous change," said Deputy District Attorney Elizabeth Vibert. "But it may allow some additional detail."

The county had asked the court for an opinion about what information could and could not be released in certain child welfare cases.

Several news media outlets and children's advocacy groups have requested the identities and causes of death of Clark County children.

Nevada Deputy Attorney General Cynthia Pyzel issued an opinion last month stating that welfare or social services agencies could be subject to penalties if they breach confidentiality requirements under the federal Health Insurance Portability and Accountability Act.

Pyzel said that a child's cause of death and previous involvement with the child welfare system could be made public, but that the child's name, birth and death dates and information about siblings should not.

The court's opinion, aside from the allowance of birth and death dates, mostly mirrors Pyzel's.

Both come as the state completes a review of the cause of 79 child deaths in Clark County between January 2001 and December 2004.

The county had reported 35 children had died because of abuse or mistreatment during the period, but the actual number may have been 114.

A review team and a national consultant examined 79 questionable death cases in March.

State and county officials have said they would like to release more information but can't because of federal laws.

The information Herndon said should be disclosed includes whether a child and his family were previously involved in the child welfare system and the status of the child's case.

State Health and Human Services spokeswoman Annie Uccelli called the release of birth and death dates "a big deal," but said language in the judge's opinion could lead to more uncertainty.

"Should this information be released to the public or just other agencies?" she said. "Are we going to do it automatically or just upon request?"

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