6.2.1 Exceptions to Mandated Reporter Confidentiality

In some instances, the content of the report may require the disclosure of the name of the mandated reporter. However, this can only be done with the reporter’s consent or if the court provides a written notice that the report submitted was false.

Similarly, if there is evidence that the report was not accurate and was submitted in bad faith, the reporter’s identity may be disclosed.

However, these are just exceptions to the rule, which do not change or in any way alter the disclosure responsibilities and obligations under the rules of criminal procedure.

If the reporter’s identity is relevant to criminal prosecution, then district courts can conduct an in-camera review before determining whether the identity of the reporter may be disclosed or not.

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