(a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents, guardians, caretakers or custodians which are maintained and controlled by the Department of Health and Social Services. (b) The Department shall have the discretion to release information from its records to public and private agencies if it determines that such release will serve the best interest of children in its care. (c) The Department shall cause to be submitted to the State Bureau of Identification (SBI) information as may be required to comply with federal laws and regulations relating to background checks for the purchase and transfer of firearms. The information must include only names and other nonclinical identifying information. The SBI shall transmit the information, as may be required by law, to the FBI for use in its National Instant Criminal Background Check System (NICS). (d) In releasing the aforementioned records pursuant to this section, the Department and the Department of Health and Social Services and their employees shall have immunity from any civil or criminal liability. (e) This section shall not be construed to override any confidentiality provisions provided under state or federal law which govern any records in the control of the Department of Health and Social Services, including but not limited to, the following statutes: §§ 157, 702, 1121(b)(9) and 5161(a)(7) of Title 16; and § 2802 of Title 31.
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