(1) When reviewing and discussing an individual child welfare case: (a) the committee: (i) shall close the committee's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act; (ii) shall make reasonable efforts to identify and consider the concerns of all parties to the case; and (iii) may not make recommendations to the court, the division, or any other public or private entity regarding the disposition of an individual child welfare case; (b) a record of the committee regarding an individual child welfare case: (i) is classified as private under Section 63G-2-302; and (ii) may be disclosed only in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act; and (c) any documents received by the committee from the Division of Child and Family Services shall maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by the Division of Child and Family Services. (2) When reviewing information subject to a confidentiality agreement: (a) the committee shall close the committee's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act; (b) a record of the committee regarding the information: (i) is classified as private under Section 63G-2-302; and (ii) may be disclosed only in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act; and (c) any documents received by the committee when reviewing the information shall maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by the government entity providing the documents. (3) (a) The committee may close a committee meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act, if the committee is reviewing a matter subject to litigation or a whistleblower complaint. (b) If the meeting is closed under Subsection (3)(a): (i) the record of the committee related to the matter subject to litigation or whistleblower complaint: (A) is classified as private under Section 63G-2-302; and (B) may be disclosed only in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act; and (ii) any documents or materials received by the committee when reviewing the matter subject to litigation or whistleblower complaint shall: (A) except as provided in Subsection (3)(b)(ii)(B), be classified as private; or (B) maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by a government entity providing the documents or materials.
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