2025 Session Last amended: 2025 session

§ 13.821 — Recordings of Child Abuse Victims

Plain-Language Summary

This section limits access to recordings in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of physical or sexual abuse. A person who is a subject of the data cannot obtain a copy of such a recording without a court order. The section does not limit a person's other rights to access data, nor does it block access through discovery in a court proceeding.

Practical Notes
When this applies: Whenever someone who is a subject of the data wants a copy of a recording in which a child is describing alleged physical or sexual abuse. Key point: Even though a person normally has a right to copies of data about themselves, this section requires a court order before they can get a copy of this kind of recording. The definitions of physical and sexual abuse from chapter 260E apply, but here the abuse is not limited to acts by a caregiver or someone in a position of authority. The section does not cut off other access rights or the ability to obtain the recording through discovery in a court case.