Section 801G-10 - Disclosure of actual address prohibited; penalty(a) Disclosure by the program of a program participant's actual address shall be prohibited unless required by order of a court. There shall be a presumption that the disclosure of any record of the program constitutes an unwarranted invasion of privacy and any applicant or program participant has a significant privacy interest in any information provided to the program.(b) No court shall order the disclosure of a program participant's actual address unless the court finds by clear and convincing evidence that: (1) The disclosure of the actual address is necessary for a legitimate purpose;(2) The use of the substitute address would unduly frustrate the legitimate purpose; and(3) Taking into consideration the safety of the program participant, there is no reasonable alternative to disclosure of the actual address. The court shall enter into the record written findings and any conditions on the disclosure of the actual address that are necessary to reasonably protect the safety and privacy of the program participant.
(c) Any court order requiring the disclosure of a program participant's actual address shall be stayed for ten days after written legal notice of the order is personally served upon the program participant; provided that if the participant cannot be physically located, service of the notice by certified mail to an agent of the program, in accordance with section 801G-8(a), shall satisfy the requirements of this subsection; provided further that if service of the notice is performed in accordance with section 801G-8(a), the additional time period of five days provided in section 801G-8(b) shall be added to the prescribed ten day time period provided in this subsection.(d) No employee, volunteer, or any person with access to the records of the program or the records of any agency that has received a request from the program participant to use a substitute address shall knowingly disclose any address or telephone number of a program participant other than the substitute address.(e) Any person who violates subsection (d) shall be guilty of a misdemeanor.Added by L 2018, c 115,§ 1, eff. 7/1/2018.