Current through 2024-51, December 18, 2024
Section 148-201-XII - RELEASE OF INFORMATION BY THE DEPARTMENTA. The Department will use reasonable efforts to respond to inquiries from persons who have reason to believe that they may be named as substantiated or indicated in child abuse or neglect case records. The Department shall develop an appropriate form for use by persons who wish to make such a request. The Department shall not use a person's request for any purpose other than to process that request. The Department may discontinue responding to these requests if it becomes unduly burdensome or if it interferes with the Department's responsibilities to provide reviews under these rules to persons who are substantiated or indicated after the effective date of these rules.B. If the Department releases any information regarding a substantiation or indication to any person outside of the Department or the Office of the Attorney General, and excepting any information provided pursuant to a subpoena or court order or a specific release from the person against whom the finding was made (1) while an appeal is pending under this rule, (2) before the expiration of the appeal period provided for in these rules, or (3) after an appeal has been dismissed without prejudice pursuant to Section II. A. and the other proceeding that caused the dismissal is still pending, then the Department shall include with the information provided a statement that the finding may be subject to administrative review by the Department at the appellant's request.C. If a person is indicated and not substantiated, the Department shall respond to any request for a check of child protective history relating to that person by stating that the person has not been substantiated for abuse or neglect, and shall give no further information unless otherwise required by law.10-148 C.M.R. ch. 201, § XII