Md. Code Regs. 16.17.01.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 16.17.01.05 - Information Reporting and Confidentiality

A. Information Reporting to the Department.

(1) For each Department client on informal supervision, protective supervision, probation, or aftercare status who is referred by the Department to the bureau, the bureau shall allow the Department access to the client's information and shall provide the Department confirmation of the acceptance of the client by the bureau. The bureau shall keep the Department informed at reasonable intervals to be determined by the Department of the client's attendance and cooperation in the bureau program.

(2) For all formal counseling cases, excluding those clients referred by the Department, the bureau shall provide the Department with the first three initials of the client's surname, the initials of the client's first and middle names, and the client's date of birth. The bureau shall inform their formal counseling cases that the information in this subsection shall be provided to the Department.

(3) The bureau shall obtain an appropriate release of information to comply with §A(1) and (2) of this regulation.

(4) For all bureau clients not covered by §A(1) or (2) of this regulation, the bureau shall provide non-client-identifying information, as requested, regarding program activities and statistics in the form and format approved or provided by the Department.

B. Confidentiality of Records.

(1) Bureau case records shall be stored inside a locked file cabinet. The case records shall be supervised and controlled directly by an authorized bureau staff member.

(2) A bureau shall allow the Department full access to client-identifying records and files of those youth described in §A(1) of this regulation.

(3) Unless otherwise provided by law or regulation, access to client-identifying records and files without consent of the client shall be restricted to:

(a) The youth who is subject of the record;

(b) The parent or guardian of the youth named in the record; and

(c) Members of the administrative staff of the bureau.

(4) A bureau may maintain its case records in a manner that codes client-identifying information as specified in §A(2) of this regulation.

(5) Individual case records shall be retained by a bureau for 5 years after services to the individual are no longer necessary. The records then shall be destroyed by incineration or shredding.

(6) Nothing in this regulation shall be construed to affect any obligation concerning client record confidentiality that is otherwise set out in any federal or State statute or regulation.

Md. Code Regs. 16.17.01.05

Regulations .05 adopted effective December 6, 1993 (20:24 Md. R. 1865)