Section 2-1515.06 - Confidentiality of youth records(a)(1) Records pertaining to youth who are currently in or were previously in the custody of the Department or contract providers shall be privileged and confidential and shall be released only in accordance with this subsection.(2) Juvenile case records shall be released only to persons and entities permitted to inspect those records under § 16-2331 and in accordance with the procedures governing the release of records under that section.(3) Juvenile social records shall be released only to persons and entities permitted to inspect those records under § 16-2332 and in accordance with the procedures governing the release of records under that section.(4) Law enforcement records shall be released only to person and entities permitted to inspect those records under § 16-2333 and in accordance with the procedures governing the release of records under that section.(5) All other Department records pertaining to youth who are currently in or were previously in the custody of the Department shall be released only to persons and entities permitted to inspect juvenile social records under § 16-2332 and in accordance with the procedures governing the release of records under that section.(b) Notwithstanding the confidentiality requirements of this section, the Mayor may establish rules for the disclosure of electronic Department data to other District government agencies statutorily charged with the care, treatment, and rehabilitation of youth in the District's custody for purposes of coordination care, treatment, and rehabilitation services for youth and Department tracking and trending reports; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated in this subsection.(c) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Mayor, or the Mayor's designee, any member of the Council, the Office of the Attorney General, the District of Columbia Auditor, and the District of Columbia Inspector General shall be permitted to obtain the records pertaining to youth who are currently in or were previously in the custody of the Department regardless of the source of the information contained in those records, when necessary for the discharge of their duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.(d) Notwithstanding the confidentiality requirements of this section, or any other provision of law, a law enforcement officer may obtain records pertaining to youth who are currently or were previously in the custody of the Department, other than juvenile case records, as that term is defined in D.C. Official Code § 16-2331(a), and juvenile social records, as that term is defined in D.C. Official Code § 16-2332(a), for the purpose of investigating a crime allegedly involving a youth in the custody of the Department. The confidentiality of any information disclosed to law enforcement officers pursuant to this section shall be maintained pursuant to D.C. Official Code § 16-2333. (e)(1) The Department shall inform the Attorney General, and the committed youth's counsel, in advance:(A) As soon as is practicable, each time a committed youth is released from a hardware or staff secure facility, regardless of the length of release; and(B) Within 24 hours, each time a committed youth: (i) Escapes from a hardware secure facility or a staff secure facility; or(ii) Absconds from a community placement.(2) This subsection shall not apply to any youth who is committed only for a status offense.(f) Notwithstanding subsection (a)(5) of this section, unless the release of the information is otherwise prohibited by law or the information relates to medical, dental, or mental health appointments, the Attorney General, at the Attorney General's discretion, may disclose information received from the Department pursuant to subsection (e) of this section to: (1) Any victim, any eyewitness, or any duly authorized attorney of any victim or witness;(2) Any immediate family member or custodian of any victim or eyewitness, if the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly authorized attorney of such immediate family member or custodian; or(3) The parent or guardian of the committed youth.(g) Neither the Department's failure to timely inform the Attorney General or committed youth's counsel pursuant to subsection (e)(1) of this section nor the Attorney General's decision to disclose information pursuant to subsection (f) of this section shall serve as the basis for delaying the release of a committed youth from a hardware secure facility or staff secure facility. (h) No person shall disclose, inspect, or use records in violation of this section. A violation of this section shall constitute a violation of D.C. Official Code § 16-2336. Amended by D.C. Law 25-175,§ 4, 71 DCR 002732, eff. 6/8/2024.Amended by D.C. Law 25-410,§ 3, 71 DCR 002693, eff. 3/11/2024, exp. 6/9/2024.Apr. 12, 2005, D.C. Law 15-335, § 106, 52 DCR 2025; Sept. 23, 2009, D.C. Law 18-50, § 2, 56 DCR 5487; Mar. 8, 2011, D.C. Law 18-284, § 2, 57 DCR 10477; Sept. 26, 2012, D.C. Law 19-171, § 21, 59 DCR 6190.