# COMAR Title 16 — Department of Juvenile Services ## Subtitle 03 — Records and Meetings ### Chapter 01 — Youth Records **Authority:** Human Services Article, §9-204, Annotated Code of Maryland **Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Individual Case Records. *COMAR 16.03.01.01* A. Required. Each facility or other program to which a youth is principally assigned shall maintain a case record for each youth assigned to that program. B. Contents. The case record shall include: (1) Identifying information about the youth and the youth's parents, guardians, or care-givers; (2) A recent photograph of the youth; (3) Prior placement information; (4) A treatment service plan adopted under Courts and Judicial Proceedings Article, §3-8A-20.1, Annotated Code of Maryland; (5) Documentation of services provided during the youth's detention or commitment; (6) Documentation of services provided or offered to the youth in the community; (7) Written reports about the youth; (8) Health records, including health, mental health, substance abuse, and other evaluations of the youth, including suicide risk; (9) Educational records; (10) Legal documents; (11) Classification and assessment documents; (12) A discharge plan that specifies the required level of supervision and services; (13) Disciplinary incident documentation; and (14) Progress notes. C. Retention Period. The Department shall retain the case record for each youth in accordance with its most currently approved records retention schedule. #### Regulation .02 Program Register. *COMAR 16.03.01.02* A. Required. Each facility or other program shall maintain a register of each youth admitted to the program. B. Contents. The register shall include each youth's: (1) Name; (2) Sex; (3) Date of birth; (4) County of residence; (5) Court status; (6) Date of admission and then-anticipated date of discharge; and (7) Date of discharge. #### Regulation .03 Closure of Private-Sector Program. *COMAR 16.03.01.03* The Department shall require that, if a private-sector program closes, all case records and all other records concerning particular youth are: A. Returned to the Department; or B. Retained securely until their destruction is ordered or required by the Department. #### Regulation .04 Change in Provider. *COMAR 16.03.01.04* The Department shall require that, if there is a change in the private-sector provider operating a program, the former provider turn over all case records and other records concerning particular youth to the Department or to the new provider. #### Regulation .05 Destruction of Records. *COMAR 16.03.01.05* The Department and each program may destroy records only in a manner that: A. Preserves their confidentiality; and B. Is consistent with State law and policy on records retention and destruction. ### Chapter 02 — Records Security and Confidentiality **Authority:** Human Services Article, §§9-204 and 9-219; Courts and Judicial Proceedings Article, §3-8A-27; Annotated Code of Maryland **Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 In General. *COMAR 16.03.02.01* All records and other information kept by the Department or any program about any youth shall be maintained and properly secured to preserve their confidentiality. #### Regulation .02 Release Restricted. *COMAR 16.03.02.02* An employee of the Department or of any program, public or private, may not disclose or knowingly allow the disclosure of any confidential record or information to any person except in accordance with law. #### Regulation .03 Policies. *COMAR 16.03.02.03* A. In General. The Secretary shall issue policies, as appropriate, to ensure that all records and other information are maintained in a secure fashion to prevent loss, destruction, or unauthorized access. B. Elements. Policies under §A of this regulation shall, at a minimum: (1) Identify the staff positions responsible for the custody and maintenance of records and information; (2) Warn all employees of the Department and of all private-sector providers that they may not disclose or knowingly permit the disclosure of any confidential record or information to any unauthorized person; and (3) Establish procedures to monitor and track access to all records and information. ### Chapter 03 — Inspection and Copying under Public Information Act **Authority:** Human Services Article, §9-204; State Government Article, §§10-613(b) and 10-621; Annotated Code of Maryland **Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Purpose. *COMAR 16.03.03.01* This chapter sets out the procedures for filing requests with the Department for the inspection and copying of records under the Public Information Act. It is the Department's policy to facilitate access to public records by minimizing costs and time delays to persons requesting information. #### Regulation .02 Definitions. *COMAR 16.03.03.02* A. In this chapter, the following words have the meanings indicated. B. Terms Defined. (1) “Act” or “Public Information Act” means State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland. (2) “Applicant” means a person who asks to inspect a public record. (3) “Custodian” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland. (4) “Official custodian” means, unless otherwise provided by law, the Secretary. (5) “Public record” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland. #### Regulation .03 Who, When, and Where. *COMAR 16.03.03.03* A. Who May Request. Any person may request to inspect or copy a public record that is in the Department's custody and control. B. Time of Inspection. An applicant may inspect a public record during the Department's normal working hours. C. Place of Inspection. The inspection shall take place where the document is located unless, after taking into account the applicant's wishes, the custodian determines that another place is more suitable and convenient. #### Regulation .04 Records Designated for Immediate Inspection. *COMAR 16.03.03.04* A. Secretary to Consider Designation. From time to time, the Secretary shall consider whether to designate specific types of public records to be made immediately available for inspection, without need for a written request. B. List of Designated Records. The Secretary shall maintain and make available to custodians a current list of the types of public records that the Secretary has designated under §A of this regulation. #### Regulation .05 Request to Inspect. *COMAR 16.03.03.05* A. In General. (1) Except as provided in §A(2) of this regulation, a request to inspect a public record shall be made in writing. (2) A request need not be in writing if: (a) The record is of a type listed by the Secretary under Regulation .04B of this chapter; or (b) The custodian waives the requirement for a written request. B. Contents of Written Request. A written request shall: (1) Reasonably identify, by brief description, the record sought; (2) Contain the applicant's name, address, and telephone number, as needed for the purpose of contacting the applicant; and (3) Be signed by the applicant. C. Filing Written Request. The applicant shall address a written request to the custodian of the record sought. #### Regulation .06 Response to Written Request. *COMAR 16.03.03.06* A. In General. Within the time limits and in the manner prescribed by the Act, a custodian shall respond in writing to a written request as provided in this regulation. B. If Respondent Not Custodian. If the person to whom the request is made is not the custodian of the requested records, the person shall so notify the applicant as provided in State Government Article, §10-614(a), Annotated Code of Maryland. C. If Record Does Not Exist. If the person to whom the request is made determines that the record does not exist, the person shall so notify the applicant as provided in State Government Article, §10-614(a), Annotated Code of Maryland. D. If Respondent is Custodian. If the person to whom the request is made is the custodian of the requested records, the custodian shall: (1) Grant the application, in whole or in part, in accordance with State Government Article, §§10-614(b) and 10-620, Annotated Code of Maryland; (2) Deny the application, in whole or in part, as required or authorized by State Government Article, §§10-615—10-618, Annotated Code of Maryland, and these regulations, in accordance with State Government Article, §10-614(b), Annotated Code of Maryland; or (3) If the official custodian believes that inspection would cause substantial injury to the public interest, deny inspection temporarily and seek court approval in accordance with State Government Article, §10-619, Annotated Code of Maryland. #### Regulation .07 Notice to Persons Affected by Disclosure. *COMAR 16.03.03.07* A. Notice. Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made. B. Consideration of Views. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant. However, the custodian may not deny disclosure except as authorized and for the reasons given in the Act or this subtitle. #### Regulation .08 Review of Denial. *COMAR 16.03.03.08* A. Right to Review. Except for a temporary denial under State Government Article, §10-619, Annotated Code of Maryland, if a written request is denied by the custodian, the applicant may: (1) Within 30 days after receiving notice of the denial, request an administrative hearing under State Government Article, §10-622, Annotated Code of Maryland; or (2) File an action in circuit court under State Government Article, §10-623, Annotated Code of Maryland. B. Conduct of Administrative Hearing. If the applicant requests an administrative hearing, the hearing shall be conducted as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 16.02. C. Judicial Review. If the hearing results in a total or partial denial of the written request, the applicant may file an action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland. #### Regulation .09 Fees. *COMAR 16.03.03.09* A. In General. (1) Except as otherwise provided in this section, the fee schedule for copying and certifying copies of records is as provided in this regulation. (2) If the fee for a copy, printout, photograph, or certification of any record is specified by other law, the specified fee governs over the fees in this regulation. (3) No fee may be charged if the total amount accrued under the fee schedule is $1 or less. B. Search and Preparation Time. (1) Except as provided in §B(2) of this regulation, the Secretary may establish and charge a reasonable fee for: (a) Time spent searching for requested records; and (b) Time spent preparing records for inspection and copying. (2) No fee may be charged for the first 2 hours needed to search for a record and prepare it for inspection. C. Photocopying. If the copying is done on a machine that belongs to the Department, the charge is: (1) 25 cents a page; plus (2) For any copying that requires more than 10 minutes of an employee's time, commensurate with that employee's rate of compensation for the time spent. D. Other Reproductions. (1) For records that are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be the actual cost, determined on a case-by-case basis. (2) If the custodian is unable to copy a record within the Department, the custodian shall arrange for the prompt reproduction of the record at other public or private facilities. The charge for reproducing the record will be the actual cost, determined on a case-by-case basis. E. Certification of Copies. For certifying a record as being a true copy of the original, the fee is $1 for each certification. F. Cost Estimates. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain the applicant's agreement to pay the cost. The custodian may require the applicant to prepay the estimated cost by cash or certified check. G. Waiver or Reduction. On an applicant's request, the custodian may waive or reduce any fee imposed under this regulation if, after considering the applicant's ability to pay and other relevant factors, the custodian determines that the waiver or reduction is in the public interest. H. Postage or Delivery Costs. If the applicant requests that copies be mailed or delivered, the custodian may charge the applicant for the cost of postage or delivery. ### Chapter 04 — Correction of Personal Records **Authority:** Human Services Article, §9-204; State Government Article, §10-625; Annotated Code of Maryland **Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Purpose. *COMAR 16.03.04.01* This chapter sets out procedures for requesting the correction of personal records under State Government Article, §10-625, Annotated Code of Maryland. #### Regulation .02 Definitions. *COMAR 16.03.04.02* A. In this chapter, the following words have the meanings indicated. B. Terms Defined. (1) “Custodian” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland. (2) “Personal record” has the meaning stated in State Government Article, §10-624, Annotated Code of Maryland. (3) “Person in interest” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland. #### Regulation .03 Request Authorized. *COMAR 16.03.04.03* A person in interest may request the Department to correct inaccurate or incomplete information in any public record of the Department that the person in interest is authorized to inspect. #### Regulation .04 Form and Contents of Request. *COMAR 16.03.04.04* A. Form. The request shall be: (1) In writing; and (2) Filed with: (a) The custodian of the record; or (b) If the custodian is unknown to the person in interest, the Secretary. B. Contents. The request shall: (1) Contain the name, address, and telephone number of the person requesting the correction; (2) Identify the personal records sought to be corrected; (3) Specify the precise correction sought; and (4) State the reason for the correction. #### Regulation .05 Return of Incomplete Request. *COMAR 16.03.04.05* If a request does not reasonably comply with Regulation .04 of this chapter, it shall be returned to the person with an explanation of the reason for the return and a statement that, on completion, it may be refiled with the Department. #### Regulation .06 Response to Request. *COMAR 16.03.04.06* A. In General. Within 30 days after receiving a request that complies with Regulation .04 of this chapter, the custodian shall: (1) Make or refuse to make the requested correction; and (2) Notify the person in writing of the action taken. B. If Refused. (1) If the custodian refuses to make the requested correction, the notice shall inform the person of the reason for the refusal. (2) The notice shall specify whether the refusal is because: (a) The person is not a person in interest; (b) The records sought to be corrected are not personal records; (c) The records sought to be corrected are not of the type the person is authorized to inspect; (d) The records are correct as they stand; or (e) Of any other reason authorized by law. #### Regulation .07 Statement of Disagreement. *COMAR 16.03.04.07* A. In General. On receipt of a refusal under Regulation .06B of this chapter, the person in interest may submit to the custodian a concise statement of the reasons for: (1) The requested correction; and (2) The person's disagreement with the refusal to make the correction. B. Form of Statement. (1) The statement of disagreement may not exceed five pages. (2) The pages may not exceed 81/2" × 11" each. (3) Only one side of a page may be used for the statement. #### Regulation .08 Information Provided Third Parties. *COMAR 16.03.04.08* When the Department discloses to a third party information about which a statement of disagreement has been filed in compliance with Regulation .07 of this chapter, a copy of the statement shall also be provided to that third party. #### Regulation .09 Administrative Review. *COMAR 16.03.04.09* A. Authorized. A person may seek administrative review of: (1) A denial of the person's request under this chapter to correct a record; (2) A denial of the person's right to submit a statement of disagreement; or (3) A failure to provide a copy of a statement of disagreement to a third party, as required by Regulation .08 of this chapter. B. Time for Requesting. A request for administrative review shall be filed within 30 days of the date the person first learns of the denial or failure in question. C. Proceedings. The administrative review shall be conducted as provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 16.02. ### Chapter 05 — Information Technology **Authority:** Human Services Article, §9-204, Annotated Code of Maryland **Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 In General. *COMAR 16.03.05.01* The Department shall develop and maintain an information support system designed to serve the Department's data needs for administration, research, evaluation, and planning. #### Regulation .02 Database Access. *COMAR 16.03.05.02* A. In General. The Department shall require that each public-sector and private-sector program be capable of accessing the Department's information support system. B. Security. Links among computer systems shall: (1) Comply with all federal and State requirements; and (2) Be designed to prevent unauthorized access to confidential records. #### Regulation .03 IT Unit Functions. *COMAR 16.03.05.03* A. State-Operated Programs. The Department's Information Technology Unit is responsible for the installation and maintenance of computer hardware and software for all State-operated facilities and other programs. B. Private-Sector Providers. (1) The Department's Information Technology Unit may: (a) Assist private-sector providers in having their local area networks connected to the information support system; and (b) Provide training for the entering of data into the system. (2) Additional equipment costs, including personal computers that meet the Department's specifications, may be the responsibility of the provider. #### Regulation .04 Program Staff Functions. *COMAR 16.03.05.04* A. In General. All youth-related data, from time of admission to discharge, shall be entered into the information support system in a timely and accurate manner. B. Data to be Entered. The data to be entered shall be as specified by the Department. ### Chapter 06 — *Vacant* ### Chapter 07 — Open Meetings **Authority:** Human Services Article, §9-204; State Government Article, §10-507(b); Annotated Code of Maryland **Administrative History:** Effective date: June 18, 2007 (34:12 Md. R. 1067) #### Regulation .01 Definition. *COMAR 16.03.07.01* A. In this chapter, the following term has the meaning indicated. B. Term Defined. “Board” means: (1) The State Advisory Board for Juvenile Services; and (2) Any other board, commission, or entity of the Department that is a public body, as that term is defined in State Government Article, §10-502, Annotated Code of Maryland. #### Regulation .02 Public Attendance and Observance Allowed. *COMAR 16.03.07.02* At any open session of a board, the general public is invited to attend and observe. #### Regulation .03 Public Participation Limited. *COMAR 16.03.07.03* A member of the public attending an open session may not participate in the session except to the extent: A. The Board expressly invites or allows public testimony, questions, comments, or other forms of public participation; or B. A person is entitled by law to participate. #### Regulation .04 Disruptive Conduct Prohibited. *COMAR 16.03.07.04* A. In General. A person attending an open session of a board may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that: (1) Disrupts the session; or (2) Interferes with the public's right to attend and observe the session. B. Enforcement. If any person persists in conduct prohibited by §A of this regulation or violates any other regulation concerning the conduct of the open session, the presiding officer may: (1) Order the person to be removed from the session; (2) Request police assistance to restore order; and (3) Recess the session until order is restored. #### Regulation .05 Recording, Photographing, or Broadcasting. *COMAR 16.03.07.05* A. Authorized Generally. A member of the public, including a representative of the news media, may record, photograph, videotape, broadcast, or televise the proceedings of an open session by means of a tape recorder, camera, or other device or equipment, if the device or equipment: (1) Is operated without excessively bright artificial light that disturbs board members or other individuals attending the session; (2) Does not create an excessive noise that disturbs board members or other individuals attending the session; and (3) Does not otherwise: (a) Disrupt the session; or (b) Interfere with the public's right to attend and observe the session. B. Restricted Movement. (1) If necessary to maintain the orderly conduct of the session, the presiding officer may restrict the movement of the person who is using a recording device, a camera, or broadcasting or televising equipment. (2) If the person refuses to comply or otherwise persists in conduct prohibited by this regulation or any other regulation concerning the conduct of the open session, the presiding officer may take action as authorized in Regulation .04B of this chapter. #### Regulation .06 Recordings Not Part of Record. *COMAR 16.03.07.06* Neither a recording of an open session made by a member of the public nor a transcript derived from this recording is considered a part of the record of any proceeding of the board.