# 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.