<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 16.17.01.05" title_num="16" subtitle_num="17" chapter_num="01" heading="Information Reporting and Confidentiality.">
  <paragraph num="A.">
    <text>Information Reporting to the Department.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The bureau shall obtain an appropriate release of information to comply with §A(1) and (2) of this regulation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Confidentiality of Records.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A bureau shall allow the Department full access to client-identifying records and files of those youth described in §A(1) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Unless otherwise provided by law or regulation, access to client-identifying records and files without consent of the client shall be restricted to:</text>
      <paragraph num="(a)">
        <text>The youth who is subject of the record;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The parent or guardian of the youth named in the record; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Members of the administrative staff of the bureau.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A bureau may maintain its case records in a manner that codes client-identifying information as specified in §A(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>