Code of Massachusetts Regulations › 109 CMR - DEPARTMENT OF YOUTH SERVICES › Title 109 CMR 3.00 - Access to All Records of Youth Detained by or Committed to the Department of Youth Services › Section 3.04 - Records of Youth Served by the Department of Youth Services

Current through Register 1525, July 5, 2024
No Youth Records shall be disseminated to anyone other than an authorized Department employee or contracted Provider except as specifically authorized by the Commissioner pursuant to M.G.L. c. 120, § 21, or as follows:
(1) A Youth may obtain a copy of his or her own records by submitting a written request to the Keeper of the Records.
(2) A parent or guardian of a Youth who is currently younger than 18 years old may obtain a copy of the Youth's records by submitting a written request to the Keeper of the Records.
(3) An attorney representing a Youth may obtain a copy of the Youth's records by submitting a written request to the Keeper of the Records, accompanied by authorization from the Youth.
(4) Any person, agency or entity providing services to a Youth may obtain a copy of the Youth's records by submitting a request in writing to the Keeper of the Records, accompanied by authorization from the Client and the Client's legal guardian, if the Client is younger than 18 years old at the time of the request.
(5) Any person, agency or entity empowered by statute, regulation or other applicable law to have access to Personal Data may obtain a copy of a Youth's records by submitting a written request to the Keeper of the Records that sets forth the legal bases and the scope of the authorization permitting the Department to release the records requested.
(6) Any person who presents a written order from a court compelling release of Youth Records to that person may have access to Youth Records subject to the requirements set forth in 109 CMR 3.05.
(7) Any agency authorized by law or ordered by a court to complete a presentence report may have access to Youth Records upon submission of a written request and a copy of any order to the Keeper of the Records.
(8) Law Enforcement agencies, including the District Attorney's Offices, may have access to portions of Youth Records where the information sought is related to the investigation of a crime, or subject to the requirements set forth in 109 CMR 3.05, or as otherwise authorized by law.
(9) Victims of crime may obtain access to such Personal Data of Youth as provided by M.G.L. c. 258B, § 3(t) and c. 6, § 178A.
(10) In the case of a Youth's psychiatric or medical emergency that precludes Youth consent, a physician treating a Youth may obtain medical or psychiatric data in client records if necessary to treat the Youth. As soon as reasonably practical after said emergency, a Youth shall receive notice that his or her information was released for treatment purposes.
(11) As provided for by law, any investigative agent of the Attorney General, State Auditor or the State Ethics Commission acting in furtherance of his or her duties may have access to Youth records to the extent necessary.
(12) Nothing in 109 CMR 3.00 shall preclude the Department from entering into a Memorandum of Understanding or Data Sharing Agreement to allow the sharing of Youth Records pursuant to 101 CMR 16.00:
Personal Data Use and Permitted Disclosures by and among the Executive Office of Health and Human Services and its Agencies
with any other agency or provider regarding:
(a) Eligibility determinations;
(b) Determination of benefit amounts;
(c) Assessment of Youth needs or the provision of services, insofar as the use or disclosure of Personal Data will assist the individual who is the subject of the Personal Data to access needed medical, social, educational, or other services, or will improve the coordination or management of services provided to the individual(s); and
(d) Quality assurance activities.