Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 110 - Division of Youth Services › Chapter 2 - Classification Services and Residential Care › Section 13 CSR 110-2.140 - Confidentiality of Case Records

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment provides more specific
				  information as well as clear instructions and limitations for division
				  personnel to follow when responding to records requests.
(1) Except as otherwise provided in this
				regulation, information contained in the records of the division relating to
				any youth committed to it shall be confidential.
(2) Authorized Disclosures.
(A) The parents or legal guardians of a youth
				committed to the division shall be entitled to full disclosure of all
				information and records pertaining to the youth, unless otherwise specifically
				restricted by law. Any youth who was formerly committed to the division may
				request a copy of his or her records upon reaching the age of eighteen (18)
				years. The division may require the request be made in writing and shall
				require proof of the requester's identity by either the presenting of a photo
				identification card or a notarized request before any such records are
				released. Fees for such copies may be levied in accordance with
				13
				CSR 5-1.030.
(B) Inquiries from the Social Security
				Administration. Information pertaining to a youth previously or currently
				committed to the division who has or may receive Social Security benefits may
				be disclosed in response to inquiries of the Social Security Administration
				(SSA) regarding establishment or maintenance of those benefits. Responses to
				inquiries of the SSA pursuant to this section shall not require a written
				authorization from the youth or, where applicable, the parent or legal guardian
				thereof, permitting the disclosure of confidential information to the
				SSA.
(C) Release of Information to
				Law Enforcement. Information pertaining to a youth may only be released to law
				enforcement pursuant to the provisions of section (4) below with the following
				exceptions: The Director of the Division of Youth Services (DYS), in his or her
				sole discretion, is authorized to release to appropriate law enforcement
				personnel information concerning a youth when the director determines that the
				information involves a matter of public safety to include, but not necessarily
				limited to: maintaining security in DYS facilities, protecting the safety of
				other youth within DYS facilities, the commission of a crime, a credible threat
				to commit a criminal offense, or to assist in the location and return of a
				missing or runaway youth.
(D)
				Release of Information to Medical Service Providers. The Division of Youth
				Services shall have full authority to release information to individuals and
				entities who need the information to provide services to or on behalf of a
				youth in DYS custody, or a DYS staff member to include, but not be limited to:
				first responders, medical care providers, mental health care providers, dental
				care providers, and other persons providing medical or mental health care for a
				youth.
(E) Release of Information
				to Educational Institutions. The Division of Youth Services shall have full
				authority to release information to individuals and entities with a need for
				the information to provide educational services for a youth.
(F) Release of Information to Emergency
				Personnel in a Medical or Natural Disaster Emergency. The Division of Youth
				Services shall have full authority to release information to individuals and
				entities who have a need for the information in order to provide emergency care
				for the youth in the event of a medical or natural disaster.
(G) Judicial Proceedings. The division may
				release any record or information pursuant to an order of a court of competent
				jurisdiction as may be authorized by this regulation or otherwise specifically
				authorized by law, including any verbal order issued by a judge directing the
				release of the record or information during a court hearing.
(H) Regulatory Oversight. The division may
				release any record or information deemed necessary to complete an audit or
				other regulatory oversight inspection required by state or federal
				law.