9 CAR § 40-207. Official record keeping — Access to official records

(a)(1) The official record of child welfare information for the Division of Children and Family Services is maintained through the division information management system. (2) The division information management system is a fully automated, worker-based child welfare information system. (b)(1) The division information management system is overseen by the Department of Human Services Office of Information Technology . (2) The Department of Human Services Office of Information Technology is responsible for: (A) Enhancements to the division information management system application; (B) Data monitoring; (C) Help desk function; and (D) Some specialized training. (c)(1) In instances when information is not able to be entered into the division information management system, some hard copies (including but not limited to, forms with signatures, medical records, or education records) are also considered part of the official record. (2) A hard copy file of case information will be maintained for data not in the division information management system. (3) Hard copy files will be created, if necessary for case review. (d) Division employees with access to the division information management system are prohibited from accessing or viewing any information regarding investigative reports or open cases to which he or she is not assigned unless: (1) Permission from their supervisor is granted to view the information; or (2) The employee is the supervisor for that report or open case. (e)(1) This prohibition extends to any division employee or provider with access to the division information management system who is a “subject of the report” as defined in the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq. (2) This part holds regardless of whether the information is restricted or not to the division employee or provider. (f) The division supervisors are prohibited from accessing or viewing investigative report or open case information in the division information management system if the interest in the report or case is personal (that is, not professionally related). (g) The division employees and providers are also prohibited from accessing or viewing any information in the division information management system if the interest in the investigation or case is personal (including but not limited to, a friend, family member, or present or former colleague is involved in the report or case). (h) Record retention schedule. (1) Retain all information in the automated division information management system indefinitely to assist the division in assessing future risk and safety. (2) Records of all cases where allegations are determined to be true shall be retained by the Child Maltreatment Central Registry and all records with true determinations shall be retained forever. (3)(A) Records of unsubstantiated reports are not part of the Child Maltreatment Central Registry. (B) They will be destroyed by the investigating agency at the end of the month in which the determination is made. (4) Records of all cases where allegations are determined to be unsubstantiated shall not be included in the Child Maltreatment Central Registry. (5)(A) Retain all in-home services, differential response, permanency services, and prevention services records for five (5) years after the youngest child turns twenty-one (21) years old. (B) Retain all other client files for five (5) years after: (i) The file is closed; or (ii) The last case activity. (6) Retain all resource family and adoptive applicant files that are denied for three (3) years from the date that the applicant is informed of the decision. (7) Retain all resource family and adoptive applicant files where no decision is rendered due to incomplete process for three (3) years from the date of the last documented communication with the applicant. (8) Retain all adoption records for ninety-nine (99) years. (9)(A) Retain all rules until superseded. (B) Superseded rules must be retained on an as-needed basis. (10) Retain all records relating to a person or entity contracting with the division for five (5) years after the contract ends or is terminated. (11) Retain all administrative records including programmatic financial records for five (5) years after the end of the biennium in which the records were produced.