Confidentiality of Case Records

PURPOSE: The purpose of this rule is to regulate the disclosure of information contained in records of the division relating to youths committed to the division. (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. (3) Information pertaining to any youth who was formerly committed to the division may be disclosed to those persons or agencies actively involved in providing care or treatment services to the former client or his/her family provided that a release of information has been signed by the former client’s parent or guardian or the former client. Information pertaining to any youth currently committed to the division may be disclosed to those persons or agencies actively involved in providing care or treatment services to the client or his/her family at the discretion of the division. (A) Inquiries from Elected Officials. Information pertaining to a youth previously or currently committed to the division may be disclosed in response to inquiries of elected officials of the state, or their staff members, submitted to the division on behalf of a constituent residing within the jurisdiction said official represents with the consent of the subject youth, if over the age of eighteen (18) years, or the parent(s)/legal guardian of the subject youth if still a minor. Responses to inquiries of elected officials pursuant to this subsection shall not require a written authorization from the subject youth or his/her parent(s)/legal guardian permitting the disclosure of confidential information to the elected official, but division staff must receive at least a verbal consent to do so from the subject youth, if over the age of eighteen (18) years, or the parent(s)/legal guardian of the subject youth if still a minor, before divulging any case information. For any information obtained from the division under this subsection, elected officials shall be subject to the same disclosure restrictions and confidentiality requirements that apply to the division and shall be notified of such, verbally or in writing, by division staff prior to divulging any requested case information. (B) Documentation Requirements. In the event division staff rely upon the verbal authorization of the subject youth, if over the age of eighteen (18) years, or the parent(s)/legal guardian of the subject youth, if still a minor, to divulge any case information to an elected official under the authority granted above in subsection (3)(A), and/or a verbal notification of the disclosure restrictions and confidentiality requirements incumbent upon receipt of case information required above in subsection (3)(A), division staff shall immediately memorialize such verbal communication(s) in the case file. Such memorialization shall be in the form of a memorandum for record setting forth the date and time of the communication, the name of the individual granting consent and/or receiving the notification, the information authorized to be disclosed and/or the contents of the notification disseminated, the purpose of the disclosure, and the printed name and signature of the staff member making the disclosure and/or notification, as applicable to the case at hand. (4) Youth intake and furlough dates may be shared with law enforcement officials, including juvenile officers and prosecutors, upon request. (5) Subject to the restrictions of applicable law, information contained in the records of the division may be released to any person engaged in bona fide research purpose, with the permission of the division director; provided, however, that no information identifying the youth shall be made available to the researcher, unless the division determines that the identifying information is essential to the research or evaluation and the researcher provides the division adequate assurances that the confidentiality of said information shall be maintained. The division shall require the researcher to execute a confidentiality agreement, complete an Application to Conduct Research/Study form and the researcher shall complete and comply with the terms of the application. AUTHORITY: sections 219.061.3 and 660.017, RSMo 2016.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Feb. 10, 2000, effective Aug. 30, 2000. Amended: Filed March 31, 2017, effective Oct. 30, 2017. *Original authority: 219.061, RSMo 1975, amended 1994 and 660.017, RSMo 1993, amended 1995.