Current through Register Vol. 49, No. 18, September 16, 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.
(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.
*Original authority: 219.061, RSMo 1975, amended
1994.
