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Rule: 37.98.315 Prev     Up     Next    
Rule Title: CONFIDENTIALITY OF RECORDS AND INFORMATION
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Department: PUBLIC HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Chapter: OUTDOOR BEHAVIORAL PROGRAM
Subchapter: Administrative Provisions
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.98.315    CONFIDENTIALITY OF RECORDS AND INFORMATION

(1) All records maintained by a program and all personal information made available to a program pertaining to an individual youth must be kept confidential, and are not available to any person, agency or organization except as specified in (2) through (4) .

(2) All records pertaining to an individual youth are available upon request to:

(a) the youth's parent, guardian, legal custodian, or attorney absent specific and compelling reasons for refusing such records;

(b) a court with continuing jurisdiction over the placement of the youth or any court of competent jurisdiction issuing an order for such records;

(c) a mature youth to whom the records pertain, absent specific and compelling reasons for refusing specific records; or

(d) an adult who was formerly the youth in care to whom the records pertain, absent specific and compelling reasons for refusing such records.

(3) All records pertaining to individual youth placed by the department are available at any time to the department or its authorized representatives.

(4) Records pertaining to individual youth not placed by or in the custody of the department must be available to the department for the purposes of licensing, relicensing or investigating the program.

History: Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA; NEW, 2004 MAR p. 1960, Eff. 8/6/04.


 

 
MAR Notices Effective From Effective To History Notes
8/6/2004 Current History: Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA; NEW, 2004 MAR p. 1960, Eff. 8/6/04.
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