20.9.607    CONFIDENTIALITY, DISPOSITION, AND DISSEMINATION OF RECORDS AND INFORMATION

(1) Records maintained by a facility may be released to the following:

(a) the youth court and its professional staff;

(b) representatives of any agency providing supervision and having legal custody of a youth;

(c) any other person, by order of the court, having a legitimate interest in the case or in the work of the court;

(d) any court and its probation and other professional staff or the attorney for a convicted party who had been a party to proceedings in the youth court when considering the sentence to be imposed upon the party;

(e) the county attorney;

(f) the youth who is the subject of the report or record, after emancipation or reaching the age of majority;

(g) a member of a county interdisciplinary child information team formed under 52-2-211, MCA, who is not listed in this rule;

(h) members of a local interagency staffing group provided for in 52-2-203, MCA;

(i) persons allowed access to the records referred to under 45-5-624, MCA;

(j) persons allowed access under 42-3-203, MCA; and

(k) the licensing specialist for purposes of licensing only. The licensing specialist shall keep confidential any information identifiable to a particular youth.

(2) Facility record keeping must meet state and federal records requirements, and facility policy must provide:

(a) an orderly system of recording, managing and maintaining youth records;

(b) that all electronic or paper records are marked confidential and kept in secure files to safeguard against unauthorized or improper use or disclosure; and

(c) for an admittance form as detailed in ARM 20.9.619.

(3) Each facility must remove and destroy all Department of Corrections and Youth Court records from a youth's file when the youth reaches the age of 18. All detention facility documents may be kept according to facility policy in accordance with 41-5-216, MCA.

History: 41-5-1802, MCA; IMP, 41-5-216, 41-5-1802, MCA; NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05; AMD, 2011 MAR p. 570, Eff. 4/15/11.