(1) All records maintained by a program and all personal information made available to a program pertaining to a program participant must be kept confidential and are not available to any person, agency, or organization except as specified in (2) and (3).

(2) All records pertaining to a program participant are available upon request to:

(a) the program participant's parent/legal guardian or attorney absent specific and compelling reasons for refusing such records;

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

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

(d) an adult who was formerly the program participant in care to whom the records pertain.

(3) Records pertaining to program participants must be available to the department for the purposes of licensing, relicensing, or investigating a complaint of the program.

(4) Necessary information pertaining to the program participant must be disclosed when program staff are following mandatory reporting requirements as outlined in this rule and within the scope of an individual's license.