Section 2207.310  Access to Records

a)         The master record files of youth shall be confidential and access shall be limited to authorized persons.  Youth shall not be permitted access to their master record files except as expressly permitted by law, including this Subpart.

b)         Medical records shall be disclosed to a youth or to his or her authorized agent upon receipt of a written request for the information and a release signed by the youth. 

c)         The medical records of a deceased youth shall be released upon presentment of a certified copy of the death certificate and:

1)         Tender of letters of office and a signed release from the Executor or the Administrator of the person's estate; or

2)         A Durable Power of Attorney for Health Care authorizing the release of the medical records to the agent and a signed release from the authorized agent; or

3)         If no executor, administrator or agent exists:

A)        An authorized relative certification and release signed by the authorized relative; or

B)        A notarized affidavit of heirship  and a release signed by the next of kin.

d)         Personnel of other correctional, welfare, educational or law enforcement agencies may have access to a youth's files, as approved by the Chief Administrative Officer. The use and redisclosure of these files shall be consistent with applicable State and federal laws.

e)         Access to the master record file of a person no longer in custody of the Department shall be provided in accordance with procedures applicable to youth.

f)         The Department may require payment of copying costs for any records produced.