Section 6-B441. CONFIDENTIALITY

 

441.1Unless publicly available, all records received pursuant to this chapter shall be confidential and are for the exclusive use of making a suitability determination.  The records shall not be released or otherwise disclosed to any person except when:

 

(a)   Required to carry out the application process, including any appeals to the Commission;

 

(b)   Requested by the Mayor, or his or her designee, for the purpose of an official inspection or investigation, including investigations related to litigation initiated against the District of Columbia;

 

(c)   Ordered by a court;

 

(d)   Authorized by the written consent of the individual being investigated; or

 

(e)Utilized for a corrective, adverse, or administrative action in a personnel proceeding including but not limited to, disciplinary actions under Chapter 16 of these regulations. 

 

441.2Any individual who discloses confidential records that were received in accordance with the Child and Youth, Health and Safety Omnibus Amendment Act of 2004, is subject to criminal penalties including a fine of no more than one thousand dollars ($1,000), imprisonment for not more than one hundred and eighty (180) days, or both.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor’s Order 2007-95, dated April 18, 2007; Mayor’s Order 2012-84, dated June 18, 2012; and in accordance with the provisions of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); and Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), (11) (2012 Repl.)).

source

Final Rulemaking published at 62 DCR 13820 (October 23, 2015).