442.1 Unless 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:

1. (a) Required to carry out the application process, including any appeals to the Commission;
2. (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;
3. (c) Ordered by a court;
4. (d) Authorized by the written consent of the individual being investigated; or
5. (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.

442.2 Any 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.

SOURCE: Final Rulemaking published at 62 DCR 13820 (October 23, 2015); as amended by Final Rulemaking published at 67 DCR 10946 (September 11, 2020).