110 C.M.R. 12.10 – Release of Information - Non-litigation

(1) Unless specifically governed by another provision in 110 CMR 12.10, all records held by the Department about a person are available to that person, with all third-party identifiers redacted, except for identifiers of third parties who are employees or providers of the Department, which shall not be redacted.
(2) Parent(s) may have access to their minor child's records until the child reaches 18 years of age. After a child reaches 18 years of age, parent(s) do not have access to their child's records without the child's consent.
(3) In order to obtain records, an individual must file a written request directed to the Area or Regional Director where the records are located. (In the event of uncertainty, such a written request may be directed to either). Fees for copying records shall be charged in accordance with the Department's fee schedule.
(4) Before releasing said record(s), a member of the Department's legal staff shall review the record(s), and remove any records of attorney-social worker conversations which may be considered attorney work product and/or privileged.
(5) Whenever the Department has reason to believe that disclosure to any requesting individual of all or a portion of the Department's records would be contrary to a child's best interests, the Department shall deny access and shall furnish to the requesting individual a written explanation of the reason(s) for denying access.
(6) Whenever the Department releases any copy of a 51A report or 51B investigation, the name of (and any other reasonably identifying data concerning) the reporter shall be redacted.