1. A. The agency shall:

   1. (1) Maintain records necessary for the proper and efficient operation of the agency in accordance with the agency’s type of license:

      1. (a) Legible; and
      2. (b) Signed and dated by the individual making the record entry;

   2. (2) Develop written policies and procedures with clearly defined criteria regarding record maintenance, security, confidentiality in handling, disclosure, and destruction in accordance with Human Services Article, §§1-201 and 1-202, Annotated Code of Maryland, which shall include procedures for:

      1. (a) Providing, upon request, information to the child or the child’s parent or legal custodian, if the information released does not contain material that violates the privacy rights of another individual or material required to be withheld from release according to State law or by order of a court;
      2. (b) Maintaining indefinitely and in locked storage, case records on foster and adoptive children and their birth and adoptive families;

      3. (c) Retaining financial records and other documents for:

         1. (i) 5 years after the client's termination from service, or
         2. (ii) Until the resolution of any audit findings or claims involving the records in compliance with applicable State laws or contractual agreements;
      4. (d) Destroying records in a manner to preserve confidentiality;
      5. (e) Making all records available in the manner requested for review or audit by authorized State or federal personnel or by other authorized individuals whose official duties require inspection, review, or audit of the records;
      6. (f) Transferring of case records to the receiving agency when a child in care or receiving adoption services is transferred to a different privately licensed or public State agency; and

      7. (g) Reviewing the case record maintenance system for:

         1. (i) Ensuring that children's records are kept current and accurate, and
         2. (ii) Documenting the name of the individual and the purpose for and date of access to the record.

2. B. Without the voluntary, written consent of the parent or guardian or pursuant to a court order, the agency may not release any information about a child in care or receiving adoption services except to:

   1. (1) The child;
   2. (2) The child's parent or guardian;
   3. (3) The court;
   4. (4) A representative of the agency which holds custody of the child; or
   5. (5) Authorized State or federal personnel or by other authorized individuals whose official duties require inspection, review, or audit of the records.
3. C. The agency may use material from case records for teaching, research purposes, accreditation review, or enhancement of the governing board’s understanding and knowledge of the agency’s services only when client names and other identifying information are redacted or deleted.
4. D. If the agency corporation dissolves, the agency shall deposit all records with the Administration for disposition or retention as required by law.

Authority: Human Services Article, §2-209 Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 42 U.S.C. §621 et seq.; 45 CFR 1355—1357

Effective date: January 12, 2001 (27:26 Md. R. 2357)

Regulation .14C amended as an emergency action effective July 1, 2023 (50:15 Md. R. 679); emergency status expired December 28, 2023

Chapter revised effective April 14, 2025 (52:7 Md. R. 321)

Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .09 amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .14A amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .17 amended effective February 2, 2026 (53:2 Md. R. 61)