75-03-36-19. Confidentiality and retention of files.

1. The child-placing agency shall have written procedures for safeguarding the confidentiality of records.

2. Except as otherwise provided in this section and North Dakota Century Code section 14-15-16, child-placing agency records concerning children and families who have received, are receiving, or seek to receive services must be safeguarded and may be made available only: a. To employees and nonemployees of the child-placing agency, to the extent reasonably necessary for the performance of their duties; b. To persons authorized by a custodian, parent, or guardian who may lawfully review a child's record; c. In a judicial proceeding; d. To officers of the law or board specific to a criminal investigation; and e. As required by law.

3. The child-placing agency shall ensure that all records are kept in a safe place, protected from damage, theft, and unauthorized access.

4. The child-placing agency shall disclose its records to the department, upon request.

History: Effective April 1, 2010; amended effective April 1, 2024.

General Authority: NDCC 50-11-03, 50-12-05

Law Implemented: NDCC 14-15-16, 50-11-05, 50-12-05