§ 2–1515.06. Confidentiality of youth records.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a)(1) Records pertaining to youth who are currently in or were previously in the custody of the Department or contract providers shall be privileged and confidential and shall be released only in accordance with this subsection.

(2) Juvenile case records shall be released only to persons and entities permitted to inspect those records under § 16-2331 and in accordance with the procedures governing the release of records under that section.

(3) Juvenile social records shall be released only to persons and entities permitted to inspect those records under § 16-2332 and in accordance with the procedures governing the release of records under that section.

(4) Law enforcement records shall be released only to person and entities permitted to inspect those records under § 16-2333 and in accordance with the procedures governing the release of records under that section.

(5) All other Department records pertaining to youth who are currently in or were previously in the custody of the Department shall be released only to persons and entities permitted to inspect juvenile social records under § 16-2332 and in accordance with the procedures governing the release of records under that section.

(b) Notwithstanding the confidentiality requirements of this section, the Mayor may establish rules for the disclosure of electronic Department data to other District government agencies statutorily charged with the care, treatment, and rehabilitation of youth in the District’s custody for purposes of coordination care, treatment, and rehabilitation services for youth and Department tracking and trending reports; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated in this subsection.

(c) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Mayor, or the Mayor's designee, any member of the Council, the Office of the Attorney General, the District of Columbia Auditor, and the District of Columbia Inspector General shall be permitted to obtain the records pertaining to youth who are currently in or were previously in the custody of the Department regardless of the source of the information contained in those records, when necessary for the discharge of their duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.

(d) Notwithstanding the confidentiality requirements of this section, or any other provision of law, a law enforcement officer may obtain records pertaining to youth who are currently or were previously in the custody of the Department, other than juvenile case records, as that term is defined in § 16-2331(a), and juvenile social records, as that term is defined in § 16-2331(a), for the purpose of investigating a crime allegedly involving a youth in the custody of the Department. The confidentiality of any information disclosed to law enforcement officers pursuant to this section shall be maintained pursuant to § 16-2333.

(e)(1) The Department shall inform the Attorney General, and the committed youth's counsel, in advance:

(A) As soon as is practicable, each time a committed youth is released from a hardware or a staff secure facility, regardless of the length of release; and

(B) Within 24 hours, each time a committed youth:

(i) Escapes from a hardware secure facility or a staff secure facility; or

(ii) Absconds from a community placement.

(2) This subsection shall not apply to any youth who is committed only for a status offense.

(f) Notwithstanding subsection (a)(5) of this section, unless the release of the information is otherwise prohibited by law or the information relates to medical, dental, or mental health appointments, the Attorney General, at the Attorney General's discretion, may disclose information received from the Department pursuant to subsection (e) of this section to:

(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or witness;

(2) Any immediate family member or custodian of any victim or eyewitness, if the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly authorized attorney of such immediate family member or custodian; or

(3) The parent or guardian of the committed youth.

(g) Neither the Department's failure to timely inform the Attorney General or committed youth's counsel pursuant to subsection (e)(1) of this section nor the Attorney General's decision to disclose information pursuant to subsection (f) of this section shall serve as the basis for delaying the release of a committed youth from a hardware secure facility or staff secure facility.

(h) No person shall disclose, inspect, or use records in violation of this section. A violation of this section shall constitute a violation of § 16-2336.

(Apr. 12, 2005, D.C. Law 15-335, § 106, 52 DCR 2025; Sept. 23, 2009, D.C. Law 18-50, § 2, 56 DCR 5487; Mar. 8, 2011, D.C. Law 18-284, § 2, 57 DCR 10477; Sept. 26, 2012, D.C. Law 19-171, § 21, 59 DCR 6190; Mar. 11, 2024, D.C. Act 25-410, § 3(b), 71 DCR 2693.)

Effect of Amendments

D.C. Law 18-50 added subsec. (c).

D.C. Law 18-284 rewrote subsec. (a); and added subsec. (d). Prior to amendment, subsec. (a) read as follows: “(a) Records pertaining to youth in the custody of the Department or contract providers shall be privileged and confidential and shall only be released pursuant to § 16-2332.”

The 2012 amendment by D.C. Law 19-171 substituted “D.C. Official Code § 16-2332” for “ section 16-2332” in (a)(5).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(b) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 day) addition, see § 106 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 106 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary (90 day) amendment of section, see § 2 of Juvenile Records Access Emergency Amendment Act of 2008 (D.C. Act 17-532, October 2, 2008, 55 DCR 11048).

For temporary (90 day) amendment of section, see § 2 of Records Access Emergency Amendment Act of 2009 (D.C. Act 18-17, February 24, 2009, 56 DCR 1939).

For temporary (90 day) amendment of section, see § 2 of Records Access Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-76, May 25, 2009, 56 DCR 4153).

For temporary (90 day) amendment of section, see § 2 of Second Records Access Emergency Amendment Act of 2009 (D.C. Act 18-105, June 12, 2009, 56 DCR 4670).

Temporary Legislation

Section 2 of D.C. Law 18-8 added subsec. (c) to read as follows:

“(c) Notwithstanding the confidentiality requirements of this section, the Chairman of the Committee on Human Services, or his designee, shall be permitted to obtain the records pertaining to youth in the custody of the Department when necessary for the discharge of the committee’s duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.”.

Section 4(b) of D.C. Law 18-8 provided that the act shall expire after 225 days of its having taken effect.

Mayor's Orders

Mayor’s Designation under the Second Records Access Emergency Amendment Act of 2009, see Mayor’s Order 2009-164, September 25,

Delegation of Authority

Delegation of Authority under D.C. Law 18-50, the Records Access Amendment Act of 2009, see Mayor’s Order 2011-164, September 28, 2011 ( 58 DCR 8616).