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§ 3-8A-27. Privacy of records

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: June 1, 2022 to October 31, 2024

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
Effective: June 1, 2022 to October 31, 2024
MD Code, Courts and Judicial Proceedings, § 3-8A-27
§ 3-8A-27. Privacy of records
Currentness
<Section effective until Nov. 1, 2024. See, also, section 3-8A-27 effective Nov. 1, 2024 until Oct. 1, 2025, and section 3-8A-27 effective Oct. 1, 2025.>
Police records concerning children
(a)(1) A police record concerning a child is confidential and shall be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as otherwise provided in § 7-303 of the Education Article.
(2) This subsection does not prohibit:
(i) Access to and confidential use of the record by the Department of Juvenile Services or in the investigation and prosecution of the child by any law enforcement agency;
(ii) Access to and confidential use of the record by the Baltimore City Mayor's Office on Criminal Justice if the Baltimore City Mayor's Office on Criminal Justice is providing programs and services to a child who is the subject of the record, for a purpose relevant to the provisions of the programs and services and the development of a comprehensive treatment plan;
(iii) A law enforcement agency of the State or of a political subdivision of the State, the Department of Juvenile Services, or the criminal justice information system from including in the law enforcement computer information system information about:
1. An outstanding juvenile court ordered writ of attachment or an outstanding criminal court ordered writ of attachment, for the sole purpose of apprehending a child named in the writ;
2. An outstanding criminal court issued warrant, for the sole purpose of apprehending a child named in the warrant; or
3. A missing child as defined in § 9-401 of the Family Law Article; or
(iv) A law enforcement agency of the State or of a political subdivision of the State, when necessary and for the sole purposes of facilitating apprehension of a child and ensuring public safety, from releasing to the public photographs and identifying information of a child who:
1. Has escaped from:
A. A detention center for juveniles;
B. A secure residential facility for juveniles; or
C. A correctional unit as defined in § 2-401 of the Correctional Services Article;
2. Is a missing child as defined in § 9-401 of the Family Law Article; or
3. The court does not have jurisdiction over pursuant to § 3-8A-03(e)(1), (4), or (5) of this subtitle and who is subject to:
A. Arrest; or
B. An arrest warrant issued by a criminal court.
(3) The Baltimore City Mayor's Office on Criminal Justice shall be liable for the unauthorized release of a police record it accesses under this subsection.
Court records or fingerprints of child
(b)(1) A court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as provided in §§ 7-303 and 22-309 of the Education Article.
(2) This subsection does not prohibit access to and the use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article in a proceeding in the court involving the child, by personnel of the court, the State's Attorney, counsel for the child, a court-appointed special advocate for the child, or authorized personnel of the Department of Juvenile Services.
(3)(i) Except as provided in subparagraph (ii) of this paragraph, this subsection does not prohibit access to and confidential use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article by the Department of Juvenile Services or in an investigation and prosecution by a law enforcement agency.
(ii) The court record or fingerprints of a child described under §§ 10-215(a)(20) and (21), 10-216, and 10-220 of the Criminal Procedure Article may not be disclosed to:
1. A federal criminal justice agency or information center; or
2. Any law enforcement agency other than a law enforcement agency of the State or a political subdivision of the State.
(4)(i) The Department of Juvenile Services may provide access to and the confidential use of the court record of a child by an agency in the District of Columbia or a state agency in Delaware, Pennsylvania, Virginia, or West Virginia, if the agency:
1. Performs the same functions in the jurisdiction of the agency as described in § 9-216(a) of the Human Services Article; and
2. Has a reciprocal agreement with the State that provides that the specific information to be shared by the State is the same type of information that will be shared by the agency.
(ii) A record that is shared under this paragraph may only provide information that is relevant to the supervision, care, and treatment of the child.
(iii) The Department of Juvenile Services shall be liable for an unauthorized release of a court record under this paragraph.
(iv) The Department of Juvenile Services shall adopt regulations to implement this paragraph.
(5)(i) This subsection does not prohibit access to and use of a court record by a judicial officer who is authorized under the Maryland Rules to determine a defendant's eligibility for pretrial release, counsel for the defendant, the State's Attorney, or the Maryland Division of Pretrial Detention and Services if:
1. The individual who is the subject of the court record is charged as an adult with an offense;
2. The access to and use of the court record is strictly limited for the purpose of determining the defendant's eligibility for pretrial release; and
3. The court record concerns an adjudication of delinquency that occurred within 3 years of the date the individual is charged as an adult.
(ii) The Court of Appeals may adopt rules to implement the provisions of this paragraph.
(6)(i) This subsection does not prohibit access to and confidential use of a court record by the Department of Human Services or a local department of social services:
1. For the purpose of claiming federal Title IV-B and Title IV-E funds; or
2. If the Department of Human Services or a local department of social services is providing treatment, services, or care to a child who is the subject of the record.
(ii) The Department of Human Services and local departments of social services shall keep a court record obtained under this paragraph confidential in accordance with the laws and policies applicable to the Department of Human Services and local departments of social services.
(7)(i) This subsection does not prohibit access to and confidential use of a court record by the Maryland Department of Health or a local health department if the Maryland Department of Health or a local health department is providing treatment, services, or care in coordination with the Department of Juvenile Services to a child who is the subject of the record, for a purpose relevant to the provision of the treatment, services, or care.
(ii) The Maryland Department of Health and local health departments shall keep a court record obtained under this paragraph confidential in accordance with the laws and policies applicable to the Maryland Department of Health and local health departments.
(8) This subsection does not prohibit access to and confidential use of a court record by the Baltimore City Mayor's Office on Criminal Justice if the Baltimore City Mayor's Office on Criminal Justice is providing programs and services in conjunction with the Department of Juvenile Services to a child who is the subject of the record, for a purpose relevant to the provisions of the programs and services and the development of a comprehensive treatment plan.
(9) The Baltimore City Mayor's Office on Criminal Justice shall be liable for the unauthorized release of a court record it accesses under this subsection.
(10) This subsection does not prohibit access to and confidential use of a court record by the State Advisory Board for Juvenile Services if the Board is performing the functions described under § 9-215(5) of the Human Services Article.
Petition to seal court records
(c) The court, on its own motion or on petition, and for good cause shown, may order the court records of a child sealed, and, upon petition or on its own motion, shall order them sealed after the child has reached 21 years of age. If sealed, the court records of a child may not be opened, for any purpose, except by order of the court upon good cause shown.
Use of juvenile records by Maryland Division of Parole and Probation or Maryland Parole Commission
(d) This section does not prohibit access to or use of any juvenile record by the Maryland Division of Parole and Probation or the Maryland Parole Commission when the Division or the Commission is carrying out any of their statutory duties either at the direction of a court of competent jurisdiction, or when the Maryland Parole Commission is carrying out any of its statutory duties, if the record concerns a charge or adjudication of delinquency.
Use of juvenile records by Maryland Division of Correction
(e) This section does not prohibit access to and use of any juvenile record by the Maryland Division of Correction when the Division is carrying out any of its statutory duties if: (1) the individual to whom the record pertains is committed to the custody of the Division; and (2) the record concerns an adjudication of delinquency.
Use of juvenile records for criminal justice research purposes
(f) Subject to the provisions of §§ 9-219 and 9-220 of the Human Services Article, this section does not prohibit access to or use of any juvenile record for criminal justice research purposes. A record used under this subsection may not contain the name of the individual to whom the record pertains, or any other identifying information which could reveal the individual's name.
Notification of victim or victim’s representative of proceedings and events
(g) This section does not prohibit a victim or victim's representative who has filed a notification request form from being notified of proceedings and events involving the defendant or child as provided in this subtitle, the Criminal Procedure Article, or the Criminal Law Article.
Use of juvenile records by Department of Public Safety and Correctional Services
(h) This section does not prohibit the Department of Public Safety and Correctional Services or a supervising authority, as defined in § 11-701 of the Criminal Procedure Article, from accessing or using the part of a juvenile record that identifies an offense committed by a juvenile for purposes of complying with Title 11, Subtitle 7 of the Criminal Procedure Article.

Credits

Added as Courts and Judicial Proceedings § 3-828 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 555, § 1; Acts 1974, c. 691, § 8; Acts 1975, c. 554, §§ 1, 3; Acts 1978, c. 814; Acts 1982, c. 124; Acts 1983, c. 164; Acts 1987, c. 290; Acts 1988, c. 6, §§ 1, 8; Acts 1989, c. 327; Acts 1989, c. 539, § 7; Acts 1989, c. 641; Acts 1994, c. 693, § 1, eff. Oct. 1, 1994; Acts 1995, c. 8, § 1, eff. Oct. 1, 1995; Acts 1995, c. 8, § 4, eff. June 1, 1995; Acts 1995, c. 111, § 1, eff. June 1, 1995; Acts 1995, c. 112, § 1, eff. June 1, 1995; Acts 1997, c. 311, § 1, eff. Oct. 1, 1997; Acts 1997, c. 312, § 1, eff. Oct. 1, 1997; Acts 1997, c. 390, § 1, eff. Oct. 1, 1997; Acts 1998, c. 464, § 1, eff. Oct. 1, 1998; Acts 1998, c. 465, § 1, eff. Oct. 1, 1998; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001. Renumbered as Courts and Judicial Proceedings § 3-8A-27 and amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001. Amended by Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 554, § 1, eff. July 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 53, § 4, eff. July 1, 2003; Acts 2006, c. 10, § 1, eff. Feb. 18, 2006; Acts 2007, c. 8, § 1, eff. Oct. 1, 2007; Acts 2008, c. 526, § 1, eff. Oct. 1, 2008; Acts 2008, c. 602, § 1, eff. Oct. 1, 2008; Acts 2008, c. 603, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2009, c. 486, § 1, eff. Oct. 1, 2009; Acts 2009, c. 524, § 1, eff. Oct. 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 65, § 5, eff. April 12, 2011; Acts 2011, c. 16, § 1, eff. Oct. 1, 2011; Acts 2011, c. 102, § 1, eff. Oct. 1, 2011; Acts 2013, c. 474, § 1, eff. Oct. 1, 2013; Acts 2013, c. 611, § 1, eff. Oct. 1, 2013; Acts 2017, c. 62, § 6; Acts 2017, c. 193, § 1, eff. Oct. 1, 2017; Acts 2018, c. 669, § 1, eff. Oct. 1, 2018; Acts 2019, c. 37, § 1, eff. Oct. 1, 2019; Acts 2019, c. 271, § 1, eff. Oct. 1, 2019; Acts 2020, c. 419, § 1, eff. Oct. 1, 2020; Acts 2021, c. 12, § 1, eff. March 13, 2021; Acts 2022, c. 41, § 1, eff. June 1, 2022; Acts 2022, c. 42, § 1, eff. June 1, 2022.
MD Code, Courts and Judicial Proceedings, § 3-8A-27, MD CTS & JUD PRO § 3-8A-27
Current with legislation effective through October 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document