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RULE 16-907. CASE RECORDS-REQUIRED DENIAL OF INSPECTION--CERTAIN CATEGORIES

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 900. Access to Judicial Records
MD Rules, Rule 16-907
RULE 16-907. CASE RECORDS-REQUIRED DENIAL OF INSPECTION--CERTAIN CATEGORIES
Except as otherwise provided by law, court order, or the Rules in this Chapter, the custodian shall deny inspection of:
(a) All case records filed in the following actions involving children:
(1) Actions filed under Title 9, Chapter 100 of the Maryland Rules for:
(A) adoption;
(B) guardianship; or
(C) to revoke a consent to adoption or guardianship for which there is no pending adoption or guardianship proceeding in that county.
(2) Delinquency, child in need of assistance, child in need of supervision, and truancy actions in Juvenile Court, except that, if a hearing is open to the public pursuant to Code, Courts Article, § 3-8A-13 (f), the name of the respondent and the date, time, and location of the hearing are open to inspection unless the record was ordered expunged.
Committee note: In most instances, the “children” referred to in this section will be minors, but, as Juvenile Court jurisdiction extends until a child is 21, in some cases, the children legally may be adults.
(b) The following case records pertaining to a marriage license:
(1) A certificate of a physician or certified nurse practitioner filed pursuant to Code, Family Law Article, § 2-301, attesting to the pregnancy of a child under 18 years of age who has applied for a marriage license.
(2) Until a license becomes effective, the fact that an application for a license has been made, except to the parent or guardian of a party to be married.
Cross reference: See Code, Family Law Article, § 2-402 (f).
(c) Case records pertaining to petitions for relief from abuse filed pursuant to Code, Family Law Article, § 4-504, which shall be sealed until the earlier of service or denial of the petition.
(d) Case records required to be shielded pursuant to Code, Courts Article, § 3-1510 (peace orders) or Code, Family Law Article, § 4-512 (domestic violence protective orders).
(e) In any action or proceeding, a record created or maintained by an agency concerning child abuse or neglect that is required by statute to be kept confidential.
Committee note: Statutes that require child abuse or neglect records to be kept confidential include Code, Human Services Article, §§ 1-202 and 1-203 and Code, Family Law Article, § 5-707.
(f) Papers filed by a fiduciary or a guardian of the property of a minor or disabled person pursuant to Title 10, Chapter 200, 400, or 700 of the Maryland Rules that include financial information regarding the minor or disabled person.
(g) The following case records in criminal actions or proceedings:
(1) A case record that has been ordered expunged pursuant to Rule 4-508.
(2) The following case records pertaining to search warrants:
(A) The warrant, application, and supporting affidavit, prior to execution of the warrant and the filing of the records with the clerk.
(B) Executed search warrants and all papers attached thereto filed pursuant to Rule 4-601, except as authorized by a judge under that Rule.
(3) The following case records pertaining to an arrest warrant:
(A) A case record pertaining to an arrest warrant issued under Rule 4-212 (d) and the charging document upon which the warrant was issued until the conditions set forth in Rule 4-212 (d)(3) are satisfied.
(B) Except as otherwise provided in Code, General Provisions Article, § 4-316, a case record pertaining to an arrest warrant issued pursuant to a grand jury indictment or conspiracy investigation and the charging document upon which the arrest warrant was issued.
(4) A case record maintained under Code, Courts Article, § 9-106, of the refusal of an individual to testify in a criminal action against the individual's spouse.
(5) Subject to Rules 16-902 (c) and 4-341, a presentence investigation report prepared pursuant to Code, Correctional Services Article, § 6-112.
(6) A case record pertaining to a criminal investigation by (A) a grand jury, (B) a State's Attorney pursuant to Code, Criminal Procedure Article, § 15-108, (C) the State Prosecutor pursuant to Code, Criminal Procedure Article, § 14-110, or (D) the Attorney General when acting pursuant to Article V, § 3 of the Maryland Constitution or other law.
Committee note: Although this Rule shields only case records pertaining to a criminal investigation, there may be other laws that shield other kinds of judicial records pertaining to such investigations. This Rule is not intended to affect the operation or effectiveness of any such other law.
(7) A case record required to be shielded by Code, Criminal Procedure Article, Title 10, Subtitle 3 (Incompetency and Criminal Responsibility).
Cross reference: See Code, Criminal Law Article, § 5-601.1 governing confidentiality of judicial records pertaining to a citation issued for a violation of Code, Criminal Law Article, § 5-601 involving the use or possession of less than 10 grams of marijuana.
(h) A transcript or an audio, video, or digital recording of any court proceeding that was closed to the public pursuant to Rule, order of court, or other law.
(i) Subject to the Rules in Title 16, Chapter 500, backup audio recordings, computer disks, and notes of a court reporter that are in the possession of the court reporter and have not been filed with the clerk.
(j) The following case records containing medical information:
(1) A case record, other than an autopsy report of a medical examiner, that (A) consists of a medical or psychological report or record from a hospital, physician, psychologist, or other professional health care provider, and (B) contains medical or psychological information about an individual.
(2) A case record pertaining to the testing of an individual for HIV that is declared confidential under Code, Health-General Article, § 18-338.1 or § 18-338.2.
(3) A case record that consists of information, documents, or records of a child fatality review team, to the extent they are declared confidential by Code, Health-General Article, § 5-709.
(4) A case record that contains a report by a physician or institution concerning whether an individual has an infectious disease, declared confidential under Code, Health-General Article, § 18-201 or § 18-202.
(5) A case record that contains information concerning the consultation, examination, or treatment of a developmentally disabled individual, declared confidential by Code, Health-General Article, § 7-1003.
(6) A case record relating to a petition for an emergency evaluation made under Code, Health-General Article, § 10-622 and declared confidential under § 10-630 of that Article.
(k) A case record that consists of the federal or Maryland income tax return of an individual.
(l) A case record that:
(1) a court has ordered sealed or not subject to inspection, except in conformance with the order; or
(2) in accordance with Rule 16-912 (b) is the subject of a motion to preclude or limit inspection.
(m) A case record that consists of a financial statement filed pursuant to Rule 9-202, a Child Support Guideline Worksheet filed pursuant to Rule 9-206, or a Joint Statement of Marital and Non-marital Property filed pursuant to Rule 9-207.
Cross reference: See also Rule 9-203.
(n) A document required to be shielded under Rule 20-203 (e)(1).
(o) An unredacted document filed pursuant to Rule 1-322.1 or Rule 20-203 (e)(2).
Source: This Rule is derived from former Rule 16-1006 (2016).

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended Dec. 13, 2016, eff. Apr. 1, 2017; June 20, 2017, eff. Aug. 1, 2017; April 9, 2018, eff. July 1, 2018.]

Editors' Notes

HISTORICAL NOTES
2016 Orders
The December 13, 2016, order added at the end of section (h) a cross reference to a certain statute.
2017 Orders
The June 20, 2017 order, renumbered Rule 16-906 to 16-907; deleted language from the title; added the words “and truancy” before the word “actions” in subsection (a)(2); deleted the reference to a certain period of time after the petition is filed and replaced it with the time period “until the petition is served” in section (c); added the language “peace orders” and “domestic violence protection orders” to section (d); added the language “fiduciary or a” before the word “guardian”; added the words “minor or” before the word “disabled person”; added a reference to certain chapters of Title 10; deleted subsections (f)(1) and (f)(2); deleted current section (g); added the language “except as authorized by a judge under that Rule” to subsection (g)(1)(B); changed the term “court records” to “judicial records” in the Committee note after subsection (g)(6); added the language “Incompetency and Criminal Responsibility” to section (g)(7); added the language “or other law” to and deleting language from section (h); added the language “subject to the Rules in Title 16, Chapter 500” to and deleting language from section (i); changed an internal Rule reference in subsection (1)(2), and made stylistic changes.
2018 Orders
The April 9, 2018 order, moved the Committee note that follows section (f) to follow section (e), added to subsection (g)(5) a reference to Rules 16-902(c) and 4-341, deleted in section (m) a reference to Rule 9-203 and added references to Rules 9-206 and 9-207, and made stylistic changes.
MD Rules, Rule 16-907, MD R CTS J AND ATTYS Rule 16-907
Current with amendments received through November 15, 2019.
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