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RULE 16-914. CASE RECORDS--REQUIRED DENIAL OF INSPECTION--CERTAIN CATEGORIES

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 16. Court Administration
Chapter 900. Access to Judicial Records
Division 2. Limitations on Access
Effective: January 1, 2024
MD Rules, Rule 16-914
RULE 16-914. CASE RECORDS--REQUIRED DENIAL OF INSPECTION--CERTAIN CATEGORIES
Currentness
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) revocation of 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, public agency guardianship terminating parental rights, voluntary placement, child in need of supervision, peace order, 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 “child” or “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. The Juvenile Court also has jurisdiction over certain proceedings against an adult. Case records pertaining to these proceedings are not subject to this section. See Rule 11-507.
(b) 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.
(c) Case records shielded pursuant to Code, Courts Article, § 3-1510 (peace orders), Code, Family Law Article, § 4-512 (domestic violence protective orders), or Code, Public Safety Article, § 5-602(c) (extreme risk protective orders).
(d) 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.
(e) Except for docket entries and orders entered under Rule 10-108, papers and submissions filed in guardianship actions or proceedings under Title 10, Chapter 200, 300, 400, or 700 of the Maryland Rules.
Committee note: Most filings in guardianship actions are likely to be permeated with financial, medical, or psychological information regarding the minor or disabled person that ordinarily would be sealed or shielded under other Rules. Rather than require custodians to pore through those documents to redact that kind of information, this Rule shields the documents themselves subject to Rule 16-934, which permits the court, on a motion and for good cause, to permit inspection of case records that otherwise are not subject to inspection. There may be circumstances in which that should be allowed. Parties to the action have access to the case records unless the court orders otherwise. See Rule 10-105 (b). The guardian, as a party, has access to the case records and may need to share some of them with third persons in order to perform the duties of the guardian. This Rule is not intended to impede the guardian from doing so. Public access to the docket entries and to orders entered under Rule 10-108 will allow others to be informed of the guardianship and to seek additional access pursuant to Rule 16-934.
(f) 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) Unless entered into evidence at a hearing or trial or otherwise ordered by the court, a case record pertaining to (i) a pen register or trace device applied for or ordered pursuant to Rule 4-601.1, (ii) an emergency order applied for or entered pursuant to Rule 4-602, (iii) the interception of wire or oral communications applied for or ordered pursuant to Rule 4-611, or (iv) an order for electronic device location information applied for or entered pursuant to Rule 4-612.
(5) 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.
(6) Subject to Rules 16-902 (c) and 4-341, a presentence investigation report prepared pursuant to Code, Correctional Services Article, § 6-112.
(7) Except as otherwise provided by law, 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 or a federal law enforcement agency.
Cross reference: See Code, Criminal Procedure Article, §§ 1- 203.1, 9-101, 14-110, and 15-108, and Rules 4-612 and 4-643 dealing, respectively, with electronic device location, extradition warrants, States' Attorney, State Prosecutor, and grand jury subpoenas, and Code, Courts Article, §§ 10-406, 10- 408, 10-4B-02, and 10-4B-03 dealing with wiretap and pen register orders. See also Code, Criminal Procedure Article, §§ 11-110.1 and 11-114 dealing with HIV test results.
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.
(8) A case record required to be shielded by Code, Criminal Procedure Article, Title 10, Subtitle 3 (Criminal Records--Shielding).
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.
(9) The following case records pertaining to a child excluded from the jurisdiction of the Juvenile Court under Code, Courts Article, § 3-8A-03(d)(1), (4), or (5):
(A) A case record pertaining to a case where a motion to transfer jurisdiction to the Juvenile Court pursuant to Code, Criminal Procedure Article, § 4-202 is pending or the time for filing such motion has not expired.
(B) A case record pertaining to a case transferred to the Juvenile Court.
Committee note: Nothing in this Rule precludes a clerk from divulging a case number to an attorney for the purpose of entering an appearance in the case or petitioning the court for access to the court file to determine whether to enter an appearance in the case.
(g) A transcript or an audio, video, or digital recording of (1) any court proceeding that was closed to the public pursuant to Rule, order of court, or other law or (2) a proceeding in an action as to which all documentary case records are required to be shielded.
(h) Subject to the Rules in Title 16, Chapter 500, backup audio recordings, computer disks, and notes of a court reporter that have not been filed with the clerk.
(i) The following case records containing medical or other health 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, § 18-338.2, or § 18-338.3.
(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.
(j) A case record that consists of the federal, state, or local income tax return of an individual.
(k) 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 16-934 (b) is the subject of a pending petition to preclude or limit inspection.
(l) 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.
(m) A document required to be shielded under Rule 20-203 (e)(1).
(n) An unredacted document filed pursuant to Rule 1-322.1 or Rule 20-203 (e)(2).
(o) A parenting plan or joint statement prepared and filed pursuant to Rules 9-204.1 and 9-204.2.
(p) An action for judicial declaration of gender identity filed pursuant to Rule 15-902.
(q) A petition for authorization for minor to marry action filed pursuant to Rule 15-1501.
Source: This Rule is derived in part from former Rule 16-907 (2019), and is in part new.
Committee note: Most filings in guardianship actions are likely to be permeated with financial, medical, or psychological information regarding the minor or disabled person that ordinarily would be sealed or shielded under other Rules.

Credits

[Adopted June 29, 2020, eff. Aug. 1, 2020. Amended March 30, 2021, eff. July 1, 2021; Nov. 9, 2021, eff. Jan. 1, 2022; Feb. 9, 2022, eff. April 1, 2022; Sept. 30, 2022, eff. Jan. 1, 2023; April 1, 2023, eff. July 1, 2023; Nov. 28, 2023, eff. Jan. 1, 2024.]
MD Rules, Rule 16-914, MD R CTS J AND ATTYS Rule 16-914
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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