PUBLIC Law Chapter 205

contained in them, pertaining to any person receiving services from

the department must be kept confidential and may not be disclosed

by any person, except that public records must be disclosed in

accordance with Title 1, section 408; criminal history record

information may be disseminated in accordance with Title 16,

chapter 3, subchapter 8; and documents other than those documents

pertaining to information obtained by the department for the

purpose of evaluating a client's ability to participate in a

community-based program or from informants in a correctional or

detention facility for the purpose of determining whether facility

rules have been violated or pertaining to a victim's request for

notice of release may, and must upon request, be disclosed:

A.__To any person if the person receiving services, that
person's legal guardian, if any, and, if that person is a
minor, that person's parent or legal guardian give informed
written consent to the disclosure of the documents referred
to in this subsection after being given the opportunity to
review the documents sought to be disclosed;

B.__To any state agency if necessary to carry out the
statutory functions of that agency;

C.__If ordered by a court of record, subject to any
limitation in the Maine Rules of Evidence, Rule 503;

D.__To any criminal justice agency if necessary to carry out
the administration of criminal justice or the administration
of juvenile criminal justice or for criminal justice agency
employment;

E.__To persons engaged in research if:

(1)__The research plan is first submitted to and
approved by the commissioner;

(2)__The disclosure is approved by the commissioner;
and

(3)__Neither original records nor identifying data are
removed from the facility or office that prepared the
records.

The commissioner and the person doing the research shall
preserve the anonymity of the person receiving services from
the department and may not disseminate data that refer to
that person by name or number or in any other way that might
lead to the person's identification; or

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