§ 7141.5. Amending the Case Record.

(a) When a Counselor determines that information that he/she originated for the case record is inaccurate or incomplete, the Counselor shall correct that portion of the case record. Copies of the corrected information shall be provided to all individuals who obtained incorrect information.

(b) An applicant or client may submit a written request to add, delete, or amend information contained in the case record. The Department, within 30 days of the receipt of such request, shall make a decision whether to amend the record.

(c) If the client requests a change to information that was originated by a source outside the Department, the client shall be informed that departmental staff cannot change information in the case record not originated by departmental staff and that the request should be made to the source of the information.

(d) If the record is to be amended, the Department shall:

(1) Amend any portion of the record which is not accurate, relevant, timely, or complete.

(2) Destroy the original material.

(3) Provide the individual with a copy of the amended material.

(e) If the record is not to be amended, the Department shall inform the applicant or client in writing of the decision not to amend the record, the reason for such decision, and the procedures for requesting an administrative review and fair hearing of such decision.

(f) If the applicant or client disagrees with the decision of the Department not to amend the case record, the individual may appeal that decision through the administrative review and fair hearing process.

(1) If, after administrative review, the decision of the Department not to amend the case record is upheld, the applicant or client may submit a written statement of reasonable length setting forth the reasons for the individual's disagreement with the disputed information. This statement shall be placed in the case record. The Department shall clearly identify any portion of the record which is disputed and make available a copy of such individual's statement and a copy of a concise statement of the reasons for the decision not to amend to any person or agency to whom the disputed portion of the record is disclosed.

(2) If, after administrative review, the applicant or client remains dissatisfied with the decision of the Department, the applicant or client may request a fair hearing as provided in Section 7354 of these regulations. The applicant or client may also contact the Office of Information Practices for assistance in solving problems relating to information in the case record.

(g) All details of a request to amend a case record including pertinent dates shall be recorded in the case record.

HISTORY

1. Renumbering of section 7283 to section 7141.5 filed 6-21-90; operative 7-21-90 (Register 90, No. 35).

2. New subsections (a), (c) and (g) and relettering of former subsections (a), (b), (c), (d) to (b, (d), (e), (f) filed 5-2-91; operative 6-1-91 (Register 91, No. 25).

3. Amendment of subsection (f)(2) filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.

4. Amendment of subsection (f)(2) refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 1-17-2013 order, including amendment of Note, transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 10).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code and Section 1798.30, Civil Code. Reference: Sections 1798.3-1798.37, Civil Code, and 34 CFR Section 361.38.