Section 436.1  Purpose

The purpose of these rules is to explain what records will be retained and how they will be retained in either the State Records Center or the State Archives.

Section 436.2  Definitions

"Records" means all books, case files, microfiche, papers, maps, photographs, or other official documentary materials, as defined in the State Records Act, which are appropriate for preservation because of the information in them.  Information is appropriate for preservation if it has administrative value, legal value, fiscal value, or research, historical, or archival value.

Section 436.3  Required Recordkeeping

a)         The Department shall keep adequate and sufficient records pertaining to its clients, operations, employees, and equipment.  The Department shall conform to the rules and regulations established by the State Records Commission, the State Archives, the State Records Center, the other state agencies responsible for regulating the retention and destruction of records.  The State Records Commission, with the Department's advice and consent, establishes schedules relating to the retention and destruction of records.

b)         The administrators responsible for the Department's central divisions and the administrators responsible for the local regions shall be charged with the maintenance, destruction, retention and disposition of state records under their jurisdiction.  They shall perform this duty as required by the State Records Commission and Department procedures.

c)         The administrators responsible for the Department's central divisions and the administrators responsible for the local regions shall dispose of appropriate records, papers, documents and correspondence in such a manner that confidential information or data contained in the records shall not be disclosed.

Section 436.4  Destruction of Records

a)         State records shall be destroyed only upon approval of the State Records Commission.  Non-record materials may be destroyed at any time after they have served their purpose.  However, the Commission may formulate advisory procedures and interpretations to guide the disposition of non-record materials.

b)         Application for destruction of records shall be made to the State Records Commission, which shall determine with the Department what constitutes records materials.  The Department shall conduct necessary record surveys and prepare necessary retention and disposition schedules.  Materials already on retention or disposition schedules shall be revoked or replaced only in accordance with the State Records Act.

Section 436.5  Permanent Records

a)         All records previously maintained in the State Archives shall remain as part of the permanent documentation of the Department and its predecessor agencies and will continue to be served by the State Archivist.

b)         Retrieval of documents deposited in the State Archives or the State Records Center shall be the responsibility of staff as designated by the Director of the Department.

c)         Adoption case records shall be retained permanently.  They may be stored in the State Archives with special attention to the fact that such records are not public records and access to them is restricted.  Refer to part 431, Confidentiality of Personal Information.