C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—THE ADMINISTRATION FOR COMMUNITY LIVING › PART 1326—DEVELOPMENTAL DISABILITIES FORMULA GRANT PROGRAMS › Subpart C—Access to Records, Service Providers, and Individuals With Developmental Disabilities

45 C.F.R. § 1326.26

Denial or delay of access to records

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If a P&A system's access is denied or delayed beyond the deadlines specified in § 1326.25, the P&A system shall be provided, within one business day after the expiration of such deadline, with a written statement of reasons for the denial or delay. In the case of a denial for alleged lack of authorization, the name, address and telephone number of individuals with developmental disabilities and legal guardians, conservators, or other legal representative will be included in the aforementioned response. All of the above information shall be provided whether or not the P&A has probable cause to suspect abuse or neglect, or has received a complaint.

[80 FR 44807, July 27, 2015, as amended at 81 FR 35647, June 3, 2016]
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2019–2024 · leading case: Disability Rights Pa. v. Sch. Dist. of Phila., 377 F. Supp. 3d 482 (E.D. Pa. 2019).
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Disability Rights Pa. v. Sch. Dist. of Phila., 377 F. Supp. 3d 482 (E.D. Pa. 2019). · cites it 7× “See 45 C.F.R. § 1326.26 . Probable cause is merely one basis on which a P & A system may access records covered by the Acts.”
Disability Rights Maryland v. Prince George's Cnty. Pub. Schs., No. 8:21-cv-03001 (D. Md. Mar. 24, 2023). · cites it 8× “The regulation at 45 C.F.R. § 1326.26 , titled “Denial or delay of access to records,” provides further: If a P&A system’s access is denied or delayed beyond the deadlines specified in § 1326.”
Disability Rights New York v. Off. for People with Developmental Disabilities, No. 1:23-cv-03883 (E.D.N.Y. June 7, 2024). “€ 34 (citing 45 C.F.R. § 1326.26 ).) New York State law similarly provides DRNY with broad access to the records of persons with disabilities under certain circumstances, including in furtherance of an investigation into alleged abuse or neglect.”
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