|
Home > Systemwide > Ethical Practice and Client Rights > Ethics and Confidentiality
Ethics and Confidentiality
Children, youth, and families involved with the child welfare system have a right to the privacy of their records and personal information, except under certain circumstances. Developing and coordinating a system of policies and practices that guides information sharing among the agencies that serve families is an important part of providing sound and ethical services. The following resources address the ethical issues that surround the confidentiality of personal information, including State and local examples.
 |
| |
 |
|
Guidelines for Juvenile Information Sharing (PDF - 409 KB)
Office of Juvenile Justice and Delinquency Prevention (2006)
Suggests a course of action for key agency and organization stakeholders involved in juvenile information sharing, addressing issues such as information protection and security, transparency and public communications, and training and continuous quality improvement.
Health Insurance Portability and Accountability Act (HIPAA)
Provides information on regulations and standards, compliance and enforcement, and educational materials addressing this Federal law that protects the privacy of patient health information.
Family Educational Rights and Privacy Act (FERPA)
U.S. Department of Education
Presents regulations from this Federal law that protects the privacy of students’ education records. Schools must have written consent to release information, except to some parties under certain conditions. Also see policy guidance.
Confidentiality and Privacy Protections
Council on Accreditation
In Client Rights
Outlines agency standards addressing the use of informed written consent as well as circumstances and procedures for the release of confidential information.
|
|
|
 |
 |
Confidentiality and Information Sharing Issues for Domestic Violence Advocates Working With Child Protection and Juvenile Court Systems
Davies (2003)
View Abstract
Explains basic advocacy practice and legal concepts related to information sharing and provides a framework for making decisions on how to handle and use information when working with women involved in child protection or juvenile court systems.
Confidentiality in a Preventive Child Welfare System
Munro
Ethics and Social Welfare, 1(1), 2007
View Abstract
Discusses policies in the United Kingdom regarding information sharing among professionals and the role of families in case planning and decision-making.
The Confidentiality Series
Vermont Network Against Domestic and Sexual Violence, Vermont Department for Children and Families, & Vermont Center for Crime Victim Services (2004)
Includes four publications in this series from Vermont's Partnership Between Domestic Violence Programs and Child Protective Services. They address information sharing, child/youth confidentiality, multidisciplinary teams, and guidelines for collaboration.
Disclosure of Confidential Child Abuse and Neglect Records
Summaries of statutes detailing the officials who may have access to confidential records and the circumstances under which information may be disclosed.
Federal Confidentiality Laws as Barriers to Communication Between the Juvenile Justice System and the Child Welfare System
Pollack & Frisino
The Social Policy Journal, 4(2), 2005
View Abstract
Examines barriers to cross-system collaboration, including issues such as points of entry and exit, funding, mandates, history, service orientation, credentialing, and overlapping legal and regulatory requirements.
HIPAA—Exceptions Providing Law Enforcement Officials and Social Service Providers Access to Protected Health Information
Podrid
APRI Update, 16(4), 2003
Outlines the exceptions law enforcement officials and social service agencies can use when requesting health information protected by the Health Insurance Portability and Accountability Act (HIPAA).
HIPAA Privacy Rule: Disclosures for Emergency Preparedness—A Decision Tool
Office for Civil Rights, U.S. Department of Health and Human Services (2006)
Helps program managers understand health information privacy rules and make decisions about information sharing during emergencies.
Making Good Decisions About Confidentiality in Child Welfare
Legacy Family Institute & Every Child Matters (2003)
View Abstract
Provides guidelines for evaluating the appropriateness of client record disclosure to other agencies, family members, or the public, including information on laws about confidentiality and a draft law to define the legal parameters of disclosure.
Mythbusting: Breaking Down Confidentiality and Decision-Making Barriers to Meet the Education Needs of Children in Foster Care (PDF - 2110 KB)
McNaught (2006)
Explains laws affecting confidentiality of education records and suggests strategies to overcome confidentiality and decision-making hurdles when addressing the needs of children in foster care.
Sharing Confidential Information (PDF - 3510 KB)
National Center on Substance Abuse and Child Welfare (2007)
In Screening and Assessment for Family Engagement, Retention and Recovery (SAFERR)
Suggests uniform policies to enable child welfare, alcohol and drug, and court workers to share information required to monitor families' progress. Includes recommended components of a parent consent form for facilitating cross-system communication.
(Back to Top)
State and local examples
Adolescent Health Care: The Legal Rights of Teens
Center for Children's Advocacy, University of Connecticut School of Law (2003)
View Abstract
Reviews Federal and Connecticut legislation relating to confidentiality in adolescent medical care, including answers to questions on substance abuse and mental health treatment, emancipation, mandated reporting of child abuse or neglect, and the Health Insurance Portability and Accountability Act (HIPAA).
Confidentiality in Child Welfare: Training Materials
Portland State University Child Welfare Partnership (2006)
Covers some of the laws and policies around confidentiality and child welfare, including common problems concerning the release of records involving the juvenile court discovery process, HIPAA, psychological evaluations, and substance abuse treatment records.
Guide to Confidentiality Laws Applicable to CHIPS Proceedings (PDF - 494 KB)
Wisconsin Children's Court Improvement Program (2006)
Provides professionals involved in Children in Need of Protection and Services (CHIPS) cases with information on Federal and Wisconsin laws that govern the use and disclosure of medical, mental health, education, law enforcement, court, juvenile justice, social services, and other confidential information.
Minor Consent, Confidentiality, and Child Abuse Reporting
National Center for Youth Law
Presents explanations of laws in several States about access to medical information, liability for revealing confidential information, child abuse reporting requirements, and more.
Should You Share?: A Primer on Information Sharing
Agatston (2003)
View Abstract
Describes considerations for releasing information requested by litigants in court proceedings in Georgia, including a summary of Georgia's laws regarding confidential records.
(Back to Top)
|
RSS
