Confidentiality: Access to Information Contained in Departmental Service Records
Rhode Island Department of Children, Youth and Families
Policy: 100.0005
Effective Date: Sept. 15, 1986 Revised Date: May 25, 1987 Version: 2
The Department of Children, Youth, and Families acknowledges a legal and an ethical obligation to keep confidential all information received from and about persons with whom the Department has been involved or otherwise has knowledge (see Policy 100.0000 Confidentiality and Rhode Island General Law RIGL 42-72-8). Such information shall be maintained in secure, confidential files and shall include all case recordings, correspondence, placement information, Family Court or other legal documentation, medical, scholastic and other evaluative material, and/or any other information generated and maintained by the Department or its agents or received from other sources. Access to such information must be limited to specific individuals who have a need and a right to know and shall be governed by all applicable state and federal laws and regulations and by Departmental policy and procedure.
Specific policies exist for the recording of information in Departmental service records. Possessing separate personal notes, records, duplicate files, or any information received from and/or about persons currently or previously involved with the Department is inconsistent with these policies and, therefore, prohibited.
This policy relates specifically to those service records originating in Child Protective Services including Screening/Intake, but excluding investigative and computer records, Family Services and most of Specialized Services, but excluding termination of parental rights and adoption material, and Probation excluding arrest, conviction, and criminal detention material. Access to most information contained in these service records must be preceded by a properly completed release of confidential information or as otherwise authorized by existing state or federal laws or regulations and by Departmental policy/procedure. Certain information, however, (such as adoption material, CPS reports, reporter/source information) shall be designated as "Restricted" and shall not be released to the client, his/her representative, or to most other individuals or agencies who otherwise have access to confidential information even with a properly completed confidential release. Such information can be released only to the courts or to defense counsel as directed by DCYF Legal Counsel in response to a properly issued court order or subpoena or as otherwise allowed by law or Departmental policy/procedure.
Release of confidential information by DCYF personnel is limited to only that information which was specifically generated by the Department or its agents. Confidential information contained in Departmental files which was requested and/or received from other sources (such as psychiatric/psychological evaluations, school records) shall remain the property of the originating source and can only be released by that source, with the express written or verbal permission of that source, or as otherwise authorized by existing laws or Departmental policy/procedure.
Related Procedures…
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