Idaho Admin. Code r. 05.02.01.130

Current through September 2, 2024

Section 05.02.01.130 - JUVENILE RECORDS

01.Case Management Documents. The Provider must maintain individual files on all juvenile offenders, which include:

a. Observation and assessment evaluation provided by the Department;

b. Additional assessments;

c. Service implementation plans;

d. Progress reports;

e. Incident reports;

f. Court documents and dispositions;

g. Professional correspondence;

h. Restricted clinical information, kept separately;

i. Medical records, kept separately;

j. Educational records and school history, kept separately;

k. Relapse prevention plan;

l. Identifying information and physical descriptions;

m. Last known parent or guardian address and telephone number;

n. Date of admittance and projected release from the Provider; and

o. Records of juvenile offender's earnings, restitution payments, and community service hours earned.

02.Confidentiality.

a. Sections 20-525 and 9-340(2)(b), Idaho Code, and Idaho Court Administrative Rule 32 provide for confidentiality, under certain conditions, of records that contain information about juvenile offenders.

b. All matters relating to confidentiality of juvenile offender files must also comply with the federal HIPAA and 42 CFR Chapter 1, Sub-Chapter A, Part 2, "Confidentiality of Alcohol and Drug Abuse Patient Records."

c. Restricted clinical information, as defined, and education and medical records must each be filed separately and stored in a secured area.

d. For Providers that serve sex offenders, individual treatment assignments, such as journals and detailed sexual histories, must be destroyed at the time the juvenile offender is transferred or released from the program.

e. The Provider must have written policies and procedures to address the confidentiality of juvenile offender records. In compliance with HIPAA's privacy regulations, written procedures shall designate a privacy officer who will:

i. Supervise the maintenance of identifiable personal health care information;

ii. Serve as custodian of all confidential juvenile offender records; and

iii. Determine to whom records may be released.

03.Automated Records. Automated records must include a procedure to ensure confidentiality and be in compliance with any state or federal privacy laws pertaining to those records including provisions for backing up automated records.

04.Restrictions to Records Access.

a. Access to personal health information must be limited to:

i. Employees of the Department and the Provider to the extent necessary to perform normal business functions including health treatment and other functions designed to maintain the good order, safety, and security of the juvenile offenders or the program;

ii. Individuals participating in a staffing for a juvenile offender, who have a direct need to know the information, and who are obligated to or promise to maintain the confidentiality of information disclosed. These individuals may include employees or representatives of law enforcement, the Department, the Provider, probation officer, medical or mental health professionals, and other appropriate individuals; and

iii. Law enforcement members, emergency medical personnel, the Idaho Department of Health and Welfare or the applicable state licensing authority, and similar court or government officials, as necessary to perform their duties, and only if not otherwise prohibited by state or federal law or rule.

b. Access to all other confidential juvenile offender records must be limited to the following authorized persons:

i. Staff authorized by the Provider and members of the administrative staff of the Provider's parent agency;

ii. A parent or guardian or the juvenile offender, to the extent that disclosure is not privileged and is clinically appropriate;

iii. Appropriate staff of the Department;

iv. Counsel for the juvenile offender with signed consent form;

v. Judges, prosecutors, juvenile probation officers, and law enforcement officers, when essential for official business;

vi. Other individuals and agencies approved by the Department; and

vii. Schools, as appropriate.

05.Withholding of Information. If the Department or the Provider believes that information contained in the record would be damaging to the juvenile offender's treatment or rehabilitation, that information may be withheld from the juvenile offender, parent or guardian, or others, except under court order.

06.Retention of Juvenile Records. At the time of transfer or release from Department custody, any records not previously submitted are provided to the Department within two (2) business days.

07.Requests for Information. Requests for information of any kind about juvenile offenders in Department custody, following their release or transfer from a Provider's program must be directed to the Department.

08.Document Reproduction. The Provider agrees that documents provided by the Department will not be distributed without written permission from the Department.

Idaho Admin. Code r. 05.02.01.130

Effective March 31, 2022