214 R.I. Code R. 214-RICR-10-00-1.11

Current through November 7, 2024

Section 214-RICR-10-00-1.11 - Confidentiality

A. The Department keeps confidential all information received from and/or about persons with whom the Department is currently and/or was previously involved or otherwise has knowledge.

1. Access to such information is governed by various state and federal laws and regulations and by Department policy.

2. Access is limited to authorized individuals and/or agencies/institutions, both public and private, on a need and a right to know basis.

B. Unauthorized disclosure of confidential information could result in a fine and/or imprisonment as prescribed by state and federal laws and/or other administrative sanctions as prescribed by the Department.

1.11.1Access to Information Contained in Department Service Records

A. Department service records include all hardcopy and electronic records originating in Child Protective Services, Family Services, and Juvenile Corrections including Probation and the Rhode Island Training School.

B. Such information is maintained in secure, confidential files and includes 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.

C. Access to information contained in these service records must be preceded by a properly completed release of confidential information or by order from a court.

D. Release of confidential information by Department 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) remains the property of the originating source and can only be released by that source, with the express written or verbal permission of that source.

E. The following individuals or agencies can obtain certain confidential information from Departmental records with the consent of the Director or his/her designee:

1. Media/press;

2. Persons authorized to perform audits or bona fide research;

3. Legislators or other public officials;

4. Law enforcement officers;

5. Employees of the Department of Children, Youth, and Families if needed in the performance of their duties;

6. Educational surrogate parent/advocates if the information relates to educational matters;

7. Juvenile prosecutor if the information specifically relates to the offense with which the child has been charged;

8. CASA attorneys and volunteers;

9. Foster parents/child care providers if the information specifically relates to educational, medical, specific personal characteristics, and/or involvement in the juvenile justice system; and

10. Other individuals or agencies deemed solely by the Director to have a need and a right to know such information.

F. Requests for confidential information from certain individuals noted above are responded to by the proper staff person on a need and right to know basis:

1. Audit/research requests are made in writing and presented to the Director or his/her administrative designee for approval.

2. Media/press requests are directed to the Chief of Staff, the Director, or designee.

3. Requests from legislators or other public officials, unless otherwise authorized by the Director or his/her designee, are responded to only upon the receipt of a valid confidential release.

4. The Department can release all abuse/neglect reports on an individual or family contained on the Call Floor to law enforcement officers if such officers are investigating a report of known or suspected child abuse or neglect.

1.11.2Access to Restricted Information

A. Access to certain information, due to its particularly sensitive nature, is restricted by law even with a properly completed release of confidential information. Such information can only be disclosed to the court by means of a subpoena or other valid court order or to select others as specified by law. Any disclosure of restricted information must first be approved by the Department's Legal Counsel.

B. Restricted information includes:

1. Termination of Parental Rights/Adoption Material

a. Information includes:

(1) Identifying data regarding the child's family of origin such as name of parent(s), name of sibling(s), previous known addresses, etc.);

(2) Identifying data regarding the adoptive family (such as names, addresses, etc.);

(3) Placement/social material subsequent to termination of parental rights; and

(4) Specific medical, psychological, psychiatric, scholastic, or other information.

2. Reporter/Source information and/or information provided by confidential sources.

3. Juvenile Arrest/Conviction/Detention Material a. Information includes:

(1) Copies of police reports and/or petitions charging a child with a criminal offense;

(2) Copies and/or summaries of records of the Court involving the disposition of criminal charges against a child; and

(3) Records of any juvenile detention facility where a child was admitted/remanded due to alleged and/or proven criminal activity.

4. Mental Health Records

a. Information includes:

(1) Psychiatric/psychological records and/or reports, including diagnostic, evaluative, and/or treatment material, regarding a child remanded to a juvenile correctional facility;

(2) Psychiatric/psychological records and/or reports including diagnostic, evaluative, and/or treatment material of children referred to the Department for the purpose of Children's Mental Health Programs, Mental Health Services for Children and Youth screening and/or other services; and

(3) Any other diagnostic/evaluative/treatment records and/or reports, in patient or out patient, to which the Department has access or the Department maintains.

1.11.3Access to Information Contained in Licensing Records

A. Records maintained by the Licensing and Placement Units contain background information and other documentation regarding the licensing of foster/day care homes and facilities as well as documentation in support of requests for placement of children.

B. As mandated for most other records maintained by the Department, access to information contained in these records is limited to specific individuals or agencies who have a need and a right to know such information.

1.11.4Confidential Information Requests Received Through Masterfile

A. The following professionals have limited access over the telephone to specific information contained in Masterfile:

1. Other state employees (social work, supervisory, and administrative staff of DHS, BHDDH, etc.);

2. School Department/Headstart (Student Relations/Social Services, Administration, Principals);

3. Physicians/Hospitals/Clinics (Social Services, Administration, Clinical Staff);

4. Visiting Nurse Association;

5. Mental Health Professionals (Counselors, Psychologists, Psychiatrists, Administration);

6. Comprehensive Emergency Services (Service Staff, Administration);

7. Police (City and State);

8. Family Court (including CASA);

9. Office of the Child Advocate; and

10. Department Vendors (foster parents, group home staff, etc. limited to children presently in their care).

B. The above-named professionals may be given limited verbal information provided their identity is properly verified prior to release and it has been clearly established that they have a need and a right to know such information.

1. Masterfile employees may then only verify that the Department is currently involved and provide the name and phone number of the assigned worker and supervisor or they may verify that the Department is not currently active.

2. No information about previous Department activity or other case related information may be provided by Masterfile employees over the telephone.

3. Any of these professionals who request additional information about a currently active case are referred to the assigned worker or supervisor by Masterfile employees.

4. If they request information about a closed case, Masterfile employees will, without confirming or denying Department activity, instruct them to send a written request with a signed confidential release to Information Systems, Division of Management and Budgeting.

5. All others who call through Masterfile seeking information (such as clients, attorneys, relatives) are informed that such information is confidential and cannot be released over the telephone.

6. If the caller insists on pursuing such information, Masterfile employees may, without confirming or denying Department activity or guaranteeing results, instruct the caller to send a written request to Information Systems, Division of Management and Budgeting and/or leave their name, address, telephone number, and information sought.

1.11.5Child Fatality and Near Fatality Public Disclosures

A. Under most circumstances, information from child abuse and neglect records may not be disclosed to the public. However, if requested, some disclosure of information is permitted in cases in which abuse or neglect of the child has resulted in a child fatality or near fatality.

B. The information that must be disclosed if requested, in compliance with federal law, includes the following:

1. The child's age and gender;

2. The cause of the fatality or near fatality if it has been determined;

3. The date of the fatality or near fatality;

4. The alleged offender's relationship with the child;

5. A summary of any previous child maltreatment reports and investigations;

6. A description of any past or current services offered or provided by the Department; and

7. In the case of a fatality, the name of the child.

C. The Department Director or his or her designee discloses all investigative findings to the Office of the Child Advocate within five (5) business days of the completed investigation when there is a substantiated finding of child abuse or neglect that resulted in a child fatality or near fatality.

214 R.I. Code R. 214-RICR-10-00-1.11

Adopted effective 12/27/2018