NCJ Number
60016
Date Published
1979
Length
8 pages
Annotation
CONFIDENTIALITY ISSUES WHICH RELATE TO STATES' CHILD PROTECTIVE SERVICES (CPS) INCLUDING ACCESS TO RECORDS, EXPUNGEMENT, FEEDBACK TO REPORTERS, MULTIDISCIPLINARY TEAMS, AND POLICE INFORMATION REQUESTS ARE DISCUSSED.
Abstract
AS AN OUTGROWTH OF THE FREEDOM OF INFORMATION ACT AND THE FEDERAL PRIVACY ACT, SEVERAL STATES HAVE ENACTED PRIVACY LAWS WHICH VARY IN STATUTE BUT WHICH OFFER SOME SOLUTIONS TO THE LEGAL ASPECTS OF ISSUES THAT SOCIAL WORKERS BEEN DEBATING. CERTAIN PROBLEM AREAS REMAIN, HOWEVER, HAVE BEEN DEBATING. CERTAIN PROBLEM AREAS REMAIN, HOWEVER. THESE INCLUDE GUARDING AGAINST UNAUTHORIZED DISCLOSURE AND THE FAMILY'S RIGHT TO ACCESS TO INFORMATION MAINTAINED ABOUT THEM, TO INCLUDE THEIR OWN PERCEPTIONS OF INCIDENTS AND OF THEMSELVES IN THE RECORD, AND TO KNOW WHO IN THE COMMUNITY WILL BE CONTACTED FOR INFORMATION. THE CASE WORKER AND SUPERVISOR SHOULD FOLLOW CERTAIN PROCEDURES REGARDING RECORD OR CASE FILE EXPUNGEMENT. REPORTERS OF SUSPECTED CHILD ABUSE AND NEGLECT SHOULD BE PROVIDED WITH INFORMATION WHICH LETS THEM KNOW THAT A RESPONSE HAS BEEN MADE TO THE REPORT. THIS PROCEDURE WILL ENSURE THAT POTENTIAL REPORTERS WILL NOT FEEL THAT 'NOTHING HAPPENS' WHEN A REPORT IS MADE. ISSUES OF CONFIDENTIALITY SHOULD NOT OBSTRUCT INFORMATION SHARING WITHIN MULTIDISCIPLINARY TEAMS PROVIDED CASES ARE NOT IDENTIFIED BY NAME, CONFIDENTIALITY AGREEMENTS ARE SIGNED BY TEAM MEMBERS, AND THE CLIENT CONSENTS TO INFORMATION RELEASE. DISCLOSURE OF INFORMATION TO POLICE SHOULD BE IN THE BEST INTERESTS OF THE CHILD, SHOULD BE USED FOR PURPOSES RELATED TO GOALS OF THE CHILD PROTECTIVE SERVICES, AND SHOULD ENSURE PRESERVATION OF THE CONFIDENTIAL CHARACTER OF THE INFORMATION. FOOTNOTES ARE INCLUDED IN THE PAPER. (LWM)