Confidentiality and Interagency Sharing of Juvenile Information Presented by Amanda Jones, JD Legislative Coordinator Harris County Office of Legislative Relations

Basic Questions Is the information sought confidential? What type of information is it? Is my agency authorized to receive information? Do I need the information in my official duty to serve the child? What can I use the information for? (Use) Can I share the information with other entities? (Re-disclosure)

Goals of Information Sharing Eliminate duplication of services; Coordinated delivery of services; Research (Aggregate de-identified); Program evaluation; What are my program’s desired outcomes?

Federal Privacy Laws FERPA – Family Educational Records Privacy Act. HIPAA – Health Insurance Portability and Accountability Act. CAPTA – Child Abuse Prevention & Treatment Act.

Get Appropriate Consent from Parent, Guardian, etc. Cardinal Rule: Get Appropriate Consent from Parent, Guardian, etc.

Education Records under FERPA Student Directory Information is usually not confidential. “Education records” are “records, files, documents, etc that contain information directly related to student that are maintained by school or person acting on behalf of school.”

SB 1106: Access to Education Records Enacts FERPA’s Juvenile Justice Exception. “Juvenile Service Provider” provides juvenile justice or prevention, medical, educational, or other support services to a juvenile. Student, at least aged 10 years but younger than 18 years, involved in the juvenile justice system: Taken into custody or Referred to a juvenile court. Disclosure relates to the juvenile justice system’s ability to serve juvenile prior to adjudication.

SB 1106: Access to Education Records The request for information must be made prior to adjudication. Limited use = treatment; delinquency prevention. Receiving agency must certify in writing that it will maintain confidentiality of information. No re-disclosure except to a juvenile service provider. Disclosing agency must keep record of each disclosure. Destruction – statute is silent. (Would info be subject to Order to Seal?)

SB 1106: Access to Health Records Juvenile Service Provider that provides health services, including case management. Excludes psychological clinical notes and substance abuse treatment information. “Multi-system youth” – youth, younger than 19 years of age, served by more than 1 juvenile service provider. Limited use = identify; coordinate care; or quality assurance. Receiving agency must maintain confidentiality of information. No Re-disclosure. Disclosing Agency must keep record of each disclosure (who received info and what was received.)

HB 300 New State HIPAA Requirements Please review HB 300 as it may impact any entity that handles health information. Mandatory compliance date is 9/1/12.

Child Protective Services Records Local governmental entity may receive CPS information if it needs the information to carry out its responsibilities under law to protect children from abuse and neglect. Receiving agency must maintain confidentiality. No re-disclosure.

Dept of Public Safety (DPS) Records SB 1106 gives county, justice, or municipal courts exercising jurisdiction over a juvenile access to DPS system.

The Difference Between Privacy and Security Limiting individuals who have access to confidential information; Use technology to protect information from 3rd parties (encryption; read-only, etc);

Recommended Uniform Consent Form Uniform Notification of Privacy Practices Memorandum of Understanding to share information (including FERPA certifications) Business Associate Contracts