Confidentiality

Confidentiality is the protection and non-disclosure of information.

Maintaining confidentiality is an important responsibility of foster parents and caseworkers. Information is shared between the Department and foster parents in order to provide the best care for a child and to facilitate understanding.

Confidential information should not be shared with other people except in specific situations or as directed by a caseworker.

Benefits of Confidentiality

Children and families feel supported and respected and develop trust with foster parents and caseworkers when they experience those people protecting their privacy.

• It is easy for a child or family to lose trust when they overhear conversations about themselves or when confronted with confidential information from someone who should not have that information.

• When confidentiality is respected, families can more easily become motivated to share information, get support and do the work they need to do for their children and family.

Confidentiality Defined:
Title 22 MRSA, Chapter 1071, Section 4008 defines confidentiality of records: All Department records which contain personally identifying information and are created or obtained in connection with the Department’s child protective activities and activities related to a child while in the care or custody of the Department are confidential.

Confidentiality Defined: Release of Information to Foster Parents

Section 4008 states: "The Department may disclose information in the records to the following persons…A person having the legal responsibility or authorization to educate, care for, or supervise a child, parent, or custodian who is subject of a record…"

Confidentiality Defined: Release of Information to Others

…"This includes a member of a treatment team or group convened to plan for or treat a child or family that is the subject of a record. That may also include a member of a support team for foster parents, if that team has been reviewed and approved by the Department;"…

Caseworker Confidentiality

Caseworkers share all of the same confidentiality requirements as foster parents as well as some additional requirements. For example, substance abuse treatment records and HIV status of a family member are protected by special laws and cannot be released without permission of that family member or a court order.

Other Information Protected by Statute

Adoption records
Reporters requesting confidentiality
AMHI/BMHI and psychiatric records
Police reports in ongoing investigations
Non-conviction data on SBI reports

Confidentiality defined: Information from foster parents
Chapter 16: Rules Providing for the Licensing of Child Foster Homes defines what information foster parents can release concerning a child in their care, "Foster parents shall keep information about a foster child’s previous history and family members confidential and provide such information only to therapists, physicians, social workers and educators or others as directed by the Department…"

Tips for foster parents

• Keep records in a safe private place.
• Don’t discuss confidential information with your family and friends.
• Use care in public places and when leaving messages on answering machines.
• Protect the identity of your foster child and his or her family when talking with other foster parents.
• Use non-identifying language when talking on a cordless or cell phone.
• When in doubt, consult with the child’s caseworker.

When in Doubt...

Talk to your caseworker or supervisor before releasing any information. You don’t have to make these decisions alone.

Title 22 MRSA, Chapter 1071, Child and Family Services and Child Protection Act
Sections 4008 and 4033 (5).

Title 5 MRSA, Chapter 501, Medical Conditions
Section 19203, Confidentiality of HIV test

http://janus.state.me.us/legis/statutes/

Chapter 16: Rules Providing for the Licensing of Family Foster Homes for Children. Department of Health and Human Services. (Chapters 15 and 16)

http://www.state.me.us/sos/cec/rcn/apa/10/chaps10.htm

Child and Family Services Policy Manual. Department of Health and Human Services.

Sections
IV. K
V. I-6
XI. Q
VIII. B

http://www.state.me.us/dhs/bcfs/policy/policy.htm

A Handbook for Foster Parents

Department of Health and Human Services. pp I. 29-32.

Fundamentals of Adoptive and Foster Parenting: A Whole New World, Child Welfare Training Institute