(a) Education. Educational training regarding Acquired Immunodeficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) infection is required for all Child Welfare (CW) staff and placement providers.
(b) Services to children not in OKDHS custody. A child who engaged or is engaging in high risk behaviors associated with HIV is referred by CW staff, along with the child's parent(s), to medical providers and counseling when the child or parent(s) believes there is a risk of exposure to HIV.
(c) Services to children in OKDHS custody. Services provided to children in Oklahoma Department of Human Services (OKDHS) custody by the CW worker include, but are not limited to, education, screening and early identification, individualized needs based treatment planning, counseling, placement, and case management, per OAC 340:75-1-115.
(d) Confidentiality. Confidentiality requirements pertaining to communicable disease information about children in OKDHS custody are specified in OAC 340:75-1-114(1)(A) through (D).
(1) Section 1-502.2 of Title 63
of the Oklahoma Statutes (63 O.S. § 1-502.2
) mandates, except as otherwise provided by law, all state records relating to the identity of . . . any person who has or may have any communicable or venereal disease . . . are confidential. 10 O.S. § 7005-1.4
provides OKDHS records, including information regarding any communicable or sexually transmitted disease, pertaining to a child may be inspected and contents disclosed without a court order to certain persons showing proper credentials and pursuant to their lawful duties. HIV-related information about the child, or any person who is a member of the child's case record, may be disclosed to:
(A) the court having the child currently before it in any proceeding pursuant to Title 10 of the Oklahoma Statutes;
(B) a district attorney (DA) and employees of the office of the DA in the course of their official duties pursuant to Title 10 of the Oklahoma Statutes;
(C) the attorney representing a child who is the subject of a proceeding pursuant to Title 10 of the Oklahoma Statutes;
(D) others entitled to access CW records without a court order, per 10 O.S. § 7005-1.4
(E) per 10 O.S. § 7003-5.4
, the placement provider, if this information is known to OKDHS.
(2) Disclosure of the child's HIV serological status is limited to the child's placement provider, court, DA, and child's attorney. CW staff confer with the judge and DA to determine the appropriate method of disclosure of HIV-related information to the court and DA to prevent inadvertent disclosure by inclusion of this information in the child's court file. Others entitled to access to CW records without a court order, per OAC 340:75-1-44
, are provided communicable disease information on a need-to-know basis.
(3) Anyone advised of a person's HIV status, with the exception of the court, DA, or child's attorney, signs and dates the written statement of confidentiality in (A) of this paragraph.
(4) Any CW staff who violates confidentiality is subject to disciplinary action and any criminal sanctions as provided by Oklahoma Statutes.