OKDHS.org - OAC 340:75-1-42. Maintaining confidentiality of client information

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340:75-1-42. Maintaining confidentiality of client information

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Revised 6-27-02

(a) Agency records. All Child Welfare (CW) records and information are confidential pursuant to State and Federal statutes and regulations. [10 O.S. § 7005-1.2 - 7005-1.4, 7107, and 45 CFR Part 1340] These statutes mandate that agency records with regard to a child who is or has been under its care, custody, or supervision or to a family member or other person living in the home of such child are confidential. Any record made in the course of an investigation or inquiry by the agency to determine whether a child is or may be deprived is confidential and not open to public inspection. Agency records include any study, plan, recommendation, assessment, report, or other information describing the history, diagnosis, condition, care, treatment, or custody. The contents of the agency's record cannot be disclosed without an order of the court except to certain persons or entities. CW case-specific information is not subject to the Oklahoma Open Records Act. CW's policy is to neither confirm nor deny that any specific child abuse or neglect investigation is in process or that any CW services are being provided to a specific child or family member unless the criteria specified in 75-1-44(f) is met regarding death or near death of a child.

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(b) Adoption records. All papers and records pertaining to adoption are confidential as required by Section 7505-1.1 of Title 10 of the Oklahoma Statutes. The adoption case record includes the child's case file and the adoptive home file. These files are considered an adoption record once they become part of an authorized adoptive placement. [OAC 340:75-15-103] After finalization of the adoption of a child placed by the Department, the adoption record is kept in locked storage in the Children and Family Services Division (CFSD) Adoption Section. All records regarding Adoption Subsidy Assistance are confidential. Non-identifying social and medical history may be released from the State Office adoption record after finalization by State Office. The adoptive family is not identified in any form in the child's birth family record or in reports to the court in the child's juvenile court case. The Oklahoma Commission on Children and Youth (OCCY) has access to information regarding the transition of DHS custody children into adoptive placements from foster care status. These records, however, will be edited by DHS to exclude any information identifying the adoptive parent(s). • 6

(c) Refer to OAC 340:75-1-110 through 340:75-1-120 for rules regarding HIV/AIDS confidentiality and the release of confidential information.

INSTRUCTIONS TO STAFF 340:75-1-42

1. If there is any concern or question about allowing access to or releasing information, the worker consults with the supervisor. The county director and Children and Family Services Division (CFSD) are also available for consultation.

2. All staff members are responsible for ensuring that case information, whether recorded or unrecorded, is treated in a professional manner consistent with the policy in this Section. All paper cases, when not in use, are stored in locked files. Child Welfare (CW) staff are responsible for the physical protection of the local case record. Paper cases regarding employees are kept by the county director in a locked file. On-line computer data regarding employees or their relatives is restricted and only accessible to certain security levels or worker and supervisors currently assigned to the case.

3. Client and case record data stored in computer systems and available through various reports, screen prints and other printouts is confidential and is protected in the same manner as other information. "Passwords" and "sign-on" codes are confidential and are not exchanged among staff or routinely posted. Computers are not left unattended without first entering the "sign-off" code. When a case is accessed, the screen is immediately cleared when desired information is obtained. Under no circumstances is the terminal left, even momentarily, with case information showing on the screen. All data collected and maintained by the Department, is owned by and is the responsibility of the Department, including electronic messages. There is no expressed or implied expectation of privacy for users of any DHS computer network, computer equipment, or other computer resources. All data actions or key strokes of users may be monitored at any time. The person administratively responsible for the computer routinely monitors computer usage in the office and is assured of adherence to the practices described in this Section.

4. Reports of statistical data not identifying any individual family or person, or summaries of situations of such a nature that a person reading such a summary is unable to identify any individual family or person, are not considered confidential and may be released.

5. An emergency or unusual request for the release of case information which is discussed in OAC 340:75-1-42 through 340:75-1-46 is referred to the appropriate CFSD program staff. Additional advice from the Legal Division is sought by CFSD when special or unusual information about an individual client is sought by the courts, public officials, investigative units, or law enforcement officials.

6. If Oklahoma Commission on Children and Youth (OCCY) requests access to adoption records pertaining to a child(ren) in adoptive placement, the CFSD Adoption Section is consulted for direction in processing the request prior to release of any information.

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