California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 3 - Department of Rehabilitation
Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE)
Article 6 - Confidentiality
Section 7140.5 - Collection of Information
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The case record shall contain only information which is relevant and necessary to carry out the programs of the Department.
(b) A Client Information Booklet which describes the kinds of information that may be requested from the individual shall be provided and explained to all individuals at the initial interview and shall be annually reviewed with the individual or the individual's representative thereafter. The Client Information Booklet shall contain:
(c) To the greatest extent practicable, information shall be collected directly from the individual, who is the subject of the information rather than from another source.
(d) The individual's informed, written consent, using the DR 260 (REV. 01/18) Consent to Release and Obtain Information, incorporated by reference, to obtain personal information, shall, as appropriate, be required for each request to a third party to obtain personal information about an individual including, but not limited to:
(e) During the initial interview and whenever necessary, the Counselor shall obtain the individual's written consent using the DR 260 (REV. 01/18) Consent to Release and Obtain Information, incorporated by reference, to contact each source of information about the individual. Each release form shall:
(f) In addition to the above, the DR 260 (REV. 01/18) Consent to Release and Obtain Information must include a specific authorization from the individual to the provider of health care to allow the release of the information to the Department.
(g) Medical, psychological, and work evaluation examinations and information created by the provider at the request and expense of the Department do not require a consent signed by the individual to release such information to the Department, except medical information relating to HIV or AIDS.
(h) The source of any information shall be identified in the case record unless the source is the individual. If the source is an entity such as a governmental agency, a corporation, an association, or an individual, this requirement can be met by maintaining the name of the entity so long as the smallest responsible unit of that entity is reasonably identified.
(i) Except as provided in section 7141.5, information in the case file shall remain in the file until the case is destroyed. No information in the case record shall be removed, destroyed, or altered for purposes of avoiding compliance with these regulations. The following information may be purged from the case record and destroyed:
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code; and Section 1798.30, Civil Code. Reference: 5 USC Section 552a; 42 USC Section 290dd-2; 42 CFR Sections 2.33, 2.51, 2.52, 2.61 and 2.63; 34 CFR Section 361.38; Sections 56.10, 56.11, 56.13, 56.15 and 1798.14-1798.23, Civil Code; and Sections 19005 and 19011, Welfare and Institutions Code.
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code; and Section 1798.30, Civil Code. Reference: 5 USC Section 552a; 42 USC Section 290dd-2; 42 CFR Sections 2.33, 2.51, 2.52, 2.61 and 2.63; 34 CFR Section 361.38; Sections 56.10, 56.11, 56.13, 56.15 and 1798.14-1798.23, Civil Code; and Sections 19005 and 19011, Welfare and Institutions Code.
