Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Division shall not disclose any of the
following to any person, including clients, former clients, parents or guardians of
current or former clients, and third parties:
1.
Any third-party report, unless the Division receives prior written consent from the
third party and release is not prohibited by law or regulation;
2. Any record containing information identifying a
third-party source of information, for example, reporter, other family member, or
collateral contact, unless the Division receives prior written consent from the
third party and disclosure is not prohibited by law or regulation;
3. Unredacted, confidential information about
another person, except with the express written consent of the other person and when
not prohibited by law or regulation; or
4. Information, which would, if disclosed to the
client, be likely to endanger any person's life or safety as based on the client's
known past behavior and threats against himself, herself, or others. The Division
representative shall base the determination on the Division representative's and his
or her supervisor's evaluation of the nature and seriousness of the case and an
assessment of the client's propensity for violence and harm to the child and
others.
(b) When the Division
seeks to use a third-party report to process a residential placement or other
service, or apply for government benefits, the Division shall inform and obtain the
consent of the third party at the time of request that the information may be
disclosed to others to obtain a needed service or government benefit.
(c) The Division shall disclose third-party
reports to an agency or person who is subject to standards of confidentiality
comparable to those of the Division, such as a physician, psychotherapist, health
agency, or mental health agency, when:
1. The
Division has guardianship or custody of the child;
2. Disclosure of the information is necessary for
the child's or parent's care, treatment, or supervision;
3. Disclosure is not prohibited by law or
regulation;
4. The Division has
considered the risk of harm to the child and others; and
5. The third party has given his or her consent,
in accordance with (b) above.
