Unless authorized in these rules the use or disclosure of
information by the county department concerning current or former clients is
prohibited.
7.605.1
CONFIDENTIAL
INFORMATION PROTECTED [Eff. 1/1/15]
A.
County departments shall treat all information as confidential according to
applicable statutes, including, but not limited to, the following:
1. Names and addresses of current or former
clients and services provided;
2.
Information related to the social and economic conditions or circumstances
concerning any individual including wage or income information or
correspondence obtained from any source including state or federal
agencies;
3. Agency evaluation of
information about any individual;
4. Medical, psychological, or social
evaluations including diagnosis or past history of disease, or disability of
any kind; and,
5. The name,
address, and any other identifying information of the reporting party in an
abuse and/or neglect referral.
B. All confidential information shall be
sorted and processed so that there are safeguards to ensure no unauthorized
personnel can acquire or retrieve the information.
C. When the use of any and all records
obtained, created, or used are no longer needed, they shall be destroyed or
returned. Destruction shall be in a secure manner, such as shredding.
7.605.2
PROCEDURES FOR
RELEASE OF CONFIDENTIAL INFORMATION [Eff. 1/1/15]
A. County departments shall obtain written
permission from the individual or family for the release of information, unless
such release is otherwise authorized in these rules or by law or unless the
referring agency has already secured written permission.
B. The release or use of information
concerning current or former clients shall be restricted to persons or agency
representatives who are subject to standards of confidentiality that are
comparable to those of the state and county departments.
C. County departments shall apply these rules
to requests for information from such groups or individuals as legislators,
governmental authority, the courts, or law enforcement officials, as from any
other source. Whenever there is a question about the legality of releasing
information to persons seeking information from the county department, the
requestor shall be advised to request the court to require the county
department to produce the desired records or information within the custody or
control of the county department.
7.605.21
County Responsible for
Processing Inquiries Concerning Abuse and/or Neglect Referrals [Eff.
1/1/15]
The county department that entered the founded report of
abuse and/or neglect shall process all inquiries submitted by the following
types of entities or individuals:
A.
Departments of human or social services, Court-Appointed Special Advocate
Program (CASA), the courts or individuals authorized to review records and
reports of abuse and/or neglect;
B.
Individuals or child placement agencies approved to conduct home studies for
out of home placement providers;
C.
Governing bodies for the purposes of carrying out their duties; and,
D. Inquiries from individuals who have been
involved with the county department requesting a copy of the information
pertinent to himself or herself or as having the legal responsibility or
authorization to care for, treat, or supervise a child who is the subject of a
report or record. The exception to this is employment and volunteer related
background check inquiries (see sections 7.605.22, C and
7.701.32).
7.605.22
Sharing of Confidential Information Between Governmental Agencies -
Administrative Reviews [Eff. 1/1/15]
A.
County departments shall share appropriate information with other human or
social services agencies and community professionals who care for, treat, or
supervise a child to ensure coordination of services and protection of the
child. Agencies or individuals receiving the information must have a need to
know the information for the purposes of investigations and case management in
the provision of services or the administration of their respective programs.
County departments shall require that these agencies and persons have
confidentiality standards. Release of information shall be obtained, when
required.
B. Individuals
participating in a kinship, foster care, or alternative service review of a
child at the invitation of the county department shall be considered as part of
the administration of the child welfare services program for purposes of
handling confidential information. The role of such persons is to contribute
information essential to the delivery of services to the child and the child's
family. Information concerning the child and the child's family shall be
considered confidential by all parties to the review system. Releases of
information shall be obtained, when required.
C. Provisions for employment and volunteer
related background check inquiries will be followed as outlined in section
7.701.32 "Use of Reports and Records of Child Abuse or Neglect for Background
and Employment Inquiries".
7.605.23
Release of Confidential
Information in Court Proceedings - Reporting Party [Eff. 1/1/15]
A. In a criminal or civil proceeding in which
the county case record is subpoenaed or any county representative is ordered to
testify concerning a current or former client, the court shall be advised
through proper channels of the statutory provisions, policies, or rules and
regulations concerning disclosure of information. Confidential information
shall not be released in a judicial proceeding unless so ordered by the
court.
B. Confidential information,
such as the identity of the reporting party, shall not be released in a
judicial proceeding unless so ordered by the court.
7.605.24
Release of Confidential
Information to Clients [Eff. 1/1/15]
County departments shall define in writing and submit to the
State department a process by which clients and former clients may obtain
access to their case records. The following elements shall be included in the
process:
A. Designated source
(individual and position) within the county department who will handle client
requests for records access;
B.
Directions for maintaining a record of the requests;
C. Time frames for responding to
requests;
D. Directions for
individuals requesting access to records;
E. How editing is to occur and by whom
(removal or reporting party information; removal of other confidential
information which is protected by law);
F. Charges involved for the requestor;
and,
G. Warning regarding the
sharing of confidential information by the requestor.
7.605.25
Release of Confidential
Information for Conflict Resolution Purposes [Eff. 1/1/15]
For purposes of carrying out the conflict resolution duties
as set forth in section
19-3-211, C.R.S., county governing
bodies shall be given access to child abuse and/or neglect records or reports
related to specific grievances under their purview. County departments shall
ensure that members understand the confidential nature of such
information.
7.605.3
USE OF CONFIDENTIAL INFORMATION - RELEASE NOT REQUIRED [Eff.
1/1/15]
7.605.31
Internal Inquiries [Eff. 1/1/15]
County departments shall perform inquiries into the state
automated case management system for information pertaining to their own
internal county department operations, including, but not limited to:
A. Investigations and assessments of
allegation of abuse and/or neglect;
B. Certifying individuals as county kinship
providers, county foster and/or adoptive homes; and,
C. Screening of county department employees
and volunteers if such persons' responsibilities include direct contact with
children.
7.605.32
Assessments of Known or Suspected Incidents of Child Abuse and/or Neglect
[Eff. 1/1/15]
County departments shall provide child abuse and/or neglect
records and reports to the law enforcement agency, district attorney, coroner,
or county department investigating or assessing a report of a known or
suspected incident of child abuse and/or neglect or treating a child or family
which is the subject of the report.
7.605.4
PERMITTED USES OF CONFIDENTIAL
INFORMATION [Eff. 1/1/15]
To the extent county departments may access and use
confidential information as described above, such access and use is permitted
only for purposes directly connected with the administration of child welfare
programs and related State Department activities which include:
A. Administration of county child welfare
programs:
1. Establishing of
eligibility;
2. Determining amount
and type of services to be provided; and,
3. Providing services.
B. Any investigation, prosecution, or
criminal or civil proceeding in connection with the administration of the
program.
C. Any records or reports
that are unconfirmed may only be used to assist in future risk or safety
assessments.
7.605.5
PENALTY FOR UNAUTHORIZED RELEASE [Eff. 1/1/15]
Any person who willfully permits or who encourages the
release of data or information related to abuse and/or neglect contained in the
state automated case management system to persons not permitted access to such
information, commits a Class 1 misdemeanor and shall be punished as provided in
Section 18-1.3-501,
C.R.S.
Notes
12 CCR 2509-7.605
38
CR 19, October 10, 2015, effective 11/1/2015
38
CR 23, December 10, 2015, effective 1/1/2016
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 21, November 10, 2017, effective
12/1/2017
45
CR 07, April 10, 2022, effective
4/30/2022
45
CR 15, August 10, 2022, effective
9/1/2022
46
CR 09, May 10, 2023, effective
6/1/2023
47
CR 11, June 10, 2024, effective
7/1/2024
