12 CCR 2512-2-12.201.2 - Confidentiality Requirements [Rev. Eff. 10/1/18]

All programs funded wholly or in part by DVP shall have the following written operations and administrative policies, in place to ensure protection of confidential client communications:

A. Training for employees and volunteers who provide domestic violence advocacy or have access to personally identifying client information to receive fifteen (15) or more hours of domestic violence-related training, per Section 13-90-107, C.R.S., prior to providing advocacy or having access to personally identifying client information.

B. Protecting confidential client advocacy communications to minimally include maintenance and destruction of, and access to the following records by individuals qualified per Section 12.201.2, A., above unless a funded program has received express written consent of the client to release non-aggregated personally identifying information to a third party:

1. Client and case file records;

2. Electronic data collection systems;

3. Electronic client communications such as e-email and text messages;

4. Communication logs domestic violence advocates use to communicate among each other;

5. Domestic violence advocacy or counseling meeting notes;

6. Client communications through an interpreter or translator; or,

7. Any other documents or materials produced by the program containing personally identifying client information.

C. Responding to subpoenas directing an employee or volunteer to testify or directing access to confidential client communications in B., above.

D. Making mandatory reports of known or suspected child maltreatment in accordance with statute.

E. Responding to the following circumstances within the confines of confidential client communications:

1. Client request for release of information to a third party;

2. Client medical emergencies when the client is unable to give consent for summoning emergency medical services;

3. Situation where a client is determined to pose a danger to self or others;

4. Known or suspected client criminal activity or behavior;

5. Law enforcement request for residential facility access to serve a warrant or subpoena on a client; and,

6. Working with county and court officials, such as a guardian ad litem, when a family is involved with child protection or custody matters;

F. Establishing a separate set of confidentiality, mandatory reporting, and duty to warn parameters for employees or volunteers acting within other professional standards such as attorneys, licensed social workers or licensed or unlicensed counselors, and parameters for required disclosures of such obligations to clients.

Notes

12 CCR 2512-2-12.201.2

38 CR 23, December 10, 2015, effective 1/1/2016 40 CR 11, June 10, 2017, effective 7/1/2017 41 CR 17, September 10, 2018, effective 10/1/2018 42 CR 01, January 10, 2019, effective 2/1/2019 44 CR 13, July 10, 2021, effective 8/1/2021