2.50.1 Providing Confidential Records to Tribes

Original Date: September 1, 1991

Revised Date: July 1, 2024

Sunset Review Date: July 31, 2028

Approved by: Tleena Ives, Office of Tribal Relations Director

Purpose

The purpose of this policy is to provide guidance on protecting and safeguarding the privacy and confidential information of children when there is reason to know they are or may be Indian children and their families whom the Department of Children, Youth, and Family (DCYF) serves.

Scope

This policy applies to child welfare (CW) employees.

Laws

RCW 13.50.100 Records not relating to commission of juvenile offenses-Maintenance and access-Release of information for child custody hearings-Disclosure of unfounded allegations prohibited

RCW 26.44.030 Reports-Duty and authority to make-Duty of receiving agency-Duty to notify-Case planning and consultation-Penalty for unauthorized exchange of information-Filing dependency petitions-Investigations-Interviews of children-Records-Risk assessment process

RCW 74.04.060 Records, confidential-Exceptions-Penalty

25 U.S.C. § 1912c Pending court proceedings: Examination of reports or other documents

42 U.S.C. § 671 State plan for foster care and adoption assistance

42 U.S.C. § 5106a Grants to States for child abuse or neglect prevention and treatment programs

Policy

Caseworkers must provide the following to tribes:
1. When they are not participating in court hearings but request to be involved in cases where DCYF and the tribes have a child in common:
  1. Case records pertaining to children when there is reason to know the children are or may be Indian children as described in the Procedures section.
  2. Case records pertaining to children:
    1. Identified as Indian children by a federally recognized tribe.
    2. Affiliated with Canadian First Nations or non-federally recognized tribes and authorized by their parents, otherwise only case records pertaining to them as described in the Procedures section.
2. Discovery case records, in collaboration with discovery workers, if applicable, when any tribe or Canadian First Nation intervenes or participates in court-involved cases.

Procedures

CW employees must:

Provide known tribes with case records pertaining to children when:
1. They have been verified as being Indian children.
2. There is reason to know children are or may be Indian children during:
  1. Court proceedings when tribe has been made a party to the case by the court or allowed to participate in the case by the court according to any limitations imposed by the court.
  2. Child Protective Services (CPS) investigations, or when Family Assessment Response (FAR) services are being provided, prior to a court proceeding, or when tribes are not participating in a court proceeding that:
    1. Can be used to verify the children’s’ tribal membership as determined by tribes.
    2. Assist the tribes in participating as a partner in the investigations and case planning.
    3. Fulfills the active efforts requirement.
3. Children are affiliated with a non-federally recognized tribe or Canadian First Nation after either:
  1. The tribe has been made a party to the case by the court according to any limitations imposed by the court.
  2. Their parents or guardians have signed their approval on the Consent DCYF 14-012 or Authorization DCYF 17-063 forms. If parents or guardians refuse to sign a consent form, provide only those records that are necessary to work with the tribe to:
    1. Locate relatives or other placement resources, including the:
      1. Children’s’ first and last names, genders, ages, grades in school, and special needs, if applicable.
      2. Parents’ names.
      3. Name of the court, hearing date, and location.
    2. Provide services or support to the children or families, including the:
      1. Children’s first and last names, genders, and ages.
      2. Parents’ names.
Follow:
1. The timeframes for providing information pertaining to the children to tribes in the following policies:
2. The DCYF Administrative 7.01 Employee Safety and Security and Child Welfare Bloodborne Pathogens and Other Potentially Infectious Diseases policy when disclosing information pertaining to bloodborne pathogens.
3. DCYF Administrative policies:
  1. 13.04 Protecting Privacy and Confidential Information, when disclosing private and confidential information.
  2. 13.05 Public Records Request and Disclosure, when responding to public disclosure requests on closed cases, including requests from the tribes.
  3. 13.06 Records Management and Retention Procedures, when managing and retaining case records pertaining to children who are or may be Indian children.
Send case records to the tribes in either hard copy via mail stamped confidential, secured fax, or secure email, as outlined in the DCYF Administrative 12.04 Acceptable Use of Information Technology Resources and the Internet policy.
Follow the Child Welfare Documentation policy for documenting all ICW related communications and activities into FamLink including:
1. Efforts to provide case records to the tribes.
2. Uploading signed Consent DCYF 14-012 or Authorization DCYF 17-063 forms.