Approval: Jennifer Strus, Assistant Secretary
Original Date: September 1, 1991
Revised Date: September 12, 2016
Policy Review: June 30, 2020
Purpose
To preserve and protect the confidentiality of children and families served by Children’s Administration (CA).
Scope
This policy applies to all CA staff.
Laws
RCW 13.50 Keeping and Release of Records by Juvenile Justice or Care Agencies
RCW 74.04.060 Records, Confidential – Exceptions – Penalty
25 U.S.C § 1951 Information availability and disclosure by Secretary of the Interior
25 U.S.C § 1912 (c) Pending Court Proceedings: Examination of reports or other documents
25 CFR Part 23 Bureau of Indian Affairs ICWA Regulations
Policy
The CA caseworker will:
- Disclose without consent or release:
- The following information to a federally recognized tribe(s) when the child meets the definition of Indian child for the tribe requesting the records:
- Entry of an order, by a state, federal, or tribal court with jurisdiction over the parties and the subject matter, that requires or authorizes CA, child care and placement agencies, or CA contractors to disclose confidential information
- Intake information
- CPS Investigation Findings
- Requests for verification of a child’s membership status with a tribe.
- The following information to non-federally recognized tribe(s), Canadian First Nations, or a federally recognized tribe(s) for children who do not meet the Indian child definition in two circumstances:
- When asking for assistance in locating a relative or other placement resource for the child, limit information disclosed about the child who is in out-of-home-placement to the following:
- The child’s and parent’s name.
- The child’s gender and age
- The child’s grade in school
- The child’s special needs, if applicable
- Court name, hearing date and location.
- When asking if the tribe can provide services or support to the child or family, limit information disclosed about the child who is in out-of-home-placement to the following:
- The child’s and parent’s name.
- The child’s gender and age
- When asking for assistance in locating a relative or other placement resource for the child, limit information disclosed about the child who is in out-of-home-placement to the following:
- A tribe must keep all information received confidential. 25 CFR 23.107(6)(d)
- The following information to a federally recognized tribe(s) when the child meets the definition of Indian child for the tribe requesting the records:
- Disclose with consent or release:
- If CA works on a case involving a family affiliated with a non-federally recognized tribe or Canadian First Nations, the CA caseworker must not violate confidentiality requirements. In these cases information, when not limited to 1 (b) (i) or 1 (b) (ii) above, can only be shared when:
- Provided a signed Written Consent DCYF 14-012 or Authorization DCYF 17-063 by the person who is the subject of the confidential information
- The tribe successfully intervenes in the court action by filing a motion for permissive intervention.
- If CA works on a case involving a family affiliated with a federally recognized tribe and the child does not meet the definition of Indian child, the CA caseworker must not violate confidentiality requirements. In these cases, information when not limited to 1 (b) (i) or 1 (b) (ii) above can only be shared when:
- Provided a signed Written Consent DCYF 14-012 or Authorization DCYF 17-063 by the person who is the subject of the confidential information
- The tribe successfully intervenes in the court action by filing a motion for permissive intervention.
- If CA works on a case involving a family affiliated with a non-federally recognized tribe or Canadian First Nations, the CA caseworker must not violate confidentiality requirements. In these cases information, when not limited to 1 (b) (i) or 1 (b) (ii) above, can only be shared when:
- Follow DSHS Administrative Records and Privacy Information Policy No. 5.01.
- Follow Case Services Confidentiality policy when disclosing information about HIV Infection and Sexually Transmitted Diseases.
- Follow Adoption Process and CA ICW policies and procedures Chapter 8. ICW Adoption:
- For prospective adoptive parents.
- When receiving a request for case information from an adopted Indian individual.
- Follow CA Operations Manual Record Accuracy, Privacy and Disclosure policy when receiving any disclosure request on a closed case.
- File all releases in the ICW tab of the case file and document all contact(s) with the tribe(s) and activities in FamLink.
- Send the requested information in envelopes marked "Confidential" a tribe must keep all information received confidential. 25 CFR 23.107(6)(d)
Forms
Resources
- Washington State Tribes and CA Memoranda of Understanding
- The CA caseworker should consult with the Attorney General's Office or other DSHS legal representative if questions arise regarding confidentiality or disclosure of information.