Ariz. Admin. Code § 6-5-7427

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-5-7427 - Confidentiality

A. Except as otherwise allowed by law, a licensee's records concerning children in care and their families are confidential, and the licensee shall not disclose or knowingly permit the disclosure of confidential information.

B. A licensee shall have written policies and procedures for keeping records secure, in a manner that preserves confidentiality and prevents loss, tampering, or unauthorized use. The policies and procedures shall:

1. Be consistent with any laws applicable to the specific records at issue; and

2. Cover the following:

a. The form in which children's records are maintained and stored;

b. Identification of the staff who:

i. Supervise the maintenance of records,

ii. Have custody of records, and

iii. Have access to records;

c. The persons to whom records may be released and under what circumstances records may be released, including release of information to custodial and non-custodial parents and guardians;

d. Photography, audio or audio-visual recording, and public identification of children; and

e. Participation of children or use of children's records in data research.

C. Before using personally identifiable information for publicity, fundraising, or research, a licensee shall obtain:

1. A written consent to release, as prescribed in subsection (E), from the child who is the subject of the information, if developmentally appropriate; and

2. A written consent to release, as prescribed in subsection (E), from the child's placing agency or person; or

3. Written authorization from the court, if the child is a ward of the court.

D. A licensee may release personally identifiable information about a child or family to persons who require the information to treat or provide services to the child unless the release is prohibited by law.

E. A consent to release shall include the following information:

1. The name of the person or agency to whom the information is to be released;

2. A description of the information to be disclosed;

3. The reason for disclosure;

4. The expiration date of the consent, not to exceed six months from date of signature; and

5. The dated signature of the person authorizing the release.

F. Notwithstanding any other provision of this Article, in a medical emergency, the licensee shall promptly release information from a child's record to persons who require the information to treat the child.

G. A licensee may withhold information if, in the judgment of the professional person treating the child, or the agency's program director, the release of information would be contrary to the child's best interests, unless the release is:

1. Ordered by a court,

2. Mandated by federal or state law,

3. Required by the licensee's agreement with the placing agency or person, or

4. Required by the Department to assess the licensee's compliance with the law.

H. If a licensee withholds information pursuant to subsection (G), the licensee shall:

1. Document, in the child's record, the reason for withholding the information;

2. Advise the person who requested the information that the person may grieve the withholding pursuant to the licensee's internal grievance process adopted in accordance with R6-5-7429.

Ariz. Admin. Code § R6-5-7427

Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).