12 Colo. Code Regs. § 2509-7.605

Current through Register Vol. 47, No. 11, June 10, 2024

Section 12 CCR 2509-7.605 - [Effective until 7/1/2024] CONFIDENTIALITY

Unless authorized in these rules the use or disclosure of information by the county department concerning current or former clients is prohibited.

7.605.1CONFIDENTIAL 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.

7.605.2PROCEDURES 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.

7.605.21County 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 and citizen review panels 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).

7.605.22Sharing 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".

7.605.23Release 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.

7.605.24Release 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.

7.605.25Release 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 and citizen review panels 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.

7.605.3USE OF CONFIDENTIAL INFORMATION - RELEASE NOT REQUIRED [Eff. 1/1/15]

7.605.31Internal 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.

7.605.32Assessments 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.

7.605.4PERMITTED 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.

7.605.5PENALTY 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.

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