18 Miss. Code. R. 6-1-A-I-XVIII
The Social Security Act requires that DFCS provide safeguards which restrict the use or disclosure of information concerning applicants and recipients of AFDC, Medicaid, child support or social services to purposes directly connected with the administration of the programs. These regulations also specify that information can be shared with programs administered under Titles IV-A, IV-B, IV-D, IV-E, XIX, XX, XVI and any federal or federally assisted program which provides assistance, in cash or in-kind, or services directly to individuals on the basis of need. Subject to section 471(c), DFCS has safeguards restricting use of or disclosure of information concerning individuals assisted under the state plan to purposes directly connected with:
* the administration of the Title IV-E plan or any of the state plans or programs under Parts A, B or D of Title IV or under Titles I, V, X, XIV, XVI, XIX or XX, or the supplemental security income program under Title XVI; and
* any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such plan or program; and
* the administration of any other federal or federally assisted program which provides assistance (in-cash or in-kind) or services directly to individuals on the basis of need; and
* any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency authorized by law to conduct such audit or activity.
The safeguards provided prohibit the disclosure to any committee or legislative body (other than an agency referred to in section 471(a)(8)(D) with respect to an activity referred to in such clause) of any information which identifies by name or address any applicant for or recipient of assistance under Title IV-E of the Act.
DFCS shall have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to section 471(a)(20)(C) from being used for a purpose other than the conducting of background checks in foster and adoptive placement cases.
DFCS shall have in place safeguards which only allow the disclosure of information pursuant to 471(a)(34)(A) to the appropriate authorities with respect to children or youth identified in 471(a)(9)(C)(i)(I) of the Act who have been identified as being a sex trafficking victim and the disclosure of information pursuant to 471(a)(35)(B) to appropriate authorities with respect to children identified in 471(a)(9)(C)(i)(I) of the ACT who are missing or abducted.
In the use of child welfare records in state court proceedings, section 471(a)(8) of the Act shall not be construed to limit the flexibility of a State in determining state policies relating to public access to court proceedings to determine child abuse and neglect or other court hearings held pursuant to Title IV-B or Title IV-E of the Act, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and family.
Electronic and printed information shall be protected against intentional and unintentional destruction or modification and unauthorized disclosure or use.
Confidentiality of records involving children is established by State law in the Youth Court Act in MISS. CODE ANN. §§ 43-21-257, 43-21-259, 43-21-261 and 43-21-267. Excerpts of these sections pertinent to DFCS appear below.
MISS. CODE ANN. § 43-21-257. Agency Records
MISS. CODE ANN. § 43-21-259.Confidentiality of Other Records Involving Children
All other records involving children and the contents thereof shall be kept confidential and shall not be disclosed except as provided in MISS. CODE ANN. § 43-21-261.
The release of child-specific information will be limited to individuals, agencies, and organizations which demonstrate a "need and right to know" for the purpose of providing services to the child. These individuals, agencies, and organizations include:
* Placement Resources
* Educational providers
* Medical/Dental providers
* Mental Health providers
It is important to note that any person or entity provided access to child-specific information under this policy shall be required to maintain the information in accordance with state and federal laws and regulations regarding confidentiality. (MISS. CODE ANN. §§ 43-21-261 and 43-15-21).
DFCS workers shall maintain, in the appropriate case file, a current photograph of each foster child. Along with current photograph, a photo or written description of all distinguishing marks, tattoos or "any" other body modification shall also be maintained in their case file. Photos shall not be taken of child/youth's private areas by DFCS staff
Current photographs of foster children may be released to law enforcement officials, the county or district attorney, the court and the National Center for Missing and Exploited Children (NCMEC) in order to protect the child from abuse, neglect or other harm.
All photographs including videos, media presentations, and publications of foster children are covered under the confidentiality law (MISS. CODE ANN. §§ 43-21-261and 43-15-21).
* A foster child's face may not be shown, unless there has been a termination of the child's parent's rights (TPR).
* A general group setting is permissible, if all of the children's parent's rights have been terminated.
* A child may not be identified as a foster child, unless the situation involves a recognition or honor of the child, then only with approval of the DFCS Worker , the Worker's Area Social Worker Supervisor (ASWS), the natural parents if TPR has not been achieved and the Guardian AD Litem (GAL).
* A foster child may not be interviewed nor any photographs of him/her published in the DFCS annual report, or any document or publication which would be used as a marketing tool.
* If the Worker agrees that the interview is in the best interest of the child, foster children, 14 years and older, may be interviewed with the written consent of the DFCS COR Worker and ASWS, the birth parents (if TPR has not been achieved) and the GAL.
* The interview must be coordinated with the DFCS Worker and one of the following people must be present during the interview: the Worker, Resource Parent(s), a representative of the private agency if applicable, and the GAL.
Disclosure of Records, Refer to MISS. CODE ANN. § 43-21-261
The Child Abuse Prevention and Treatment Act (CAPTA), as amended ( 42 U.S.C. 5101 et seq.) requires disclosure of certain information related to child fatalities and near fatalities which occurred as a result of abuse or neglect. A "near fatality" is defined under section 106 (b)(4)(A) as "an act that, as certified by a physician, places the child in serious or critical condition." There are requirements, limitations, and exceptions. This information should not be disclosed to the public at the county or regional level and should only be disclosed by State Office personnel through the Public Records Request process. Anyone requesting this information should be directed to Human Resources at MDHS State Office.
DFCS shall protect confidential and other sensitive information from theft, unauthorized use, damage, or destruction by:
Security shall be ensured with individual identification numbers assigned to each user. Their sign-in number and password identifies their actions in the case records. Each user will be assigned a profile when their accounts are established. There are times that the user's account profile is changed. This change is documented in MACWIS.
Secure storage of paper records shall include: locked file cabinets; a locked file room with limited access or a gatekeeper system whereby one person or a few people can unlock the file storage area or access the files themselves; or a system using a keypad or keys where only authorized individuals are given the keypad code or copies of the keys. Agencies may also consider using fireproof cabinets; metal file cabinets; a sprinkler system; or not storing records in basements in areas that are prone to flooding.
Adoption records or a summary of all salient information included therein are maintained permanently, and records of children or youth are maintained until the age of majority or a few years beyond, depending on advice of counsel.
Confidential information, when electronically transmitted, shall be protected by safeguards in compliance with applicable legal requirements. The following statement shall appear on outgoing emails from DFCS:
Confidentiality Statement: The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential, proprietary, and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers.
MISS. CODE ANN. § 43-21-267. Penalty for Violation
Any person who shall disclose or encourage the disclosure of any records involving children or the contents thereof without the proper authorization under this chapter shall be guilty of a misdemeanor and punished, upon conviction, by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail of not more than one (1) year or by both such fine and imprisonment.
Nothing herein shall prevent the youth court from finding in civil contempt, as provided in Section 43-21-153, any person who shall disclose any records involving children or the contents thereof without the proper authorization under this chapter.
MISS. CODE ANN. § 43-21-261 prohibits any employee of the Department of Human Services, state or local, working in any capacity, from disclosing confidential information concerning any applicant or recipient of assistance or services, except in the administration of the programs as described under REGULATIONS SAFEGUARDING CONFIDENTIAL INFORMATION.
The information which shall be considered confidential and shall not be disclosed except in the administration of the laws under which the Agency works shall be:
* Names and addresses of applicants and recipients.
* Lists of applicants and recipients. List of applicants and recipients will on occasion be requested for commercial, personal or political use. Under no condition may a list of clients be disclosed to any person, agency or business organization except as described below.
* Case records, with each and every document included.
Employees shall not disclose information of a confidential nature even though a record of information has not been made.
Disciplinary action will be taken against any DFCS employee violating the regulations pertaining to the safeguarding of information in accordance with the disciplinary policies and procedures of the Department of Human Services and/or the State Personnel Board.
If the representative of an agency or organization to whom information has been disclosed violates the regulations, the Executive Director of the MDHS, after conducting an investigation, will report the employee or representative to the head of the agency involved.
18 Miss. Code. R. 6-1-A-I-XVIII