Current through Register Vol. XLI, No. 45, November 8, 2024
Section 191-4-4 - Confidentiality4.1. A monitored parenting and exchange program shall have a written confidentiality policy that preserves the participants' rights of confidentiality and complies with all state and federal privacy laws-including the following:4.1.a. No licensed program may disclose, reveal or release or be compelled to disclose, reveal or release, any written records or personal or personally identifying information about a program participant created or maintained in providing services, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected, pursuant to this article except:4.1.b. Upon written consent, or upon oral consent in emergency situations defined by legislative rule, of the person seeking or who has sought services from the program;4.1.c. In any proceeding brought under sections four and five, article six, chapter nine of this code or article six, chapter forty-nine of the West Virginia code; 4.1.d. As mandated by article six-a, chapter forty-nine and article six, chapter nine of the West Virginia code;4.1.e. Pursuant to an order of any court based upon a finding that said information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this rule;4.1.f. To protect against a clear and substantial danger of imminent injury by a person receiving services to himself or herself or another; or4.1.g. To disclose Monitored parenting and exchange program information to one parent or guardian, without the permission of the other parent or guardian, any perceived threat of harm or violation of the court order or violation of the monitored parenting and exchange program rules by the other parent or guardian;4.2. No monitored parenting and exchange program may release information about the child without consent of the parent with custodial responsibility or guardian. 4.3.In addition to the provisions set forth in this section, the release of a victim's personally identifying information is subject to the provisions of 42 U.S.C. § 13925(b)(2).4.4. No consent or authorization for the transmission or disclosure of confidential information is effective unless it is signed by the program participant whose information is being disclosed. Every person signing an authorization shall be given a copy.4.5. A victim of domestic violence, dating violence, sexual assault, or stalking shall not be required to provide consent to release his or her personally identifying information as a condition of eligibility for the services, nor may any personally-identifying information be shared in order to comply with federal or state reporting, evaluation, or data collection requirements: Provided, That nothing in this rule prohibits a program from reporting suspected abuse or neglect, as defined by law, when the program is mandated by law to report suspected abuse or neglect.