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Local Resources
Information for Specific Groups
Related Information
Brain Information
Taking Actions
- Making It Work
- What Do We
Do Now
- Confidentiality
Funding Information
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Taking Actions -- Sharing and Confidentiality
Providers of services to children often find it helpful to be able to exchange information about specific
children with other providers. However, it is necessary to recognize the
limits set by the rules regarding confidentiality of personal information.
Members of a multidisciplinary team often facilitate the exchange of confidential information by means of a Memorandum of Understanding (MOU) agreed to
by all participating providers and agencies but even if you don't have an MOU, you can still share information with other members of your team because
of Welfare & Institutions Code section 830. Although section 830 originally applied only to disclosure of juvenile court records, it was later amended
to include any incidents of child abuse designated as confidential under state law.
Welfare & Institutions Code 830 permits information-sharing, with five key
points:
- It applies notwithstanding any other provision of law
- to members of a multidisciplinary personnel team [defined below, 18951(d)]
- if they are engaged in the prevention, identification, and treatment of child abuse [defined below, 18951(e)(5)];
- team members may disclose and exchange information and writings to and with one another relating to any incidents of child abuse
- if the member of the team having that information reasonably believes it is generally relevant to the prevention, identification, or treatment of child abuse.
The definition of a "multidisciplinary personnel team" is any team of three or more persons who are trained in the prevention, identification and
treatment of child abuse and neglect cases. The team may include but is not limited to:
(1) Psychiatrists, psychologists or other trained counseling personnel.
(2) Police officers or other law enforcement agents.
(3) Medical personnel with sufficient training to provide health services.
(4) Social workers with experience or training in child abuse prevention.
(5) Any public or private school teacher, administrative officer, supervisor
of child welfare and attendance, or certificated pupil personnel employee.
[Welfare & Institutions Code 18951(d)]
The definition of "child abuse" includes "Any condition which results in
the violation of the rights or physical, mental, or moral welfare of a child
or jeopardizes the child's present or future health, opportunity for normal
development or capacity for independence." [Welfare & Institutions Code
18951(e)(5)]
Federal law prevails over state law if and only if they are in direct conflict when applied to a specific
situation.
The applicable federal law regarding confidentiality is the Family Educational
Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.
FERPA applies
only to schools and school personnel, and to any records they maintain containing
information directly related to a student or parent. The general rule is
that a school can't release information from their records that could identify
the student without consent of the parents (or the student if 18 or over).
"Records" include files, documents, films, tapes, photographs. The rule
does not apply to information that is based only on the school employee's
personal knowledge or observation.
FERPA contains four exceptions to the
prior consent requirement. The one that would cover educators who are members
of a multidisciplinary team dealing with child abuse is the State Law Juvenile
Justice Exception. This exception permits educators to share information
with juvenile justice system agency officials on children who are at risk
of involvement or have become involved in the juvenile justice system, if
it is permitted by state law (which it is in California).
Disclaimer: The proceeding is a general explanation of the law regarding information-sharing and confidentiality. Safe from the Start cannot give you legal advice about how the law applies to a specific factual situation. If you are uncertain about whether you can legally share information, you should consult your County Counsel, City Attorney, or another attorney of your choice.
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