Sharing Information to Improve Outcomes and Protect Privacy in the Juvenile Justice System

1. Sharing Information to Improve Outcomes and Protect Privacy in the Juvenile Justice System Lourdes Rosado, Esq. Council of State Governments Justice Center Webinar December 16th, 2009

2. Models for Change Information Sharing Project Framework, Principles and Guide to Information-Sharing Note: This presentation is for information purposes only and is not intended as legal advice.

3. Developing Information Sharing Policy & Practices

4. Framework, Principles and Guide • MfC Data Collection and Information Sharing • Framework for Analysis and Policy Development • MfC Principles to Guide Information Sharing Projects • MfC Information Sharing Guide to Improved Policy and Practice

5. Resources • Heldman, Jessica, A Guide to Legal and Policy Analysis for Systems Integration, Child Welfare League of America, February 2006. • Mankey, Jennifer et al., Guidelines for Juvenile Information Sharing, Office of Juvenile Justice and Delinquency Prevention, October 2006. • Rosado, Lourdes M., Esq. & Shah, Riya S., Esq. Protecting Youth from Self-Incrimination when Undergoing Screening, Assessment and Treatment within the Juvenile Justice System, Juvenile Law Center, Philadelphia, PA, January 2007. • Wiig, Janet, with John A. Tuell, Guidebook for Juvenile Justice and Child Welfare System Coordination and Integration, Child Welfare League of America, 2004, Revised Edition 2008.

6. Three Categories of Information Sharing Category 1: Information sharing for purposes of individual case planning and decision making Category 2: Data collection and sharing for law, policy, and program development Category 3: Data collection and sharing for program evaluation and performance measurement

7. Overarching Goal – Information Sharing Projects To improve outcomes for youth and reduce their unnecessary penetration deeper into the juvenile and criminal justice systems

8. MfC Objectives • Fundamental fairness • Recognition of juvenile-adult differences • Recognition of individual differences • Recognition of potential • Safety • Personal, community, and system responsibility

9. The Principles • Personal and institutional responsibility • Legal, constitutional, and ethical concerns regarding privacy • Presumption of non-disclosure • Permitted disclosure - required disclosure • Presumption of disclosure for de-identified data

10. The Principles - Personally Identifiable Information • “Need-to-know” • Create coordinated case plans and improve outcomes for youth • Sharing governed by federal & state laws • Due process rights – self incrimination • Accountability for improper sharing

11. Principles – Data Collection • Answer questions about youth and the systems’ policies and practices • Allow for informed decision making • Identify gaps in programming • Safeguard undesirable publication • Accountability through strong evaluation systems

12. Principles – Data Collection (cont.) • Fidelity in evidence-based programming • Assess performance of programs, practices • Establish baselines, measure outcomes • Adhere to ethical principles protecting human subjects involved in research

13. Information Sharing Guide to Improved Policy and Practice • Foundation for information sharing • Process for development of information sharing policy and practice • Three categories of information sharing and data collection • Support for specific tools

14. Foundation for Information Sharing • Organization and Governance • Information Sharing Goals • Law and Policy • Technology • Training

15. Organization and Governance • State/Local Collaborative Entity – authority to direct and approve policy, products, and activities • Team/Committee - specific information sharing efforts • - Goals • - Questions • - Databases and data analysis • - Lead entity – auspices for products

16. Information Sharing Goals • Direct development of policies & products • Agencies come to agreement • Align goals with principles

17. Law and Policy • Set out statutory framework of federal and state laws, corresponding policies • Representative Committee: each participating agency, policy and program personnel, legal counsel, children and families • Identify gaps in framework and corresponding proposals

18. Law and Policy (cont.) Committee possesses expertise to address issues that go beyond statutory compilation - Privacy issues - Public safety - Historical problems between agencies - Clearly written policies - Staff training - Informed authorization

19. Technology • Each agency - responsibility for access to and development of electronic data • Committees/teams, particular to each effort • Inventory – what information, where housed • Capacity of agencies’ information systems - to produce and to interact • Risk assessment – threats to security of data

20. Training • All involved personnel • Include in training - Purpose - Benefits - Expected outcomes - Law, policy and protocol • Individual agency and cross training sessions

21. Developing Information Sharing Policy and Practices

22. Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making 1A. Identify goals 1B. Identify key decision points-desired flow of information 1C. Identify laws and policies that govern at each decision point

23. Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making 1D. Develop any needed law and policy • - Id participating agencies • - Id applicable federal and state laws • - Need to share information to protect public safety • - Appropriate procedures for disclosure and access • - Permitted and prohibited uses of information • - Consumer protections

24. Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making • 1E. Develop protections for the information to be shared • - Who will have access • - How the information may or may not be used • - Circumstances permitting dissemination • - Protection of the subject before and after use • - Development of a registry • - Handling improper disclosure • - Common security safeguards

25. Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making 1F. Develop accessible processes & procedures for youth and parents/legal guardians to review, approve, or amend information that is collected about them 1G. Identify information sharing mechanisms and capacities

26. Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making 1H. Develop protocols for operation of information sharing agreements, practitioner’s guides, authorization to release forms and other tools 1I. Seek approval of any drafted tools from participating agencies and their legal counsel

27. Category 2: Data for Law, Policy & Program Development • 2A. Identify goals • 2B. Develop the questions • - To inform decisions about interventions • & strategies • - To determine if outcomes are being met

28. Category 2: Data for Law, Policy & Program Development • 2C. Identify and review existing databases and determine what data elements are needed • - National and local databases • - Characteristics of targeted youth • - Movement through the JJ system • - Outcomes • - Available programs/services and their use

29. Category 2: Data for Law, Policy & Program Development 2D. Refine existing and develop any needed additional databases 2E. Establish each agency’s responsibility and accountability for data collection

30. Category 2: Data for Law, Policy & Program Development • 2F. Specify parameters of interagency data collection, sharing and reporting • - Proprietary information • - Shared databases • - Responsibility to aggregate the data • - Quality standards • - Guidelines for dissemination and use • 2G. Safeguards against undesirable publication of individual case information

31. Category 3: Data for Program Evaluation & Performance Measurement 3A. Identify goals 3B. Establish processes for undertaking evaluation research in compliance with federal statutes and regulations

32. Category 3: Data for Program Evaluation & Performance Measurement • 3C. Develop program evaluation designs simultaneous to development of program • - Data needed to measure effectiveness • - Each data collection system secure • - Reliability of data collection

33. Category 3: Data for Program Evaluation & Performance Measurement • 3D. Develop a culture of accountability through establishment of strong performance measurement systems • - Participating agencies and collaborative efforts • - Goals and sought outcomes • - Baseline measurements • - Monitoring systems

34. Category 3: Data for Program Evaluation & Performance Measurement 3E. Allocate costs among agencies for data collection and sharing or procure dedicated funding 3F. Establish quality control and accountability for data collection

35. Category 3: Data for Program Evaluation & Performance Measurement 3G. Establish safeguards against undesirable publication of individual case information 3H. Develop a plan for publication and use of aggregate data to promote evidence-based practices