Data Sources for Performance Measures

1. Data Sources for Performance Measures Tools and Tips Workshop 1: Data Collection and Information Sharing to Measure Performance Presenters: Pat Cervera, Consultant Jennifer Mankey, Center for Network Development

2. Objective • Provide tools to assist subgrantees in collecting data for performance measures

3. Is Required Data Protected? • No protected data needed for output measures • All areas require access to protected records for outcome measures • Juvenile Justice and law enforcement • Education • Child protection

4. Protected Data - Juvenile Justice Records Preferred Data Source Outcome Performance Measure___________ “Official records (police, Rearrested or seen at juvenile court)” juvenile court for a new delinquent offense Ordered to correctional facility Probation record Charged with probation violation Formally processed through juvenile court

5. Protected Data- Education Records Preferred Data Source Outcome Performance Measure___________ “Official records are the Number and percentage preferred data source” who were suspended from school “School records are the The percent change in preferred data source” the number of incidents requiring disciplinary action.

6. Protected Data- Child Protection Records Preferred Data Source Outcome Performance Measure___________ “Case files are the Number and percentage preferred data source” of substantiated neglect charges brought against a program family “Case files are the Number and percentage preferred data source” of youth who have permanency plans developed

7. Federal and State Confidentiality Law Protects specified information contained in agency records from unauthorized disclosure.

8. Federal and State Confidentiality Law • Intent • What information is protected/restricted • Under what circumstances and conditions information can be shared • What information may be released with appropriate consumer consent

9. Federal - Education - Family Education Rights and Privacy Act (FERPA) State- Education Juvenile justice records Law enforcement records Child protection records Public Records What are applicable laws?

10. FERPA No education agency or institution, which receives Federal funding shall disclose educational records, other than directory information (not considered education record), without the consent of the parent or eligible student over 18 other than the following: • School officials with legitimate educational interest • Authorized government representatives for audit, evaluation or enforcement • State or local authorities specifically authorized by law (JJ exceptions) • Accrediting organizations • Organizations conducting studies for the institution • Emergency to appropriate persons to protect the health or safety of students or others • Pursuant to a Federal grand jury or other subpoena or court order

11. FERPA State statutes can enact exceptions or further restrict i.e.: • To allow release of record to court on pre-adjudicated youth • Colorado school districts cannot release name, address or phone numbers except for e.g. transferring students • http://www.ed.gov/policy/gen/guid/fpco/index.html

12. How Will Subgrantee Get Data? Based on what is allowed by relevant law- • The grantee agency status allows receipt of released data from agency records. • Consent is required. • Agency with record provides non-identifiable aggregate data. • Court orders release of data. • Agency only releases data that is not protected. Center for Network Development

13. Subgrantee Partnerships • Purpose • Referrals • Data • Coordinate Services Tasks • Understand confidentiality laws and agency regulations • Build TRUST • Agree on common tools and practices • MOU

14. Who are the Partners? Dependant on program area: • Program agency • Juvenile Court • Juvenile Probation • Schools • Child Welfare/Child Protection • Parent/Guardian

15. States the purpose of the agreement Identifies who the partners are Delineates roles and responsibility of each and all partners Partner agencies agree to provide client level or aggregate data States how the released data will be protected Authorized agency signature Memorandum of Understanding-Elements

16. Expiration date of consent, and/or circumstances. Describes ability to revoke consent Requires date and signatures Notes that copy or fax may be used in place of original Who is information about? What agency is requesting information? What agency is providing information? What is purpose of disclosure? What is content? Elements of Consent

17. Informed Consent and DueProcess • Is it really “informed” • Did the appropriate parties sign? • Was the consent explained and obtained in the language of the consumer? • Revocation and grievance procedures?

18. What’s different? Authorizes multiple agencies to release and share information One signature(s) per “year” required Includes list of participating agencies Common approach What’s the same? Retains practice of notifying consumer Complies with regulations for consent content Same requirements for authorized signatures Center for Network Development Elements of Common Informed Consent Form

19. Colorado Juvenile Information Exchange Laws: A Model for Implementation Memorandum of Understanding Legal Analysis Statute References http://www.ago.state.co.us/youthvio/youthvio.htm Colorado

20. Provide grantees with resources on relevant state juvenile justice, child protection and education laws Include requirements to assist programs engage needed partners Advocate for enabling legislation Information on State Statutes: http:/dept.fvtc.edu/ojjdp/states.htm www.ncsl.org Summary