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CONFIDENTIALITY ISSUES FOR CAREGIVERS

CONFIDENTIALITY ISSUES FOR CAREGIVERS. Jennifer Scholes , MA Child Welfare Partnership Portland State University scholesj@pdx.edu. “ I really can’t talk about my childhood. Before I left home, they made me sign a confidentiality agreement.”.

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CONFIDENTIALITY ISSUES FOR CAREGIVERS

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  1. CONFIDENTIALITY ISSUES FOR CAREGIVERS Jennifer Scholes, MA Child Welfare Partnership Portland State University scholesj@pdx.edu

  2. “I really can’t talk about my childhood. Before I left home, they made me sign a confidentiality agreement.”

  3. This training is based on the policies and procedures of the Oregon Department of Human Services Child Welfare program. If you are certified by another agency, we recommend consulting with your agency for guidance. Advisory Notice

  4. What is Your Role? • Foster parent • Certified relative caregiver • DHS staff member • Other

  5. Learning Objectives • Caregiver rights and responsibilities • Responding to requests for information about children/youth in your care • Age of youth consent for medical care • Computer safety

  6. Imagine

  7. It’s Normal for People to Want to Know… But you’re parenting in a non-normal setting

  8. Keep In Mind • These are general guidelines. • Every case is unique. • Always consult your caseworker .

  9. Information you should have from DHS Which of the following might younotexpect to be given? • A diagnosis the child/youth has received B) School report card C) Child/youth’s psychological evaluation D) The immunization record

  10. Now, about you… • What are your questions or concerns?

  11. Foster Parent Bill of Rights • Foster Parent Bill of Rights: (4) Be informed of … The information shall include complete access… ….confidential information...must be kept confidential ORS 418.648

  12. Complete Access To • Written reports • Psychological evaluations and diagnoses • BUT, remember the flip side of the coin; your responsibility to keep confidential information confidential!

  13. Oregon Law States… • What information caregivers and others have a right to • What DHS has a responsibility to share • “to the extent that it is necessary” 409.225 (3)

  14. HIPAA • Health Insurance Portability and Accountability Act • “…minimum amount of information necessary…”

  15. Are You Confused Yet? • You have rights to get information • Once you have it, you have the responsibility to guard it

  16. What records may I release? If you as a relative caregiver have a copy of the mental health treatment records of a child, who can you give a copy of that record to? • The school • 4-H • The relative caregiver’s extended family • None of the above

  17. DHS Policy • The certified family must exercise good judgment in sharing personal information... … The certified family must store documents regarding the child …in a way that protects the privacy… the child or young adult's family . (2) The certified family may not disclose confidential information… OAR 413-200-0377

  18. No Redisclosure (4) Any record disclosed under subsection (1), (2) or (3) of this section shall be kept confidential by the person or entity to whom the record is disclosed and shall be used only for the purpose for which disclosure was made. ORS 409.225

  19. Practice Question • Relative caregivers discover Shasta is sexually aggressive. • Do you disclose that to the sister-in-law? • Why or why not?

  20. Isn't This Fun?

  21. Caregiver Child Confidentiality • Is there such a thing as a confidential relationship with children or youth in care?

  22. Medical treatment without parental or guardian consent Of the medical services listed below, which one can a child access at the youngest age without parental/guardian consent? • Surgical diagnosis and treatment • Bi-polar disorder treatment • Venereal disease treatment • Chemical dependency treatment 109.610

  23. At what age can my foster child access medical services without my consent? • 109.640-Medical, dental treatment-birth control information and services • 109.675-Treatment for mental or emotional disorder including chemical dependency

  24. Medical, dental treatment-birth control information and services A minor 15 years of age or older may give consent to hospital care, medical or surgical diagnosis or treatment by a physician licensed by the Oregon Medical Board, and dental or surgical diagnosis or treatment by a dentist … 109.640

  25. How About Mental Health Treatment? • Age 12? • Age 13? • Age 14? • Older than 14? 109.675

  26. What information may caregivers share in court/CRBs? Focus on the wellbeing of the child or youth Are their needs being met?

  27. What About Support Groups? • It depends…

  28. Support Group, Part Two • Terrance, 2 years old

  29. Time for Some Practice • Form a small group • Decide who will take report back • Answer the questions as a group, noting anything on which you haven’t reached agreement or aren’t sure.

  30. Does your youth or child own a computer?

  31. If a Youth Wants to Contact Parents Via the Internet Chances are pretty good they’ll figure out how to.

  32. Your Turn Rights Responsibilities

  33. THANK YOU! Link to Video

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