Safe relationships, safe children: Making the “Invisible” visible

1. Safe relationships, safe children: Making the “Invisible” visible Information Sharing Presentation

2. Changing the Culture of Privacy

3. Knowledge from Pilot Communities • Planning Day Richmond: • Service Providers expressed confusion and concern over Information Sharing – knowing what to share, with whom and when • Service Providers expressed that they share information, but are never able to get any information back • Service Providers fear they will not be supported to share information

4. Information Sharing • The overall goal of the Safe Relationships, Safe Children initiative is to promote child safety and well-being by enhancing system capacity to strengthen support to families where parents are challenged or affected by mental health, problematic substance use and/or intimate partner violence (MH, SU & IPV). • Improved outcomes for parents and their children are most likely to be met and risk reduced when information is shared effectively across agencies and when multi-agency and multidisciplinary partnerships are collaborative and coordinated.

5. Information Sharing • Legislation does not prohibit information sharing and should not impede it - it provides a framework to ensure information is shared appropriately. • When making difficult judgment decisions about whether to disclose personal information without consent, the paramount principle guiding this decision is that the preservation of life trumps privacy

6. Safety vs. Privacy BC’s Information and Privacy Commissioner: “I know that frontline decisions have to be made quickly and sometimes the facts may not be as clear as you’d like. But there’s no doubt that privacy laws support disclosures to protect health and safety… “…if someone uses common sense and in good faith discloses information, my office is not going to come down on them. Privacy is important, but preserving life is more important.”

7. GREEN LIGHT Generally speaking, pursuant to FIPPA, and PIPA in the following circumstance personal information: MUST BE SHARED: • If there is an Order of the Court; • If there is a WorkSafe BC investigation or inspection; • To comply with Community Care Facilities Licensing; • As requested under the Coroner’s Act. MUST BE REPORTED • To report an Adult in need of protection under the Adult Guardianship Act; • If a child is in need of protection under the Child, Family & Family Community Services Act

8. RED LIGHT Information MAY NOT BE SHARED: - It is prohibited by law (i.e. the identity of a person who reports an adult in need of protection, may not be shared); - There is no consent, no need to know nor any overriding health/safety concerns.

9. YELLOW LIGHT INFORMATION MAY BE SHARED: • When consent has not been provided or has been refused information may be shared to avert imminent danger to someone’s health or safety or to protect someone’s health or safety • For the purpose of reducing the risk that a person will be the victim of intimate partner violence, or if intimate partner violence is reasonably likely to occur • With a person who is responsible for providing continuing treatment and care to the individual (need not be a formal health services provider, and can include a family member) • When there is written consent to share • To cooperate with a police and/or child intervention investigation (according to organizational policies)

10. YELLOW LIGHT INFORMATION MAY BE REPORTED: • To police when a crime is in progress; • To avert imminent danger to someone’s health or safety or to protect someone’s health or safety. Caution should be exercised in both urgent and non-urgent situations with information shared on a “need to know basis”. If in doubt, get advice from a supervisor, Privacy Office, Risk Management Office, or professional body.

11. How do we share information Information should be shared on a “need to know” basis. THINK ABOUT IT • Who needs to know? What information do you need to share to best serve the child, parent or family? • How much information do they need to know? What is your rationale for sharing information? • Continuity of Care • Assessed level of risk, requiring additional support/intervention • What are the consequences (pro and con) of you sharing the information for the client? • What are the consequence (pro and con) of you not sharing the information?

12. How do we share information TALK ABOUT IT • Sometimes people disagree on what needs to be shared. Discuss why you need the information and what you hope to accomplish for the child, parent, or family. • Consult with a supervisor if unsure, or if compelling circumstances require sharing information without consent.

13. How do we share information TRY TO UNDERSTAND AND REACH AGREEMENT • Reaching an agreement on what information should be shared will require ongoing communication, patience, and trust between service providers. • Be transparent at the outset, get consent from the client to share information with other service providers to help support the child, parent or family.

14. How do we share information CONTINUE TO DIALOGUE AND ENGAGE • If a client is hesitant to provide consent to share information, agree to time frames to revisit discussions around consent and information sharing decisions. • Have transparent and proactive conversations with your client to carefully explain the limits of confidentiality in situations when information will need to be shared regardless of whether consent is given. • Ideally, your client will participate in any decisions about information sharing with you, however if your client is unable or unwilling to do so, you will still need to report certain information. If safe to do so, advise your client that you will be sharing information to access the necessary resources and that this will be done in consultation with your team leader or supervisor.

15. Information Sharing References These information sharing guidelines meet requirements under the two major pieces of privacy legislation in British Columbia: • Freedom of Information and Privacy Act http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96165_00 • Personal Information Protection Act http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_03063_01 Other legislation: • Child Family and Community Services Act http://www.bclaws.ca/Recon/document/ID/freeside/00_96046_01 • BC Family Law Act http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01 • Infants Act • http://www.bclaws.ca/civix/document/id/complete/statreg/96223_01

16. Links: On Line Resources • Link to RCY Report (Recommendation 1, p.95): http://www.crvawc.ca/documents/SchoenbornReportFINAL%20Feb%2027.pdf • Link to In Response to 2012 RCY Report Honouring Kaitlynne, Max and Cordon: Make Their Voices Heard Now: http://www.mcf.gov.bc.ca/podv/pdf/domestic_violence_response_booklet.pdf • Link to RCY Report (Lost in the Shadows): http://www.rcybc.ca/Groups/Our%20Reports/RCY_Lost-in-the-Shadows2014.pdf • Link to RCY Report (Children at Risk: The Case for a Better Response to Parental Addiction): http://www.rcybc.ca/reports-and-publications/reports/cid-reviews-and-investigations/children-risk-case-better-response

17. SAFE RELATIONSHIPS, SAFE CHILDREN Provincial Implementation –October 2014 Questions? Discussion?