"Confidentiality Guidelines

Confidentiality in planning and collaborating between agencies has been a concern for the Youth Services Teams. Confidentiality rules are needed to protect people from unwarranted invasions of their privacy and from use of information for a purpose for which it was never intended.

Since the agencies on the Youth Services Teams each have their specific mandates and processes regarding confidentiality, agencies were surveyed to develop an understanding of the definitions and requirements of confidentiality. The following terms are explained or defined for the purposes of clarifying their meaning and serve as a guideline in sharing confidential information.

Confidentiality
A protection against sharing information about a person over a person's objection or without their permission.

Informed Consent
Informed consent means that:

• The parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication.

• The parent or guardian understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes the activity and lists the records (if any) which will be released and to whom.

• The parent or guardian understands that the granting of consent is voluntary on the part of the parent or guardian and may be revoked at any time.

Need to Know
While the parent or guardian may give consent to release information, there is an ongoing need to assure that it is appropriate to share. That is, there should be a reason or obvious relevance to let others know what is being shared. Unless there is a relevant reason to give information, the person authorized to share should refrain from sharing specific data not considered relevant. In addition, circumstances change over time. While it may have been appropriate at one point in time to share information, it may not be at another.

Youth age 14 or older may request mental health services, alcohol and drug services, and public health services without parental permission or knowledge. Youth Services Team members would need the youth's permission in order to share information in these cases, even though parent permission had been obtained for the Youth Services Team referral. Additional information regarding these confidentiality rights are described in the Department of Human Resources Handbook on Confidentiality.

Mandatory Reporting
Even though there are confidentiality guidelines, laws, and restrictions, there are circumstances where confidentiality must be broken. These occur when:

• A child is at risk of harm to themselves of others.

• A child is being abused, neglected, or exploited.

• A child reveals clear intent to commit a crime that reasonable is expected to result in injury to a person.

The Authorization for Release and Exchange of Information form meets the participating agencies' mandates for confidentiality. The parent's or guardian's signature on the release allows the team members to share confidential information. Such permission is required for all children and youth under the age of 18 referred to the Youth Services Team.

Generic Staffing
Staffing children in the Youth Services Team requires parent authorization. Under circumstances where the parent is unwilling to sign the release or cannot be contacted, a case may be staffed at the Youth Services Team by referring the situation that is of concern. The child's name cannot be used and the presenter needs to be thoughtful so as not to reveal details that may disclose the child's identity." (pp. 3-4)