9 CAR § 40-208. Confidentiality

(a) Overview. (1)(A) The Division of Children and Family Services is committed to best practice in relation to respecting client confidentiality. (B) Information is confidential if it is not intended to be disclosed to persons other than those to whom disclosure is allowed under the statute. (C) All employees of the Division of Children and Family Services shall maintain the confidentiality of children and families served by the Division of Children and Family Services. (D) Confidentiality applies to verbal, written, and electronic transmittal of information including information in the Division of Children and Family Services information management system. (2)(A) No Division of Children and Family Services employee may accept employment or engage in any activity while serving as a Division of Children and Family Services employee which might reasonably be expected to require or induce the employee to disclose confidential information. (B) In addition, no Division of Children and Family Services employee may disclose confidential information or use confidential information for the gain or benefit of the employee or person in a close, personal relationship to the employee. (b) Investigative records. (1) Child maltreatment investigative data, records, reports, and documents are confidential and may only be disclosed as provided for in the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq. (2)(A) If a Division of Children and Family Services employee wrongfully discloses confidential information, they are guilty of a Class A misdemeanor and can lose their job. (B) For a Class A misdemeanor, the sentence shall not exceed: (i) One (1) year in the county jail; and (ii) A one-thousand-dollar fine. (C) See Arkansas Code § 12-18-205. (c) In-home, prevention, and permanency case records. (1)(A) Reports, correspondence, memoranda, case histories, or other materials related to in-home, prevention, and permanency case records, shall be confidential and shall not be released or otherwise made available, except to the extent permitted by federal and state law and only as listed below. (B) This includes protected health information compiled or received by a licensee or a state agency engaged in placing a child: (i) To the Director of the Child Welfare Agency Review Board as required by rules; (ii) For adoptive placements, as provided by the Revised Uniform Adoption Act, Arkansas Code § 9-9-201 et seq.; (iii) To multidisciplinary teams under Arkansas Code § 12-18-106(a); (iv)(a) To the child's parent, guardian, or custodian. (b) However, the licensee or state agency may redact information from the record such as the name or address of resource parents or providers when it is in the best interest of the child. (c) The licensee or state agency shall redact counseling records, psychological or psychiatric evaluations, examinations or records, drug screens or drug evaluations, or similar information concerning a parent if the other parent is requesting a copy of a record; (v) To the child; (vi)(a) To healthcare providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child. (b) Healthcare providers include doctors, nurses, emergency medical technicians, counselors, therapists, mental health professionals, and dentists; (vii) To school personnel and childcare centers caring for the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child; (viii)(a) To resource parents, the permanency record for children experiencing foster care currently placed in their home. (b) However, information contained in records released by the Division of Children and Family Services to the resource parent about the caregivers and any siblings not in the resource home: (1) Will not be redisclosed by the resource parent; and (2) Will only be used to assist the resource parent in the care of the child placed in the resource parent’s home (see 9 CAR § 40-815, providing information to and gathering information from resource parents); (ix)(a) To the Child Welfare Agency Review Board. (b) However, at any board meeting no information which identifies by name or address any in-home or permanency services recipient or child experiencing foster care shall be orally disclosed or released in written form to the general public; (x) To the Division of Childhood and Early Childhood Education, including child welfare agency licensing specialists; (xi) For any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity; (xii) Upon presentation of an order of appointment, to a court-appointed special advocate; (xiii) To the attorney ad litem for the child; (xiv) For law enforcement or the prosecuting attorney upon request; (xv) To circuit courts, as provided for in the Arkansas Juvenile Code , Arkansas Code § 9-35-101 et seq.; (xvi) In a criminal or civil proceeding conducted in connection with the administration of any such plan or program; (xvii) For purposes directly connected with the administration of any of the state plans as outlined; (xviii) For the administration of any other federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; (xix)(a) To individual federal and state representatives and senators in their official capacity, and their staff members, with no redisclosure of information. (b) No disclosure shall be made to any committee or legislative body of any information which identifies by name or address any recipient of services; (xx) To a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; (xxi) To a person, provider, or government entity identified by the licensee or the state agency as having services needed by the child or their family; (xxii) To volunteers authorized by the licensee or the state agency to provide support or services to the child or their family at the discretion of the licensee or the state agency and only to the extent information is needed to provide the support or services; (xxiii)(a) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services. (b) Any confidential information provided for a research or evaluation project shall not be redisclosed or published; (xxiv) To a child fatality review panel as authorized by the Division of Children and Family Services; (xxv) To a Child Welfare Ombudsman. (2) Any data, records, or documents described above that are released to a law enforcement agency, the prosecuting attorney, or a court by the Division of Children and Family Services are confidential and shall be sealed and not redisclosed without a protective order to ensure that items of evidence for which there is a reasonable expectation of privacy are not distributed to persons or institutions without a legitimate interest in the evidence. (d) Permanency and adoptive records. (1) Resource home records are confidential and shall not be released except: (A) To the resource parents; (B) For purposes of review or audit, by the appropriate federal or state agency; (C) Upon allegations of child maltreatment in the resource home, to the investigating agency; (D) To the Child Welfare Agency Review Board; (E) To the Division of Children and Family Services and the Department of Education, including child welfare agency licensing specialists; (F) To law enforcement or the prosecuting attorney, upon request; (G) To a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; (H) To individual federal and state representatives and senators in their official capacity, and their staff members with no redisclosure of information; (I) No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services; and (J) To the attorney ad litem and court-appointed special advocate, the home study on an adoptive family selected by the Division of Children and Family Services to adopt the juvenile. (2)(A) Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained. (B) Any person disclosing information in violation of Arkansas Code § 12-18-104 shall be guilty of a Class A misdemeanor. (C) Nothing in this section shall be construed to prevent subsequent disclosure by the child or their caregiver. (3) The Social Service Specialist may by law sign for releases of information for children in the Division of Children and Family Services custody. (4) The Social Service Specialist must present a copy of the custody order to receive medical and school records. (5)(A) The Consent for Release of Information must be signed by the caregiver to receive copies of caregiver’s records. (B) However, the caregiver’s signature is not necessary for obtaining records for the child. (6) An attorney ad litem shall be provided access to all records relevant to the child’s case, including, but not limited to, school records, medical records, juvenile court records, and the Division of Children and Family Services records to the extent permitted by federal law. (e) Adoption records. (1) Nonidentifying information from finalized records can only be released by the Arkansas mutual consent voluntary adoption registry. (2) Identifying information from a finalized record can only be released by court order. (f) Release of information requests regarding a child experiencing foster care. (1)(A) When a release of information regarding a child is requested, the Social Service Specialist shall take the necessary steps to guard the confidentiality of personal information. (B) The steps include: (i) Ensuring that no identifying or potentially harmful information on a child is released; and (ii) The consent shall be reviewed and approved by the Office of Chief Counsel. (C) Court orders that direct the release of specific information to specified offices, agencies, or people will be construed as proper consent for release of information. (D)(i) No other consent is necessary. (ii) However, the Office of Chief Counsel will be informed whenever such a release of information is being made. (2) Children experiencing foster care may appear in publications such as the school yearbook, school newspaper, youth group newsletter, and similar publications or platforms that would be considered normal and age-appropriate without a media release as long as they are not identified as experiencing foster care. (3)(A) Requests for media releases that would not be considered normal and age appropriate include, but are not limited to, requesting permission to release photographs, voice reproductions, slides, video tapes, movie films, promotional pamphlets, and news releases. (B) The Division of Children and Family Services will review the contents of such release along with the Office of Chief Counsel and make any necessary modifications. (C) Consideration will be given to the protection of the child’s identity and assurances that the contents of the material released will present the child in a light that would not be distasteful or negative to the child. (D) The Director of the Division of Children and Family Services or designee will be consulted in matters that may reflect on the Division of Children and Family Services. (E) In cases of consents for coverage by news media, consultation will also be sought from the: (i) Department of Human Services Director of Communications; and (ii) Child’s attorney ad litem. (F) The resource parents and other placement providers will be informed of these policies. (4) The Division of Children and Family Services must obtain documented consent from a child twelve (12) years of age or older to show photographs for recruitment of an adoptive family. (g) Freedom of Information Act. (1)(A) Personnel records can be disclosed to the public, unless to do so would clearly be an unwarranted invasion of privacy. (B) Therefore, the Division of Children and Family Services cannot release the Social Security number, school transcripts, or PGCS information of any staff unless that person has been suspended or terminated as a result of their PGCS score. (C) Grievance information becomes public record, after the grievance process is completed, if a grievance is appealed to the State Grievance Review Committee. (D) If the grievance is not appealed to the state level, the discipline does not become public record. (E) See Arkansas Code § 25-19-105. (2) Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of the Division of Children and Family Services, the Division of Arkansas State Police, or other entity authorized under the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq., to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.