In order for
BIG BROTHERS BIG SISTERS OF SAN LUIS OBISPO COUNTY to provide a responsible and
professional service to clients, it is necessary for volunteers, clients, and
parents (or guardians) of clients to be asked to divulge extensive personal
information about themselves and their families. This agency respects the
confidentiality of client and volunteer records, and with the exception of
situations listed below, shares information about clients and volunteers only
among the agency professional staff. The right to confidentiality applies
to written records, video, film, social media (including, but not limited to
the internet, networking sites, blogs and personal websites), photos,
and/or any other depiction of the name, likeness, or other description of a
client or volunteer in any publication or promotional material.
All records are
considered the property of the agency and not the agency workers, clients, or
volunteers themselves. In order to provide a service which is in the best
interest of the children served by the program, information from outside
sources, including confidential references, must be assessed along with
information gained from the clients or volunteers themselves. Records are
not available for review by the clients or volunteers.
When a
Client/Volunteer is considered for a match, information is shared between the
prospective parties. Each party has the right to refuse the proposed
match based on the information provided. Prior to a match being made, information
shared may include but is not limited to: first name, age, sex, race, religion,
education, interests, hobbies, marriage and family status, sexual orientation,
reasons for applying to the program, and a summary of the reasons an individual
was chosen for the match. The individuals to whom the information is
provided shall agree not to share the information with any other person.
For the duration of the match and after formal closure, confidentiality is to
be maintained by all program participants.
Limits of
Confidentiality
Information
will be released to other individuals or organizations only upon presentation
of an authorized "consent to release information" form appropriately
signed by the client, client's representative, or volunteer, except in the
instance of suspected child abuse.
Identifying
information regarding clients and volunteers may be used in agency publications
or promotional materials only if the client or volunteer has given permission.
For purposes of
program evaluation, audit, or accreditation, and with the prior approval of the
Board of Directors, certain outside bodies, such as Big Brothers Big Sisters of
America, may have access to client and volunteer records. These outside
organizations shall be required to respect the agency policy on
confidentiality. Outside parties shall be required to use information
only for the purpose(s) stated in the approval action of the Board of
Directors. Known violations of agency confidentiality policy will be
reported to the supervisor of the individual involved, and appropriate
disciplinary action shall be requested.
Directors of
the Board shall be required to comply with the agency policies on
confidentiality and may use the information divulged to them only for purposes
stated by the approved action of the Board of Directors.
Violations
shall be reported to the Board President. A violation of the agency's
confidentiality policy by a Director shall constitute adequate cause for
removal from office.
Any subpoena
requesting confidential information received by or served upon the agency shall
be immediately delivered to the agency's legal counsel for review and
appropriate action. Only the agency's legal counsel shall have authority
to determine whether or not any subpoena served on the agency is valid and/or
unenforceable.
Information
shall be provided to an agency's legal counsel in the event of litigation or
potential litigation involving the agency. Such information is considered
privileged material, and communications between the agency and its counsel are
protected by confidentiality law.
State law
mandates that suspected child abuse and neglect be reported to the appropriate authorities.
All workers are responsible for staying abreast of California reporting
requirements and shall always comply with mandated procedures.
If an agency
worker receives information indicating that a client or volunteer may be
dangerous to himself or herself or to others, necessary steps may be taken to
protect the appropriate party or parties. This may include a medical referral
or a report to the local law enforcement authorities.
A known
violation of BBBS’s Confidentiality Policy shall result in disciplinary
action. Depending on the seriousness of the violation, the action may be
a written warning, suspension or termination of the match and/or employment.