SAFEKEEPING OF CONFIDENTIAL
RECORDS
The Executive Director is
considered the custodian of confidential records. It is his/her responsibility to supervise the
management of confidential information in order to ensure safekeeping,
accuracy, compliance with Board policy and accountability. He/she shall assure that there are
appropriate procedures that implement the confidentiality policy.
ACCESS TO CONFIDENTIAL CLIENT AND
VOLUNTEER RECORDS
In order for Big Brothers Big
Sisters Michigan Capital Region (BBBSMCR) to provide a responsible and
professional service to clients it is necessary for volunteers, clients, and
parents/guardians of clients to be asked to divulge extensive personal information
about themselves and their families. The agency respects the confidentiality of
client and volunteer records and, with the exception of the situations below,
shares information about clients and volunteers only among agency professional
staff. (Note: these files are handled by
staff, both paid and volunteer.) The
right to confidentiality applies not only to electronic and hard copy records,
but also to film, photos, and the use of client or volunteer’s name in agency
publications.
All records, electronic and hard
copy are considered the property of the agency and not the agency staff,
clients or volunteers themselves. Files
are not to be removed from the agency without prior consent from Executive
Director or Program Director. Upon
separation from the agency, BBBSMCR will immediately change passwords and deny
access to agency files to terminated employees.
In order to provide a service that
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, therefore, not available for
review by the clients or volunteers.
Limits of
Confidentiality
Information from client or
volunteer records may be shared with the individuals or organizations specified
below and under the following conditions:
1. 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 or volunteer.
2. Identifying
information (including photos, videos, etc.) regarding clients and volunteers
may be used in agency publications or promotional materials if the client or
volunteer has given permission.
3. For purposes
of program evaluation, audit or accreditation, and with the prior approval of
the Board of Directors, certain outside bodies may need 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 purposes(s) stated in the approved
action of the Board of Directors. Known
violations of the agency’s confidentiality policy will be reported to the
supervisor of the individual involved and appropriate disciplinary action shall
be requested.
4. Members of
the Board of Directors have access to client files only upon authorization by
formal motion of the Board of Directors.
The motion shall identify the person(s) to be authorized to review such
records, the specific purpose for such review and the period of time during
which access shall be granted. Members
shall be required to comply with the agency policy on confidentiality and use
the information only for purposes stated by the approved action of the Board of
Directors. Known violations shall be
reported to the Board President. A
violation of the agency’s confidentiality policy by a Board Member shall
constitute adequate cause for removal from office.
5. Information
shall only be provided to law enforcement officials or the courts pursuant to a
valid and enforceable subpoena.
6. 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 information and its
confidentiality is protected by law.
7. State law
mandates that suspected child abuse will be reported to the appropriate
authorities. All workers are responsible
for staying abreast of such reporting requirements of their respective
jurisdiction and shall always comply with mandated procedures.
8. If an agency
worker receives information indicating that a client or volunteer may be
dangerous to himself or herself or to others, necessary steps shall be taken to
protect the appropriate party. This may
include a medical referral or a report to the local law enforcement
authorities.
9. At the time a
child or volunteer is considered as a match candidate, information is shared
between the prospective match parties.
However, the identity of the prospective match mate shall not be
revealed at this stage. Names are shared
with match mates only after the involved parties agree to the match. Information that may be shared include:
Volunteer: age, gender, race, employment, education,
interests, personality “type”, experience with children, living situation,
family history, habits/living patterns, motivation for volunteering.
Client: age, gender, race, economic status, hobbies,
living situation, school situation, personality “type”, family situation and
health.
The client
and volunteer shall have the right to review and approve the specific
information before it is presented to the potential match mate, the individual
to whom the information is provided shall agree in writing not to share the
information with any other person.