I. PURPOSE
To
provide a responsible and professional service to clients, Big Brothers Big
Sisters of NM, Inc. must ask volunteers, clients and parents or
guardians of clients to divulge extensive personal information about themselves
and their families. It is the purpose of
this Confidentiality Policy to protect these records as provided under the
law. The Agency respects the
confidentiality of client and volunteer records, and, with the exception of the
situations listed below in Section V, Limited Exceptions to Confidentiality
Policy, shares information about clients and volunteers only among the agency
professional staff.
II. AGENCY PROFESSIONAL
DEFINITIONS
1.
Volunteer - any adult who
meets eligibility requirements and who has submitted an application to become a
Big.
2.
Client - any child who
meets eligibility criteria and whose parent or guardian has submitted an
application on the child’s behalf requesting that the child be assigned a Big
Brother Big Sister volunteer.
3.
Agency - refers to Big
Brothers Big Sisters of NM, Inc. (BBBS) and may include Big
Brothers Big Sisters of America (BBBSA).
4.
Confidential Records - information and
documents contained in a client and/or volunteer file.
III. ACCESS TO
CONFIDENTIAL RECORDS
1. Records Property of Agency: All records are considered the property of the Agency
and not the Agency workers, clients, or volunteers. No records will be released or reviewed by
outside agencies or individuals without the approval of an agency director
and/or a subpoena or search warrant, or unless subject to Parts IV and V of the
Agency Confidentiality Policy.
2. Agency Professional Staff Access: To best serve children, records are available for
review by the professional staff.
3. Agency Request for Confidential
Information: The agency may
require information from outside sources. The agency must first obtain from the
volunteer or the client or client’s parent/ guardian an “Authorization to
Release Information” form.
4. Confidentiality Statement: Applicability to
Clients and Volunteers: Clients and
volunteers shall sign a statement that they have read and understands the
Agency Confidentiality Policy and agrees to participate in the program under
the guidelines it sets forth.
IV. Safekeeping of
Confidential Records
The CEO
is considered the ultimate custodian of confidential records, in accordance
with the Records-Retention policy.
V. LIMITS AND
EXCEPTIONS TO CONFIDENTIALITY POLICY
Information
from client or volunteer’s records may be shared with the individuals or
organizations specified below and under the following conditions:
1. Information Released Pursuant to Consent
Form: Information will be released to other individuals or
organizations upon presentation to the agency of an authorized “Consent to
Release Information” form
2. Agency Publications: Information that identifies clients or volunteers may
be used in Agency publications or promotional materials only when the client or
volunteer has signed the “Authorization to Release Information” form. The information divulged will be limited to
the information designated in the client’s or volunteer’s consent form.
3. Evaluation, Audit and Accreditation: All organizations conducting an evaluation, audit or
accreditation of the Agency will be required to review and comply with the
Agency Confidentiality Policy prior to viewing any client/volunteer records.
4. Board of Directors: Members of the Board of Directors may have access to
client files only upon authorization by formal motion of the Board of
Directors.
5. Law Enforcement and the Courts: Written documentation may be provided to law
enforcement officials or the courts only upon presentation of a subpoena or
search warrant.
6. Potential Litigation:
Information
shall be provided to the 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. Mandated Reports of Suspected Child
Abuse: State law mandates
that suspected child abuse be reported to the Child Protective Services
Division of the local NM Children Youth and Families Department where the child
resides, the criminal prosecution division of the District Attorney’s office,
or the probation services office of the judicial district in which the child
resides. Agency staff, volunteers, and
members of the Board are mandated reporters under the Child Protective Services
law and shall report all instances of suspected child abuse to one of the
agencies designated above. Agency staff
shall also notify the CEO of all suspected cases of child abuse. Agency staff shall adhere to the Agency
protocol in handling suspected child abuse cases, as stated in the ‘Duty to
Report’ section of this manual.
VI. CLIENT-VOLUNTEER
PROSPECTIVE MATCH - ANONYMOUS INFORMATION SHARED
At the
time a child or volunteer is considered as a match candidate, information is
anonymously shared between the prospective match parties. Each match party has the right to refuse the
proposed match based on the anonymous information provided. The client or volunteer shall have the right
to discuss the specific information with staff before it is presented to the
potential match mate. Names are shared
with match mates only after the parties have agreed to the match. Agency staff shall adhere to the Agency
protocol applicable to client-volunteer matching.
VII. OTHER AGENCY REQUEST
FOR CONFIDENTIAL INFORMATION
A
client’s or volunteer’s right to privacy shall be respected by the Agency. Requests for confidential information from
other organizations that enhance the ability and quality of services to the
client may be accommodated and shall be accompanied by a signed “Authorization
to Release Information” form.
VIII. VIOLATIONS OF
CONFIDENTIALITY POLICY
1. Staff Member
A known
violation of the Agency Confidentiality Policy by an Agency staff member shall
result in disciplinary action.
2. Board Member
Violations
of the Agency Confidentiality Policy by a Board Member shall be referred to the
Executive Committee for investigation and appropriate action.
3. Volunteer
Violations
of the Agency Confidentiality Policy by a volunteer shall be referred to the
Executive Director or their designee for the appropriate action. A violation of the Confidentiality Policy
shall constitute adequate cause for termination of the match.
Insert confidentiality policy text here.