JACKSONVILLE YOUTH SANCTUARY

CONFIDENTIALITY

Jacksonville Youth Sanctuary (JYS provideS guidance for all staff within Jacksonville Youth Sanctuary with regard to the communication or disclosure of client information, records and services received by current and former clients who are no longer minors.  All protected health information falls under the guidelines of HIPPA as outlined in the Notice of Privacy Practices. 

Programs within Jacksonville Youth Sanctuary make every effort to ensure that all persons served are protected against abuses of confidential information.

Jacksonville Youth Sanctuary prohibits:

·        Disclosure of any client information regarding youth/ persons served (past or present) without the express written consent of the parent/guardian, youth and as applicable the Department of Children and Families. This prohibition applies to all current and former clients.

·        Client participation in public performances, which are against the wishes of the person(s) served; or coercion; or without the informed consent of the person(s) and if minors; of both the person(s) served and the parent or guardian.

·        The requirement or encouragement of public statements by the client which express gratitude to the organization

·        Using identifiable photos, video tapes, audio-taped interviews, artwork or creative writing for public relations purposes or for fundraising purposes with out the consent of the person(s) served, or if a minor, both the person and the parent or guardian

All service provider records, which pertain to the identity, diagnosis and prognosis of; and service provision to any individual client are confidential. Records may not be disclosed without the written consent of the client to whom they pertain, with the following exception:

·        Medical personnel in a medical emergency

·        Service provider personnel that need to know the information in order to carry out duties relating to the provision of services to a client.

·        Purposes of scientific research in accordance with federal confidentiality regulations; only upon agreement in writing that the client’s name and other identifying information will not be disclosed.

·        For review of records on the service providers premises by persons who are performing an audit or evaluation on behalf of any federal, state, or local government Jacksonville Youth Sanctuary, or third party payor.

·        The court orders such release.

·        Information can also be released when the client has declared intent to harm other persons (Duty to warn). The program may authorize the release of sufficient information to provide adequate warning to the person threatened by the client.

·        An agent of the Department of Children and Families, when necessary for the treatment of the client, maintenance of adequate records, compilation of treatment data, after care planning, or evaluation of a program; can request records.

Any disclosure of information concerning current or former clients or those who are no longer minors, either through written documentation or oral communication, without written permission of the client/person served will constitute a breach of client confidentiality.

In addition, all staff performing intake services is responsible for:

·        The client and/or parent/legal guardian is required to sign a document stating they have been informed of and understand the Jacksonville Youth Sanctuary’s confidentiality policy.

• Upon the termination of services, the client and/or parent/legal guardian is required to sign a Release of Claims Form, discharging Jacksonville Youth Sanctuary from liability in the event he/she/they voluntarily or inadvertently disclose confidential information about himself/herself or other persons served.

Liability/Immunity

Service provider personnel who violate or abuse any right or privilege of a client are liable for damages as determined by law; as well as, disciplinary action up to and including termination of employment.

Persons acting in good faith, reasonably, and without negligence regarding the preparation or execution of petitions, applications or other documents or treatment will be free from liability, civil or criminal action, by reason of such acts.  (Cited, Florida Statutes 394, 397 and 415.51)

Client File Review

·        Clients’ have reasonable access to their records, unless such access is determined by the Jacksonville Youth Sanctuary Program Director to be harmful to the client.

·        If the client’s right to inspect his or her records is restricted by the program, written notice of such restriction shall be given to client, client’s guardian, guardian advocate, attorney and representative; if applicable.

·        The restriction shall be recorded in the record, together with the reason for the restriction.

Legal Counsel or Consultation

All Jacksonville Youth Sanctuary program staff are expected to obtain direction from Program Directors, Program Supervisors, Chief Executive Director or designee and when necessary, the Jacksonville Youth Sanctuary Attorney, in unusual circumstances, or circumstances which are not specifically addressed in this policy, prior to releasing information.

Protection of Client Rights

All person(s) served or parent/legal guardian will sign a Release of Information, prior to the release of any information contained in the record. The Release of Information specifies:

·        The specific time period, not to exceed 90 days or 1 year for ongoing services (effective and expiration dates) in which permission granted is in effect

·        Specific information given

·        To whom the information is given

·        The purpose, except where disclosure is mandated by law or judicial action

·        From whom the information is given

·        All disclosures will be documented in the client’s file

The Confidentiality Disclosure process will be reviewed and explained to each client/person served by the assigned counselor prior to the client signing the form, to ensure adequate protection of children without permanent or family ties and persons who are vulnerable due to mental health issues or illiteracy. There is a statement on the Release of Information form, which notifies the person or parent/legal guardian or family served that his/her consent may be withdrawn at any time. A copy of the release of information is provided to the person served or parent/legal guardian and a copy is placed in the case record.

Administrative Review

The Continuous Quality Improvement sub-committees within Jacksonville Youth Sanctuary will perform a review of case records to determine compliance with confidentiality disclosures and Jacksonville Youth Sanctuary protection of client rights.