Policy |
DCF client information and
records are confidential. A client's consent is generally required in order to disclose
information to another agency or individual. However, disclosure of information without a
client's consent is authorized, and in some cases mandated, according to Connecticut
General Statutes.
Legal Reference: CONN. GEN. STAT. §17a-28; 17a-101. |
Definitions |
DCF clients include the
children served by the Department as well as their parents.
Client information and records mean information created or
obtained in connection with the Department's child protection activities or activities
related to a child while in the care or custody of the Department, including information
in the Central Registry. Records not created by the Department are not subject to
disclosure except as specifically noted.
Consent means permission given in writing by a DCF client, his
attorney or authorized representative to disclose specified information within a limited
time period to specifically identified individuals.
Disclose means (a) to provide oral summary of records maintained
by the Department or (b) to allow the review or provide copies of records in whole, part
or summary form. |
Release Forms |
There are two (2) approved
forms to authorize the release of information to or from the Department:
- DCF-2131, "Authorization for Release of Information" (for non-HIV related
information)
- DCF-2134, "HIV Authorization for Release of Information".
|
| Mandated Disclosure of Information |
Upon their request, DCF must
provide Connecticut State's Attorneys with copies of any information contained in DCF
files. This information must be requested pursuant to the investigation or prosecution of
allegations of child abuse and neglect.
Note: Information contained in the record from the
Superior Court for Juvenile Matters shall only be released upon an order of the court. |
Permissive Disclosure of
Information |
DCF may, at its discretion and
if it is determined to be in the client's best interest, release information without the
client's consent to the following individuals:
- A multidisciplinary investigation team formed to assist the Department in the
investigation, treatment or review of child abuse and neglect cases.
- An authority in another state responsible for investigating or protecting against child
abuse and neglect.
- An individual, including a physician, who is authorized to place a child in protective
custody if the child is before him and the information is required to determine whether
the child should be placed in protective custody.
Cross-reference: Central Registry, policy 33-30.
- An individual or agency responsible for a child's care and custody and authorized by the
Department to diagnose, care for, treat or supervise a child who is the subject of a
report of abuse or neglect.
- The attorney general or assistant attorney general providing legal counsel to the
Department.
- Individuals or agencies engaged in medical, psychological or psychiatric diagnosis or
treatment of a client and/or the person who perpetrated the abuse. Disclosure is permitted
when the information is needed to accomplish the objective or diagnosis or treatment.
- Mandated reporters: Information disclosed shall be limited to the final disposition of
the investigation and services provided or arranged for by the Department to protect the
child from further harm.
|
Protected Information |
Information identifying a
non-mandated reporter shall not be released without his/her written consent except to
employees of DCF, law enforcement officers, a state's attorney or an attorney general.
Individuals who cooperate with an investigation of child abuse or
neglect may request that their identity be kept confidential. The Department may also
decide to protect this information if disclosure would be detrimental to the person's
well-being.
Note: If a state's attorney requests this information,
it must be disclosed. |
| Procedures for Disclosure |
When information is disclosed
from a client's record, the DCF worker shall
- first attempt to secure the client's written consent
- advise the recipient that the information is confidential and cannot be disclosed
further except as provided by statute
- document in the client's record what information was released, to whom and for what
purposes.
|
| Office of Public Information |
Requests for client and records and
information from the following individuals shall be forwarded to the Office of Public
Information:
- Legislative Program Review and Investigations Committee
- news media and members of the general public
- individuals conducting research
- auditors of public accounts
The Office of Public Information may also disclose that the Department
has commenced a child abuse or neglect investigation if disclosure is determined to be in
the client's best interest. |
Client Access |
A DCF worker shall
- disclose information or records to clients, their attorneys or authorized
representatives, at their request, unless it is determined to be contrary to their best
interest
- advise clients of their right to have the reason for denying access set forth in a
written notice signed by the Commissioner
- advise clients of their right to seek judicial relief if access is denied.
|
| Penalty for Unauthorized Disclosure |
Any unauthorized disclosure of
client information or records may be punishable by a fine of not more than one thousand
dollars or imprisonment for not more than one year, or both. |
