Section 3680.35. Release of information in client records

(a) The legal entity shall establish, and ensure adherence to, written policies and procedures regarding the release of information contained in client records.

(b) The policies and procedures shall include, at a minimum, the following provisions:

(1) Information contained in a client record. The information shall be disclosed, upon request, to:

(i) A child’s parents or guardian.

(ii) A child’s or parent’s attorney.

(iii) A court and court services—probation—staff or county agency staff.

(iv) Authorized agents of the Department.

(v) The child, if 14 years of age or older. The agency may withhold from a child information which it has good reason to believe will be harmful to the child. The basis for withholding information from a child shall be recorded in the child’s case record.

(2) A requirement that the placing agency concurrence shall be obtained prior to withholding information from a child who requests information from his record.

(3) A stipulation that information contained in the client record may be released to volunteers and other providers of services. The amount and type of information to be released shall be determined by the legal entity and shall be limited to information needed by the service provider to carry out its responsibilities. The decision to release information shall be based on the legal entity’s assessment of the individual case record and the responsibilities of a service provider. Information released may include part or all of the case record.

(4) A stipulation that information from the client record may not be released to a person or agency other than those specified in paragraphs (1) and (3) without prior authorization of the court.

(5) A stipulation that information from a record may be made available only when the information being released does not contain material which violates the right to privacy of another individual or is protected or made confidential by law, or both. This may not be construed to protect the right to privacy of a staff person employed by the agency.

(6) A stipulation that to the extent that information contained in the client record is protected by 23 Pa.C.S. Part III (relating to the Adoption Act), 23 Pa.C.S. § § 6301—6384 (relating to the Child Protective Services Law) and Chapter 3490 (relating to protective services), and that access to and release of information shall be in accordance with the statutes and this title.

(c) The legal entity may use, or authorize the use of, information contained in a client record for teaching or research purposes. Information used for teaching or research may not include names or other information which might identify, directly or indirectly, persons receiving services from the agency.

(d) The legal entity shall approve or disapprove, in writing, requests from persons not employed by the agency who wish to conduct research using client records.

The provisions of this § 3680.35 adopted January 23, 1987, effective July 23, 1987, 17 Pa.B. 392.

Notation

Authority

The provisions of this § 3680.35 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).