Collection & Sharing of Information

1. What agencies might keep information about children and their families?
2. What kinds of information do agencies keep in records about children and their families?
3. What do agencies do with the information in their records?
4. When a child receives treatment or services, why does the agency need information about the rest of the family?
5. Why do agencies share information with each other?
6. How is information shared between agencies?
7. When can agencies share information?
8. If an agency asks for permission to share information about a child, what should the parent do?
9. What should parents look for when they read their child’s record?
10. Do parents have to sign consent forms to let agencies exchange information about their child?
11. What happens if a parent decides not to allow agencies to share information about their child?
12. Can a parent allow some information to be released and withhold other information?
13. Can a parent limit the time during which an agency can share information?
14. Can a parent withdraw consent?
15. How can parents know what information about their child has been shared with another agency?

A. What agencies might keep information about children and their families?

Each of the following agencies keeps records about children and families who have been involved with the organization.

1. Juvenile court – A juvenile court keeps a file on each child who comes before the court. The file is kept in the court clerk’s office.
2. Law Enforcement Agencies – If a child has been arrested, the law enforcement agency that arrested him/her will have a record. This could be the local sheriff’s office, the city, county or state police, or a federal law enforcement agency.
3. The Department of Juvenile Justice (DJJ) – This agency provides information to the court through the court service units and supervises youth placed on probation or parole. These records are kept locally with the court services unit. DJJ also operates detention and correctional centers. Records on all youth served in these centers are kept separately from the probation and parole records.
4. The Department of Social Services – This agency provides services to and keeps records on children and families for many reasons. Among the records most likely to be brought to the attention of the court or to be of use in accessing treatment services are the following:
   • Reports of suspected child abuse or neglect;
   • Documentation of foster care services.
   
5. Schools – Public and private schools keep records on every youth who has been enrolled. If a child has been committed to the Department of Juvenile Justice, he or she will have a record with the Department of Correctional Education, which provides educational services to children and adults who are incarcerated. This department is not a part of the Department of Education.
6. Medical providers – All doctors, dentists, and other health care providers keep a record of the treatment they provide. If a child is hospitalized or seen in an emergency room, the hospital will also have a record of the treatment provided.
7. Mental Health Service Providers – Mental health services may be provided by a psychologist, a psychiatrist, a social worker, or a licensed professional counselor. Children who have received mental health treatment or counseling services will have a record wherever the treatment was provided (for example, at a private practice office, a community mental health center, or a psychiatric hospital).
8. Substance abuse treatment services – Youth may receive treatment for drug or alcohol addictions at a variety of places including those that provide other mental health treatment services. Any agency that provides drug or alcohol treatment will maintain a record of that treatment.
9. Comprehensive Services Act (CSA) offices – CSA offices support Family Assessment and Planning Teams (FAPTs) that not only keep records about the services they provide but also collect information from other service providers.

B. What kinds of information do agencies keep in records about children and their families?

While different agencies collect and use different kinds of information to help decide how they can best help a child or family, the following types of information are included in the records of almost all agencies that provide services to youth and families:
   • The reasons the child and family are receiving services;
   • A social history of the child and the family;
   • Reports of psychological, psychiatric, medical, educational, and other evaluations;
   • Reports from other agencies about the child and family;
   • Documentation of treatment and services provided;
   • The outcome of the services provided (i.e. whether the child made progress);
   • Recommendations for future treatment or services.

C. What do agencies do with the information in their records?

Agencies use the information to develop treatment plans and services to meet the individual needs of the child and family. They also record progress made while the child and family were receiving services and recommendations for future services or treatment.

D. When a child receives treatment or services, why does an agency collect information about the rest of the family?

The causes of emotional and behavioral disabilities in children are complex and, in many cases, may be unknown. Treatment of emotional and behavioral disabilities is most effective when provided within the context of the family. This means that treatment must consider the culture and ethnicity of the family, its traditions and values, and its strengths and needs. It also means that family members need to take part in planning the treatment and work with the treatment provider to carry out the plan in the home and community.

Often when parents are asked to be involved in the treatment of their child, they feel they are being blamed for their child’s problems. These feelings may be created or reinforced by the opinions of people in their families and communities and by professionals who work with them and their children.

E. Why do agencies share information with each other?

1. The law may require that they share information. For example, in Virginia when a youth is charged with certain delinquent acts, like possession of drugs or serious assaults, the court services unit is required by law to notify the superintendent of schools where the youth is enrolled.
2. By sharing information, agencies can avoid unnecessarily duplicating evaluations. For example, if a youth has a recent psychological report in his school record, he may not need additional testing.
3. Sharing information helps agencies provide better services. For example, if an agency that provides mental health services shares psychological information about your child, the school may be better able to provide services that will help your child’s educational progress.

F. How is information shared between agencies?

There are three ways that agencies share information.

By exchanging written records. An agency may give copies of part, or all, of a child’s written records to another agency.

By talking. Staff of one agency may share information verbally with staff of another agency. This may occur at a meeting where services for the youth or family are being discussed, during telephone conversations, or informally whenever staff persons from different agencies meet. In these instances, there may be no record kept of precisely what was discussed or what information was exchanged. However, there may be a notation in the written record that the discussion occurred and the topic of the discussion (i.e., “telephone call with Ms. Smith, DSS, re: services needed after discharge from the hospital”)

By sharing databases. Sometimes agencies share a computer database where information about clients is stored. When this occurs, staff from the agencies store information on the database and also have access to the information stored by other agencies.

G. When can agencies share information?

1. Agencies can share information from a child’s record when a parent consents to release records and gives permission. In most cases, a written consent to release information is required.
2. Agencies also share information when they are required to do so by law. For example, court service units must notify your school superintendent if your child is charged with certain crimes. This information is shared automatically without notice to you. Also, schools do not need your permission to send your child’s school records to another school in which your child is enrolling.
3. Sometimes agencies are ordered by a court to release a child’s records. The court can order an agency to give your child’s records either to the court or to someone else, such as your child’s guardian ad litem. The court can also issue a subpoena for the record. The agency that receives a subpoena or the person whose records are being subpoenaed may ask that the subpoena be quashed -- that is, that the court cancel its request for the records. The judge then decides whether to uphold the subpoena or to cancel the request.

H. If an agency asks for permission to share information about a child, what should the parent do?

Parents should always ask why the information is needed. If parents already know the answer to that question or if they are satisfied with the answer they receive, then they should do the following:

1. Ask to see the information that will be shared.
2. Ask for an explanation of anything in the record that they do not understand.
3. Ask for a copy of the record if they want one.
4. If there are errors in the records, ask to have them corrected. A parent can delay making a decision about whether to release the records until the agency responds to this request.
5. Sign the information release form when they are comfortable that the records are accurate and should be shared.

If a parent does not believe that sharing a child’s record is in the child’s best interests he/she can decline to sign the release. Parents may wish to talk to an attorney or child advocate before making such a decision because refusing to release records may prevent a child from receiving treatment or may result in a child receiving the wrong treatment.

I. What should parents look for when they read their child’s record?

1. Accuracy. Be sure the information is correct.
2. Completeness. If important information has been omitted, ask to have it included.
3. The basis for professional opinions. Does the information in the record support the opinion?

J. Do parents have to sign consent forms to let agencies exchange information about their child?

No. Parents do not have to consent to the exchange of information. The following are some things parents should think about before allowing their children’s records to be shared among agencies.

1. How could sharing the information help the child?
2. Could sharing the information hurt the child or family?
3. Considering the child’s age, how does he or she feel about releasing this information?
4. Does the agency need all the information it is asking for?

K. What happens if parents decide not to allow agencies to share information about their child?

1. If a parent refuses to release information to an agency, the agency may refuse to provide services. If parents have good reasons for not wanting to share some information about a child, they should explain this to the agency and ask if the information needed can be provided in other ways. While the agency may still refuse to provide services without the records, the decision to share or not belongs to the parent.
2. If an agency has incomplete information about a child, it may not provide services that are the most appropriate for the child. Further, a child could be offered treatments that have been tried unsuccessfully in the past. This may delay improvement and be a source of frustration for the parent and the child.
3. If parents are viewed as uncooperative, treatment providers may be less willing to work with the child and family.
4. If a child is involved in a court proceeding, the court may order an agency to provide information to the court, to the Department of Juvenile Justice, and to the lawyers involved. If this happens and the parents don’t want the information shared, they can challenge the court order. This may require the help of a lawyer.

L. Can a parent allow some information to be released and withhold other information?

Yes. Many agencies have categories of information listed on the consent form they ask parents to sign. They may list things like psychological reports, education records, or social histories. A parent can indicate which part of the record is to be released. In order to know what information will be shared, a parent should ask to read the record before it is sent to another agency.

M. Can a parent limit the time during which an agency can share information?

Yes. Parents can state on the release form the period of time during which the records may be released. Some release forms will have a printed statement, specifying that consent is valid for one year. If a different period of time is preferred, the parent can simply mark through the time period already on the form and write in the preferred dates. If a child has an ongoing need for services, the parent may want to make the consent good for a longer period of time.

N. Can a parent withdraw consent?

Yes. Parents can change their mind. If this happens, the parent should tell the agency to stop releasing information about the child. They should also write a letter to the agency and state that they are withdrawing consent as of a certain day. Ask that the letter be put in the child’s file then follow up with a visit to make sure this has happened.

O. How can parents know what information about their child has been shared with another agency?

Many agencies keep a list of what information from a child’s record was shared and with whom. When information is shared verbally, the record may contain a note that information was shared but generally gives little detail about what was said.