Category One Toolkit Site Map
o Introduction
o Federal Law Overview
§ Education Records
Ø The Family Educational Rights and Privacy Act (FERPA)
o FERPA generally
o The Release of Education Records
o FERPA Exceptions
§ Directory Information
§ School Official with Legitimate Educational Interest
§ Health or Safety Emergency
§ Judicial Order or Subpoena
§ Enrollment in Another School
§ Studies
§ Investigation/Prosecution of Terrorism “Patriot Act”
§ SEVIS Data
o FERPA and the Child Welfare and Juvenile Justice Systems
o Resources on FERPA
Ø The Individuals with Disabilities Education Improvement Act (IDEIA)
Ø The Protection of Pupil Rights Amendment (PPRA)
§ Health Records
Ø The Health Insurance Portability and Accountability Act (HIPAA)
o HIPAA Generally
o Protected Health Information
o Entities Governed by the Privacy Rule
o The Release of Protected Health Information
o Exceptions to requirement of obtaining authorization prior to release
§ Treatment, payment, and billing operations
§ Health or safety threat
§ Abuse, Neglect or Domestic Violence
§ Law Enforcement
§ Court Orders
§ Subpoenas
§ Other Treatment Providers
o HIPAA and Minors
o HIPAA and the Juvenile Justice Systems and Child Welfare Systems
o HIPAA and FERPA
o Resources on HIPAA
Ø Federal Drug and Alcohol Confidentiality Laws and Regulations
o FDAC Laws and Part 2 Generally
o The Release of Information Covered by Part 2
o FDAC and Minors
o Exceptions to requirement of obtaining signed authorization prior to release
§ Research Exception
§ Audit
§ Medical Emergencies
o General Exclusions from Part 2 restrictions
o Part 2 and the Juvenile Justice and Child Welfare Systems
o Resources on FDAC Laws
§ Other Federal Laws
Ø The Federal Child Abuse Prevention and Treatment Act (CAPTA)
Ø The Juvenile Justice and Delinquency Prevention Act (JJDPA)
Ø Indian Child Welfare Act (ICWA)
Ø Resources on CAPTA, JJDPA, and ICWA
o State Laws
§ State Laws Generally
§ Resources on State Laws
o General Resources on Confidentiality Laws
o Category One Case Scenarios
§ Scenario 1: Juvenile Probation and Child Welfare Agency
§ Scenario 2: Juvenile Probation, Prosecutor’s Office and School
§ Scenario 3: Juvenile Probation Officer and Outpatient Mental Health Counselor
§ Scenario 4: Multi-agency Meeting to Develop Re-Entry/Transition Plan
§ Scenario 5: Student Assistance Program and Children & Youth Caseworker
§ Scenario 6: Detention Center worker, School Counselor and Treatment Provider
§ Scenario 7: Special Education Teacher, Children & Youth Caseworker, and Foster Parent
§ Scenario 8: Child Welfare Agency and Prosecutor
§ Scenario 9: Contracted School Mental Health Provider, Community Mental Health Provider, Teacher, Principal, and SAP Coordinator
§ Scenario 10: Independent Living Provider and School
§ Scenario 11: School Resource Officer and School Counselor
o Answers to Category One Case Scenarios
§ Scenario 1: Juvenile Probation and Child Welfare Agency
§ Scenario 2: Juvenile Probation, Prosecutor’s Office and School
§ Scenario 3: Juvenile Probation Officer and Outpatient Mental Health Counselor
§ Scenario 4: Multi-agency Meeting to Develop Re-Entry/Transition Plan
§ Scenario 5: Student Assistance Program and Children & Youth Caseworker
§ Scenario 6: Detention Center worker, School Counselor and Treatment Provider
§ Scenario 7: Special Education Teacher, Children & Youth Caseworker, and Foster Parent
§ Scenario 8: Child Welfare Agency and Prosecutor
§ Scenario 9: Contracted School Mental Health Provider, Community Mental Health Provider, Teacher, Principal, and SAP Coordinator
§ Scenario 10: Independent Living Provider and School
§ Scenario 11: School Resource Officer and School Counselor
o Principles for Category One
o Guidelines for Category One
§ 1A. Create the foundation.
Ø Establish the infrastructure for organization and governance
Ø Identify the goals for data collection and sharing for program evaluation and/or performance measurement
Ø Review existing federal and state laws
Ø Assess the readiness of information technology systems to support the project
Ø Provide the training
§ 1B. Identify all key decision points that may require the sharing of information and map out the desired flow of information from one point to the next.[1]
§ 1C. Identify what laws and policies govern the sharing of information at each decision point. This effort should take into account federal and state law, any federal and state regulations, and local policy memoranda regarding information sharing.
Ø Review the Category One Federal Law Overview
Ø Review the Template for Narrative Legal Analysis to analyze state laws[2]
Ø Utilize a matrix to organize laws and policies across agencies to pinpoint the circumstances under which information mapped in the desired flow may or may not be shared[3]
Ø Identify any existing memoranda of understanding or policies that govern information sharing across agencies.
Ø Identify any changes in practice to be implemented to ensure compliance with governing laws regarding disclosure of information.[4]
§ 1D. Develop any needed law and policy for effective sharing of case information among the involved agencies.
Ø Use the Worksheet for Analyzing Statutes.[5]
Ø Review and complete the Worksheet for Analyzing MOUs.[6]
Ø Review sample MOUs and review and complete the Template for Developing an Interagency MOU.[7]
§ 1E. Develop the protections for the information that is to be shared.[8]
§ 1F. “Develop accessible processes and procedures for youths and/or their parents/legal guardians, in accordance with applicable law, to review information that is collected about them and that may be disclosed. Provide them with the procedures and opportunity to approve and/or amend their information.”[9]
§ 1G. Identify the information sharing systems and their current capacities.
§ 1H. Develop protocols for the operation of information sharing agreements, practitioner’s guides, authorization to release forms, and any other tools for case information sharing.
Ø Authorization to release information forms (consent forms)[10]
Ø Business Associate Agreements[11]
Ø Qualified Service Organization agreements
Ø Court Orders[12]
§ 1I. Seek approval of any drafted tools such as information sharing agreements, practitioner’s guides, and authorization to release of information forms from the participating agencies and their legal counsels.
o Case Studies
§ Jefferson Parish, Louisiana[13]
§ Clark County, Washington[14]
§ Florida
[1] The following tools appear in this section: Map of Juvenile Justice Process; Map of the Child Welfare System Process; and Decision Point Legal Analysis Worksheets.
[2] Tools in this section: Template for Narrative Analysis of Legal Requirements for Information Sharing; Matrix developed in Miami.
[3] Tools in this section: Decision Point Legal Analysis Worksheet; Matrix for King County, WA; Matrix for Clark County, WA; Matrix for Colorado; and Matrix for Hawaii.
[4] Tools in this section: Decision Point Legal Analysis Worksheet; Template for Narrative Analysis of Legal Requirements for Information Sharing.
[5] Tool in this section: Worksheet for Analyzing Statutes.
[6] Tool in this section: Worksheet for Analyzing MOUs.
[7] Tools in this section: Template for Developing an Interagency MOU; Sample Interagency Agreement on Information Sharing, developed by United for Youth; Hopetown Hypothetical Agreement ; Outagamie County, WI MOU; Jefferson County, LA MOU.
[8] Tools in this section: Worksheet for Analyzing Statutes; Worksheet for Analyzing MOUs; Template for Developing an Interagency MOU.
[9] Tools in this section: Worksheet for Analyzing Statutes; Worksheet for Analyzing MOUs; Template for Developing an Interagency MOU.
[10] Tools in this section: Comprehensive Multiagency Consent Form; Clark County form.
[11] Tools in this section: Department of Health and Human Services Office of Civil Rights; A Colorado business associate agreement.
[12]Tools in this section: Judicial order from Georgia; order from Cook County, Illinois
[13] Tools in this section: Jefferson Parrish’s information sharing MOU; Jefferson Parish catalogue of laws); John Ryals’ monograph on developing Jeff Parrish MOU.
[14] Tools in this section: Clark County Release of information form; Clark County Resource Guide.