Category Two Tool Kit Site Map
o Introduction
o Federal Law Overview
§ Education Records
· The Family Educational Rights and Privacy Act (FERPA)
o FERPA generally
o The Release of Education Records
o FERPA Exceptions
§ Directory Information
§ Judicial Order or Subpoena
§ Studies
o FERPA and the Child Welfare and Juvenile Justice Systems
o Resources on FERPA
· The Individuals with Disabilities Education Improvement Act (IDEIA)
· The Protection of Pupil Rights Amendment (PPRA)
§ Health Records
· 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
§ Court Orders
§ Studies
o HIPAA and Minors
o HIPAA and the Juvenile Justice Systems and Child Welfare Systems
o HIPAA and FERPA
o Resources on HIPAA
· 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 Exceptions to requirement of obtaining signed authorization prior to release
§ Research Exception
§ Audit
o FDAC and Minors
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
· The Federal Child Abuse Prevention and Treatment Act (CAPTA)
· The Juvenile Justice and Delinquency Prevention Act (JJDPA)
· Indian Child Welfare Act (ICWA)
· Resources on CAPTA, JJDPA, and ICWA
o State Laws
§ State Laws Generally
§ Resources on State Laws
o General Resources on Confidentiality Laws
o Category Two Scenarios
§ Scenario 1: State Youth Services Department and Local School District
§ Scenario 2: State Child Welfare Agency, State Education Agency, and Local Education Agency
§ Scenario 3: City Child Welfare Agency and City Department of Behavioral Health
§ Scenario 4: Community Coalition Considering Sharing Aggregate Data Related to Youth
§ Scenario 5: Juvenile Court, School Resource Officer
o Answers to Category Two Scenarios
§ Scenario 1: State Youth Services Department and Local School District
§ Scenario 2: State Child Welfare Agency, State Education Agency, and Local Education Agency
§ Scenario 3: City Child Welfare Agency and City Department of Behavioral Health
§ Scenario 4: Community Coalition Considering Sharing Aggregate Data Related to Youth
§ Scenario 5: Juvenile Court, School Resource
o Principles for Category Two
o Guidelines for Category Two
§ 2A. Create the foundation.
Ø Establish the infrastructure for organization and governance.
Ø Identify the goal for data collection and sharing for program evaluation and/or performance measurement.
Ø Review existing federal and state laws.[1]
Ø Assess the readiness of information technology systems to support the project.
Ø Provide the training.
§ 2B. Develop the questions that need to be answered for improved law, policy, and program development and to determine whether desired outcomes are being met.
§ 2C. Identify and review existing databases by conducting a data inventory.[2]
§ 2D. Determine what data elements are missing from current databases to answer questions for improved law, policy, and program development.
§ 2E. Update the existing data systems and design other methods to collect additional data to support improved law, policy and program development.
§ 2F. Establish each agency’s responsibility and accountability for data collection, including specifying the parameters of interagency data collection and sharing for the participating agencies and the reporting of data to participating agencies and the public.[3]
§ 2G. Establish privacy rules, access rights, and security safeguards to protect against the potential for undesirable publication of individual case information in the data collection process.
§ Following the Guide: An Overview of the Process
o Case Studies
§ Washington State[4]
§ Newtown County, GA
[1] Tools in this section: Jefferson, LA parish catalogue of information sharing laws.
[2] Tools in this section: Category Two Juvenile Justice Mapping Survey for Louisiana Models for Change; a white paper by the Gartner Group
[3] Tools in this section: Category Two Template for Developing an Interagency MOU and Newton County, Georgia MOU.
[4] Tools in this section: Models for Change Innovation Brief, Beyond Anecdote: New Resources in Washington State for Data-Informed Policy Reform (2013)