Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 6 - Division of Family and Children's Services › Chapter 1 - DFCS Policy Manual › Section 18-6-1-A - Administration › Subpart I - ADMINISTRATION › Section 18-6-1-A-I-XVIII - REGULATIONS SAFEGUARDING CONFIDENTIAL INFORMATION

Current through June 25, 2024
The
Social Security Act
requires that
						DFCS provide safeguards which restrict the use or disclosure of information
						concerning applicants and recipients of AFDC, Medicaid, child support or social
						services to purposes directly connected with the administration of the
						programs. These regulations also specify that information can be shared with
						programs administered under Titles IV-A, IV-B, IV-D, IV-E, XIX, XX, XVI and any
						federal or federally assisted program which provides assistance, in cash or
						in-kind, or services directly to individuals on the basis of need. Subject to
						section 471(c), DFCS has safeguards restricting use of or disclosure of
						information concerning individuals assisted under the state plan to purposes
						directly connected with:
* the administration of the Title IV-E plan or any of the
						state plans or programs under Parts A, B or D of Title IV or under Titles I, V,
						X, XIV, XVI, XIX or XX, or the supplemental security income program under Title
						XVI; and
* any investigation, prosecution, or criminal or civil
						proceeding conducted in connection with the administration of any such plan or
						program; and
* the administration of any other federal or federally
						assisted program which provides assistance (in-cash or in-kind) or services
						directly to individuals on the basis of need; and
* any audit or similar activity conducted in connection
						with the administration of any such plan or program by any governmental agency
						authorized by law to conduct such audit or activity.
The safeguards provided prohibit the disclosure to any
						committee or legislative body (other than an agency referred to in section
						471(a)(8)(D) with respect to an activity referred to in such clause) of any
						information which identifies by name or address any applicant for or recipient
						of assistance under Title IV-E of the
Act.
DFCS shall have in place safeguards to prevent the
						unauthorized disclosure of information in any child abuse and neglect registry
						maintained by the State, and to prevent any such information obtained pursuant
						to section 471(a)(20)(C) from being used for a purpose other than the
						conducting of background checks in foster and adoptive placement cases.
DFCS shall have in place safeguards which only allow the
						disclosure of information pursuant to 471(a)(34)(A) to the appropriate
						authorities with respect to children or youth identified in 471(a)(9)(C)(i)(I)
						of the Act who have been identified as being a sex trafficking victim and the
						disclosure of information pursuant to 471(a)(35)(B) to appropriate authorities
						with respect to children identified in 471(a)(9)(C)(i)(I) of the ACT who are
						missing or abducted.
In the use of child welfare records in state court
						proceedings, section 471(a)(8) of the
Act
shall not be
						construed to limit the flexibility of a State in determining state policies
						relating to public access to court proceedings to determine child abuse and
						neglect or other court hearings held pursuant to Title IV-B or Title IV-E of
						the
Act
, except that such policies shall, at a minimum, ensure
						the safety and well-being of the child, parents, and family.
Electronic and printed information shall be protected
						against intentional and unintentional destruction or modification and
						unauthorized disclosure or use.
A.
Confidentiality of Case Records of Children
Confidentiality of records involving children is
						established by State law in the Youth Court Act in MISS. CODE ANN. §§
												43-21-257,
						43-21-259,
						43-21-261
						and
						43-21-267.
						Excerpts of these sections pertinent to DFCS appear below.
MISS. CODE ANN. §
													43-21-257. Agency
						Records
(1)
Unless
					 otherwise provided in this section, any record involving children, including
					 valid and invalid complaints, and the contents thereof maintained by the
					 Department of Human Services, or any other state agency, shall be kept
					 confidential and shall not be disclosed except as provided in MISS. CODE ANN.
					 §
													43-21-261.
(2)
The Department of
					 Human Services shall maintain a state central registry on neglect and abuse
					 cases containing (a) the name, address and age of each child, (b) the nature of
					 the harm reported, (c) the name and address of the person responsible for the
					 care of the child, and (d) the name and address of the substantiated
					 perpetrator of the harm reported. The Department of Human Services shall adopt
					 such rules and administrative procedures, especially those procedures to afford
					 due process to individuals who have been named as substantiated perpetrators
					 prior to the release of their name from the registry, as may be necessary to
					 carry out this subsection. The central registry shall be confidential and shall
					 not be open to public inspection. Any person who shall disclose or encourage
					 the disclosure of any record involving children from the central registry
					 without following the rules and administrative procedures of the department
					 shall be subject to the penalty in MISS. CODE ANN. §
													43-21-267.
					 The Department of Human Services and its employees are hereby exempt from any
					 civil liability as a result of any action taken pursuant to the compilation
					 and/or release of information on the registry pursuant to this section and any
					 other applicable section of this code. If an employee is determined to have
					 willfully and maliciously performed such a violation, said employee shall not
					 be exempt from civil liability in this regard.
MISS. CODE ANN. §
														43-21-259.Confidentiality
						of Other Records Involving Children
All other records involving children and the
						contents thereof shall be kept confidential and shall not be disclosed except
						as provided in MISS. CODE ANN. §
														43-21-261.
1.
Child - Specific Information
The release of child-specific information will be limited
						to individuals, agencies, and organizations which demonstrate a "need and right
						to know" for the purpose of providing services to the child. These individuals,
						agencies, and organizations include:
* Placement Resources
* Educational providers
* Medical/Dental providers
* Mental Health providers
It is important to note that any person or entity
						provided access to child-specific information under this policy shall be
						required to maintain the information in accordance with state and federal laws
						and regulations regarding confidentiality. (MISS. CODE ANN. §§
														43-21-261
						and
						43-15-21).
2.
Photographs and Interviews
DFCS workers shall maintain, in the appropriate case
						file, a current photograph of each foster child. Along with current photograph,
						a photo or written description of all distinguishing marks, tattoos or "any"
						other body modification shall also be maintained in their case file. Photos
						shall not be taken of child/youth's private areas by DFCS staff
Current photographs of foster children may be released to
						law enforcement officials, the county or district attorney, the court and the
						National Center for Missing and Exploited Children (NCMEC) in order to protect
						the child from abuse, neglect or other harm.
All photographs including videos, media presentations,
						and publications of foster children are covered under the confidentiality law
						(MISS. CODE ANN. §§ 43-21-261and 43-15-21).
a)
Photographs -
Specific Confidentiality Information
* A foster child's face may not be shown, unless there
						has been a termination of the child's parent's rights (TPR).
* A general group setting is permissible, if all of the
						children's parent's rights have been terminated.
* A child may not be identified as a foster child, unless
						the situation involves a recognition or honor of the child, then only with
						approval of the DFCS Worker
,
the Worker's Area Social
						Worker Supervisor
(
ASWS), the natural parents if TPR
						has not been achieved and the
Guardian AD Litem
(GAL).
b)
Interviews
* A foster child may not be interviewed nor any
						photographs of him/her published in the DFCS annual report, or any document or
						publication which would be used as a marketing tool.
* If the Worker agrees that the interview is in the best
						interest of the child, foster children, 14 years and older, may be interviewed
						with the written consent of the DFCS COR Worker and ASWS, the birth parents (if
						TPR has not been achieved) and the GAL.
* The interview must be coordinated with the DFCS Worker
						and one of the following people must be present during the interview: the
						Worker, Resource Parent(s), a representative of the private agency if
						applicable, and the GAL.
Disclosure of Records, Refer to MISS. CODE ANN.
						§
																43-21-261
The Child Abuse Prevention and Treatment Act (CAPTA), as
						amended (
						42 U.S.C.
						5101 et seq.) requires disclosure of certain
						information related to child fatalities and near fatalities which occurred as a
						result of abuse or neglect. A "near fatality" is defined under section 106
						(b)(4)(A) as "an act that, as certified by a physician, places the child in
						serious or critical condition." There are requirements, limitations, and
						exceptions. This information should not be disclosed to the public at the
						county or regional level and should only be disclosed by State Office personnel
						through the Public Records Request process. Anyone requesting this information
						should be directed to Human Resources at MDHS State Office.
DFCS shall protect confidential and other sensitive
						information from theft, unauthorized use, damage, or destruction by:
a. limiting access to authorized personnel on
					 a need-to-know basis;
b. backing
					 up electronic data, with copies maintained off premises;
c. using firewalls, anti-virus and related
					 software, and other appropriate safeguards; and
d. maintaining paper records in a secure
					 location.
Security shall be ensured with individual identification
						numbers assigned to each user. Their sign-in number and password identifies
						their actions in the case records. Each user will be assigned a profile when
						their accounts are established. There are times that the user's account profile
						is changed. This change is documented in MACWIS.
a. Security and navigation are secure enough
					 to deny unauthorized users access to the system. At the same time, the system
					 is flexible enough to guide authorized users to the desired screens.
b. Mississippi Information System (MIS)
					 Operations shall perform a daily partial back-up of data and on the weekend and
					 full system back-up is done. Data shall be stored on tapes and kept offsite at
					 the Information Technology Service (ITS).
c. The DFCS shall provide firewall protection
					 for all the DFCS's computer systems. Symantec is used for the anti-virus
					 software.
d. Documentation is kept
					 in manual in a secure location.
Secure storage of paper records shall include: locked
						file cabinets; a locked file room with limited access or a gatekeeper system
						whereby one person or a few people can unlock the file storage area or access
						the files themselves; or a system using a keypad or keys where only authorized
						individuals are given the keypad code or copies of the keys. Agencies may also
						consider using fireproof cabinets; metal file cabinets; a sprinkler system; or
						not storing records in basements in areas that are prone to flooding.
Adoption records or a summary of all salient information
						included therein are maintained permanently, and records of children or youth
						are maintained until the age of majority or a few years beyond, depending on
						advice of counsel.
Confidential information, when electronically
						transmitted, shall be protected by safeguards in compliance with applicable
						legal requirements. The following statement shall appear on outgoing emails
						from DFCS:
Confidentiality Statement: The information
						transmitted is intended only for the person or entity to which it is addressed
						and may contain confidential, proprietary, and/or privileged material. Any
						review, retransmission, dissemination or other use of, or taking of any action
						in reliance upon, this information by persons or entities other than the
						intended recipient is prohibited. If you received this in error, please contact
						the sender and delete the material from all computers.
MISS. CODE ANN. §
																	43-21-267.
						Penalty for Violation
Any person who shall disclose or encourage the disclosure
						of any records involving children or the contents thereof without the proper
						authorization under this chapter shall be guilty of a misdemeanor and punished,
						upon conviction, by a fine of not more than one thousand dollars ($1,000) or by
						imprisonment in the county jail of not more than one (1) year or by both such
						fine and imprisonment.
Nothing herein shall prevent the youth court from finding
						in civil contempt, as provided in Section
						43-21-153,
						any person who shall disclose any records involving children or the contents
						thereof without the proper authorization under this chapter.
3.
Nature of Information to Be Safeguarded
MISS. CODE ANN. §
														43-21-261
						prohibits any employee of the Department of Human Services, state or local,
						working in any capacity, from disclosing confidential information concerning
						any applicant or recipient of assistance or services, except in the
						administration of the programs as described under REGULATIONS SAFEGUARDING
						CONFIDENTIAL INFORMATION.
The information which shall be considered confidential
						and shall not be disclosed except in the administration of the laws under which
						the Agency works shall be:
* Names and addresses of applicants and recipients.
* Lists of applicants and recipients. List of applicants
						and recipients will on occasion be requested for commercial, personal or
						political use. Under no condition may a list of clients be disclosed to any
						person, agency or business organization except as described below.
* Case records, with each and every document included.
Employees shall not disclose information of a
						confidential nature even though a record of information has not been made.
4.
Personnel
					 Action
Disciplinary action will be taken against any DFCS
						employee violating the regulations pertaining to the safeguarding of
						information in accordance with the disciplinary policies and procedures of the
						Department of Human Services and/or the State Personnel Board.
If the representative of an agency or organization to
						whom information has been disclosed violates the regulations, the Executive
						Director of the MDHS, after conducting an investigation, will report the
						employee or representative to the head of the agency
						involved.