Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › CONFIDENTIALITY › Section 15.105 - Limited access to records and disclosure of information

Current through Register Vol. 54, No. 28, July 13, 2024
Information in a protective services case record may not be
					 disclosed, except as provided in this section.
(1) Information may be disclosed to a court
				  of competent jurisdiction or under a court order. The protective service agency
				  shall disclose case record information for the purpose of in camera review by
				  the court.
(2) If an investigation
				  by the agency results in a report of criminal conduct, law enforcement
				  officials shall have access to relevant records maintained by the agency or the
				  Department.
(3) In arranging
				  specific services to effect service plans, the agency may disclose to
				  appropriate service providers information necessary to initiate the delivery of
				  services.
(4) A subject of a
				  report, a court-appointed guardian or an attorney providing legal services to
				  the subject of the report made under §
										15.23 (relating to receiving
				  reports; general agency responsibility) may receive, upon written request,
				  information contained in the report except that prohibited from being disclosed
				  by paragraph (5).
(5) The release
				  of information that would identify the person who made a report of suspected
				  abuse, neglect, exploitation or abandonment or a person who cooperated in a
				  subsequent investigation, is prohibited unless the Secretary can determine that
				  the release will not be detrimental to the safety of the person. Prior to
				  releasing information under this paragraph, the Secretary will notify the
				  person whose identity would be released that the person has 45 days to advise
				  the Secretary why this anticipated release would be detrimental to the safety
				  of that person.
(6) When the
				  Department is involved in the hearing of an appeal by a subject of a report
				  made under § 15.23, the appropriate Department staff shall have access to
				  information in the case record relevant to the appeal.
(7) For the purposes of monitoring agency
				  performance, appropriate staff of the Department may have access to agency
				  protective services records.
(8)
				  For the purposes of monitoring agency performance and carrying out other
				  administrative responsibilities, individuals with local administrative
				  authority over the protective services program may have access to agency
				  protective services records.
This section cited in 6 Pa. Code §
												15.12 (relating to administrative
						functions and responsibilities of area agencies on aging); 6 Pa. Code §
												15.46 (relating to law enforcement
						agencies as available resources); 6 Pa. Code §
												15.81 (relating to rights of
						protective services clients); 6 Pa. Code §
												15.82 (relating to rights of
						alleged abusers); 6 Pa. Code §
												15.95 (relating to case
						management); 6 Pa. Code §
												15.102 (relating to maintenance of
						case files); 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act); and 6 Pa. Code §
												15.157 (relating to confidentiality
						of and access to confidential
						reports).