4. Disclosure of Confidential Records/Information to Tribes

Approval: Jennifer Strus, Assistant Secretary

Original Date: September 1, 1991

Revised Date: September 12, 2016

Policy Review: June 30, 2020

Purpose

To preserve and protect the confidentiality of children and families served by Children’s Administration (CA).

Scope

This policy applies to all CA staff.

Laws

RCW 13.50 Keeping and Release of Records by Juvenile Justice or Care Agencies

RCW 74.04.060 Records, Confidential – Exceptions – Penalty

25 U.S.C § 1951 Information availability and disclosure by Secretary of the Interior

25 U.S.C § 1912 (c) Pending Court Proceedings: Examination of reports or other documents

25 CFR Part 23 Bureau of Indian Affairs ICWA Regulations

Policy

The CA caseworker will: 

  1. Disclose without consent or release: 
    1. The following information to a federally recognized tribe(s) when the child meets the definition of Indian child for the tribe requesting the records: 
      1. Entry of an order, by a state, federal, or tribal court with jurisdiction over the parties and the subject matter, that requires or authorizes CA, child care and placement agencies, or CA contractors to disclose confidential information 
      2. Intake information
      3. CPS Investigation Findings
      4. Requests for verification of a child’s membership status with a tribe.
    2. The following information to non-federally recognized tribe(s), Canadian First Nations, or a federally recognized tribe(s) for children who do not meet the Indian child definition in two circumstances:
      1. When asking for assistance in locating a relative or other placement resource for the child, limit information disclosed about the child who is in out-of-home-placement to the following: 
        1. The child’s and parent’s name. 
        2. The child’s gender and age 
        3. The child’s grade in school 
        4. The child’s special needs, if applicable 
        5. Court name, hearing date and location. 
      2. When asking if the tribe can provide services or support to the child or family, limit information disclosed about the child who is in out-of-home-placement to the following: 
        1. The child’s and parent’s name. 
        2. The child’s gender and age
    3. A tribe must keep all information received confidential. 25 CFR 23.107(6)(d)
  2. Disclose with consent or release:
    1. If CA works on a case involving a family affiliated with a non-federally recognized tribe or Canadian First Nations, the CA caseworker must not violate confidentiality requirements. In these cases information, when not limited to 1 (b) (i) or 1 (b) (ii) above, can only be shared when:
      1. Provided a signed Written Consent DCYF 14-012 or Authorization DCYF 17-063 by the person who is the subject of the confidential information 
      2. The tribe successfully intervenes in the court action by filing a motion for permissive intervention.
    2. If CA works on a case involving a family affiliated with a federally recognized tribe and the child does not meet the definition of Indian child, the CA caseworker must not violate confidentiality requirements. In these cases, information when not limited to 1 (b) (i) or 1 (b) (ii) above can only be shared when:
      1. Provided a signed Written Consent DCYF 14-012 or Authorization DCYF 17-063 by the person who is the subject of the confidential information
      2. The tribe successfully intervenes in the court action by filing a motion for permissive intervention.
  3. Follow DSHS Administrative Records and Privacy Information Policy No. 5.01. 
  4. Follow Case Services Confidentiality policy when disclosing information about HIV Infection and Sexually Transmitted Diseases. 
  5. Follow Adoption Process and CA ICW policies and procedures Chapter 8. ICW Adoption: 
    1. For prospective adoptive parents. 
    2. When receiving a request for case information from an adopted Indian individual.
  6. Follow CA Operations Manual Record Accuracy, Privacy and Disclosure policy when receiving any disclosure request on a closed case. 
  7. File all releases in the ICW tab of the case file and document all contact(s) with the tribe(s) and activities in FamLink. 
  8. Send the requested information in envelopes marked "Confidential" a tribe must keep all information received confidential. 25 CFR 23.107(6)(d)

Forms

Resources