2.0 Introduction to Information Management | CWS

O.C.G.A. § 49-5-40 Definitions; Confidentiality of Records; Restricted Access to Records
O.C.G.A. § 49-5-41 Persons and Agencies Permitted Access to Records
Title IV-E of the Social Security Act §§ 471(a)(8), 471(a)(9), 471(a)(9)(A), 471(a)(9)(C)(i)(I), 471(a)(20)(B)(iii), 471(a)(34)(A), 471(a)(35)(B), 471(c), 475(5)(D)
Public Law 93-247 Child Abuse Prevention and Treatment Act (CAPTA) of 1974
PL 104-191 Health Insurance Portability and Accountability Act (HIPAA) of 1996

The Division of Family and Children Services (DFCS) is committed to achieving safety, permanency, well-being and self-sufficiency for children and families served. In serving Georgia’s most vulnerable residents, DFCS manages information that is highly confidential, sensitive, and privileged. Information management is not limited to the processes of gathering, inputting, and record-keeping of case information. It also includes proper storage, restriction of use and disclosure of information. DFCS has the responsibility to have safeguards in place to prevent the unauthorized disclosure of information.

DFCS serves as the gatekeeper of information and carefully considers any request for information. Requests may take the form of written requests from individuals served by the agency, legal subpoenas, Ledbetter requests, Open Records Request, or requests for public access to information on cases resulting in a child fatality or near fatality. When confidential information is determined to be releasable, DFCS makes limited, specific disclosures as indicated by law.

DFCS adheres to confidentiality standards not only to preserve the privacy of an individual; but also, to foster relationships of respect and trust between individuals and professionals who may provide necessary and needed assistance. The state of Georgia has entrusted DFCS with the responsibility of providing child welfare services to families in need. Families served by DFCS share personal information about themselves and expect that disclosures will not occur except under certain circumstances, including for the purpose of establishing necessary services. The child welfare agency relationship with families relies on the family’s confidence that what they reveal will not be shared with others.

DFCS has the responsibility to explain to families the agency’s privacy practices and any anticipated reasons for disclosure of confidential and protected health information required or permitted by law. Families are advised when their express permission, otherwise known as consent, is necessary for release of their confidential information. Prior to obtaining consent, DFCS ensures that an individual is given the opportunity to make a voluntary and informed decision to consent to the disclosure of confidential information. Individuals are provided with accurate, adequate, and relevant information necessary for them to have a full understanding of the authorization they are considering. DFCS informs individuals what confidential and protected health information is subject to release and the intended purpose and recipients of the release of information prior to obtaining the individual’s written consent. Individuals should be given the opportunity to ask questions to clarify any confusion. Once the proper information is provided and the individual expresses an understanding then they are enabled to make a proper and knowledgeable decision regarding consent. DFCS is committed to ensuring that informed consents are ethically obtained and used for specific purposes permitted by law.