2.10 J.J. v. Ledbetter Parent or Guardian Request for Information

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(2) Information Management

Policy Title:

J.J. v. Ledbetter Parent or Guardian Request for Information

Policy Number:

2.10

Previous Policy Number(s):

2109.5, 2101.7

Effective Date:

June 2021

Manual Transmittal:

2021-02

Codes/References

J.J. v. Ledbetter Consent Decree
Health Insurance Portability and Accountability Act (HIPAA) of 1996: P.L. 104-191

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Comply with all aspects of J.J. v. Ledbetter when releasing confidential information pursuant to a parent or guardian request for case record information.

    When protected health information (PHI) is requested, the Health Insurance Portability and Accountability Act (HIPAA) applies and takes precedence over J.J. v. Ledbetter requirements (see policy 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA)).

  2. Explain and provide the Notice of Case Record Information Available to Parents/Guardians form to each parent/guardian at the onset of any child welfare case, including:

    1. The type of information that DFCS will maintain in the case record;

    2. The information that can be released to them upon request; and

    3. The information that cannot be released to them but may be obtained from the primary source, where applicable.

  3. Make the releasable case record information available to the parents/guardians of children for whom a child welfare case has been opened pursuant to a J.J. v. Ledbetter request.

  4. Adhere to policy 2.6 Information Management: Confidentiality/Safeguarding Information and policy 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA) to ensure that confidential and protected health information (PHI) is not unlawfully disclosed.

  5. Disclose the following portions of the case record pertaining to the child or their parent or guardian within ten calendar days of the request:

    1. Case recordings/Contact sheets (i.e. Contact Narrative) summarizing information observed or given orally by parents and others to the social services case manager (SSCM) except as expressly prohibited;

    2. Summary reports prepared by county staff (i.e. assessments);

    3. Service plans, goals and objectives, and contracts/service agreements (i.e. case plans, service referrals);

    4. Court records (i.e. court reports, petitions and orders); and

    5. Pictures of abuse and neglect.

      1. Pictures may be viewed by the client and/or his/her attorney at reasonable times arranged with the designated DFCS staff.

      2. Pictures will be reproduced only at the parent/guardian’s expense.

      If the source of the pictures is not a DFCS employee, do not divulge the source of the pictures.

  6. Prohibit the release of the following portions of the case record to the parent/guardian:

    1. Any initial or corroborating reports of child abuse and neglect or information in the case record quoted from third parties constituting a direct report of child abuse or neglect;

    2. School records;

    3. Information from other public and private agencies, including other DHS agencies;

    4. The identity of reference contacts or information which would lead to the identity of reference contacts collected by the department only if the information from such reference contacts constitutes or corroborates an incident of abuse or neglect.

    5. Reports, correspondence or verbal quotes from privileged sources, such as psychologist(s), psychiatrist(s), ministers, etc.; and

    6. Information in the case file on a spouse, other adult family members or non-family members, unless DFCS has a signed HIPAA compliant Authorization for Release of Information by the person about whom information is being requested.

  7. Inform the parent/guardian that un-releasable information may be obtained from the primary source by providing a written general statement within 10 calendar days of the receipt of the oral or written request to include:

    1. A list of what documents or portions thereof have been withheld and why.

    2. A list of primary sources for each item being withheld and a general statement as to the type of report that is being withheld.

    3. If DFCS has temporary custody of the child, a written statement that DFCS does not oppose the release of information from the primary source.

  8. Consult the Special Assistant Attorney General (SAAG) or Office of General Counsel (OGC) for additional guidance in fulfilling the J.J. v. Ledbetter request.

Procedures

Social Services Case Manager

  1. At the onset of any child welfare case explain and provide a copy of the Notice of Case Record Information Available to Parents/Guardians to each parent/guardian.

    1. Obtain the signature of each parent/guardian on the notice.

    2. Document in Georgia SHINES that the notice was explained and signed; and

    3. Upload a copy of the notice to External Documentation in Georgia SHINES.

  2. Upon receipt of a written request from a parent/guardian to obtain or view information contained in the case record:

    1. Determine whether release of the information requested compromises the safety of the child when the individual requesting the information is the alleged maltreater.

      1. Consult the SAAG or OGC for additional guidance if permitting the release would compromise child safety.

      2. Contact the District Attorney or local law enforcement:

        1. To determine if criminal action is likely to be brought against the parent/guardian; and

        2. About whether allowing access to the case record by the alleged maltreater may jeopardize a criminal proceeding.

      If the parent/guardian made an oral request, ask them to submit the request in writing. Assist them in completing the written request, if needed.

    2. Determine whether the alleged child abuse occurred in a third-party setting to identify what information may be accessed.

      1. Information may be shared with parents/guardians when their child was abused in a third-party setting, e.g. a school, childcare center or residential facility;

      2. Parents/guardians may request information if their child is interviewed as part of an investigation being conducted in such a setting, even if their child was not abused.

      3. Under this case circumstance, information that an investigation is occurring may be released, and non-identifying information concerning the disposition of the investigation may be shared.

    3. Determine whether the information requested is classified as releasable or unreleasable.

    4. If the information requested is classified as releasable and no concerns were identified that would jeopardize child safety, an ongoing or pending criminal action/investigation or criminal proceeding:

      1. Prepare the records for release by:

        1. Removing or redacting any portions of the information that cannot be released.

        2. Having the records reviewed by the Social Services Supervisor (SSS) or County Director prior to release to the parent/guardian or their attorney.

      2. Provide a copy of the releasable information free of charge to the parent/guardian within 10 calendar days of the receipt of the request.

        If the written request was preceded by an oral request, provide the information within 10 calendar days of the oral request.

      3. If pictures are being requested, the parent/guardian or their attorney may view the pictures at a reasonable time arranged with DFCS. Copies of pictures are only reproduced at the parent/guardian’s expense.

        If the source of the pictures is not a DFCS employee, do not divulge the source of the pictures.

      4. For other releasable information not specified in J.J. v. Ledbetter:

        1. Provide at a cost of $0.25 cents per page, advising the parent/guardian in advance of the cost.

        2. Establish procedures in the county department to ensure the accountability for any funds collected.

    5. If the information requested in classified as un-releasable:

      1. Provide a written general statement within 10 calendar days of the receipt of the request by the parent/guardian to obtain or view the documentation in the case record, to include:

        1. A list of what documents or portions thereof have been withheld and why.

        2. A list of primary sources for each item withheld and a general statement as to the type of report that was withheld.

        3. If DFCS has temporary custody of the child, a written statement that DFCS does not oppose the release of information from the primary source (see Forms and Tools: Non-Objection to Subsequent Release of Information by Primary Sources).

    6. If information being requested is pertaining to a spouse, other adult family member, or non-family member, information may only be released if written authorization signed by the person about whom the information is being requested.

    7. For any PHI of the parent/guardian or their child classified as un-releasable, HIPAA applies and takes precedence. Obtain the parent/guardian’s written consent via a valid ROI prior to disclosure in accordance with policy 2.5 Information Management: Health Insurance Portability and Accountability Act.

Social Services Supervisor

  1. Review the current case record to verify that the Notice of Case Record Information Available to Parents/Guardians have been provided to the parent/guardian and a copy uploaded to Georgia SHINES External Documentation.

  2. Review any request for information and assist the SSCM in determining whether the information being requested is releasable.

  3. Review the releasable documents prior to the release to the parent/guardian or their attorney.

  4. Ensure proper redacting or removing of information that cannot be released.

  5. Ensure that un-releasable information is not released and that proper information on primary sources is provided.

  6. Ensure the timely release of information.

Practice Guidance

Inapplicability of J.J. v. Ledbetter When Requesting One’s Own Protected Health Information (PHI)

An individual is entitled to receive his/her own PHI and the PHI of all children in his or her custody. J.J. v. Ledbetter does not apply to the PHI of the parents or guardians or children in their custody. Therefore, when the county receives a request from the parents or guardians for their own PHI, the county is responsible for ensuring that the request is met within 10 calendar days.

Under HIPAA, it is inappropriate to refer those who request their own PHI to a third party to retrieve their drug screens, medical records or psychological records, if they are a part of the DFCS record. If the requested information is not contained in the DFCS record, the county is not obligated to assist the parent/guardian with obtaining the record. However, DFCS must provide a letter to him/her stating that DFCS “does not object” to that third party disclosing that persons own PHI to that individual.

Forms and Tools

Non-Objection to Subsequent Release of Information by Primary Sources
Notice of Case Record Information Available to Parents/Guardians
Notice of Case Record Information Available to Parents/Guardians (Spanish)