14-191-2 Me. Code R. § III

Current through 2024-46, November 13, 2024

Section 191-2-III - TERMS OF DISCLOSURE

Information shall be disclosed by the service provider for the purpose of cooperating in an open Child and Family Services case without the necessity of client or guardian consent, court order or administrative subpoena under the following conditions:

A Written Request Based on Reasonable Cause

1 DHS shall request, in writing, the disclosure of information concerning a client from a service provider. DHS shall include information which clarifies its reason to suspect or believe that the client's behavior is relevant to its determination of the level of harm or threat of harm to a child who is the subject of an open Child and Family Services case. information provided to the service provider by DHS shall include, but need not be limited to, the following:

a the name of the client about whom information is sought;

b the nature of the alleged behavior, condition or functioning of the client;

c the nature of the alleged harm or threat of harm to the child(ren) which appears to DHS to be the result of such behavior, condition or functioning;

d the nature and type of information requested.

2 DHS may orally request information from a service provider in the limited circumstance where DHS has reason to suspect or believe that there is an immediate risk of serious harm to the child pursuant to Title 22, chapter 1071, subchapter IV (section 4034) provided that

a DHS is determining whether to request a Preliminary Protection Order pursuant to Title 22, section 4034;

b The purpose of DHS' request is to accomplish one or more of the objectives of Title 22, sections 4036(D), (F) or (F-1);

c DHS orally provides the information set out in III (A)(1)(a)-(d) above;

d DHS sends a written follow-up statement reflective of the oral request within two working days.

B Time frame/Requests for Disclosure

A written request for information shall be effective for a period not to exceed one month. DHS may request information at any phase of an open Child and Family Services case and may make multiple requests for information. Such requests may include follow-up oral requests for further information based on a valid written request or additional written requests for information about the same client after a previous written request has expired.

C Disclosure by service provider

A service provider shall promptly disclose orally or in writing information in the manner and within the time frame requested by DHS. The provider shall disclose information he reasonably believes to be relevant to issues identified by DHS as being necessary to its determination of the level of harm to the child(ren) in question.

D Confidentiality of information disclosed to DHS

DHS shall use the information disclosed to it solely for its own investigations, case management determinations and dispositions of open Child and Family Services cases.

1 All written information provided to DHS pursuant to this agreement shall be clearly identified as confidential and as not to be disclosed by DHS to any third party except in accordance with Title 22, chapter 1071, subchapter I [(section 4008(3))(Mandatory disclosure of records)].

2 All oral information disclosed to DHS is routinely quoted or summarized by DHS as part of its narrative case record and is subject to the confidentiality requirements of Title 22, section 4008.

E Notice to Client of Disclosure

DHS shall take reasonable steps to notify a client of its intent to request information pursuant to these rules and shall advise the client of his right to request from the service provider a copy of DHS' written request and a copy of any information provided to DHS. Such notice shall be given prior to the request for information from the service provider unless any delay or prior notice would increase the threat of harm to the child in question. In the latter case, DHS shall give notice to the client within a reasonable period of time after disclosure of the information.

F. Provision of Information to Client

Upon request of the client, the service provider shall provide the client with a copy of DHS' request for information and a copy of any information obtained by DHS pursuant to these rules unless the service provider has made a determination, upon transmission of the information, that there exists a reasonable concern that provision of such information to the client may harmfully affect the client. In such case, the client may review a copy of such information with the service provider or a licensed mental health professional of the client's choice.

14-191 C.M.R. ch. 2, § III