Administrative Code Provisions | Idaho Admin. Code r. 05.01.05.205 | 2018
01. Case Management Documents. The provider shall maintain individual files on all juvenile offenders which shall include: Effective Date (4-7-11)
a. A copy of the signed contract and Referral Acceptance/Denial Form; Effective Date (4-7-11)
b. Provider's service implementation plans as referred to in Subsection 010.56 of these rules; Effective Date (4-7-11)
c. Progress reports as referred to in Subsections 010.43 and 270.05 of these rules; Effective Date (4-7-11)
d. IDJC Progress Assessment/Reclassification documents; Effective Date (4-7-11)
e. Provider's incident reports as referred to in Section 262 of these rules; Effective Date (4-7-11)
f. Court documents and dispositions; Effective Date (4-7-11)
g. Professional correspondence; Effective Date (4-7-11)
h. Identifying information and physical descriptions; Effective Date (4-7-11)
i. Last known parent or guardian address and telephone number; Effective Date (4-7-11)
j. Date of admittance and projected release from department custody; Effective Date (4-7-11)
k. A copy of the most recent progress report from the sending facility which includes the written reintegration plan; and Effective Date (4-7-11)
l. Records of juvenile offenders' earnings and restitution payments. Effective Date (4-7-11)
02. Confidentiality. Effective Date (4-7-11)
a. Sections 20-525 and 9-340B(2), Idaho Code, and Idaho Court Administrative Rule 32 require confidentiality, under certain conditions, of records that contain information about juvenile offenders, which the provider is to observe. Effective Date (4-7-11)
b. All matters relating to confidentiality of juvenile offender files shall also comply with the federal Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Chapter 1, Sub-Chapter A, Part 2, "Confidentiality of Alcohol and Drug Abuse Patient Records." Effective Date (4-7-11)
c. Restricted clinical information, as defined, and education and medical records, if required to be kept by the provider, must each be filed separately and stored in a secured area. These file folders must be stamped "confidential" on the cover or outside folder. Effective Date (4-7-11)
d. For providers that serve sex offenders, individual treatment assignments, such as journals, detailed sexual histories, must be destroyed at the time the juvenile offender is transferred or released from the program. Effective Date (4-7-11)
e. The provider shall coordinate services, and will not receive or maintain copies of medical, mental health, substance abuse, sex offender, or any other treatment records from direct care service providers unless the provider is providing direct services to the juvenile offender. Effective Date (4-7-11)
f. All medical, mental health, substance abuse, sex offender, or any other treatment progress notes will be sent directly to the juvenile services coordinator by the direct care service provider. Effective Date (4-7-11)
03. Automated Records. Automated records shall include a procedure to ensure confidentiality and be in compliance with any state or federal privacy laws pertaining to those records. The procedure shall also include provisions for backing up automated records. Effective Date (4-7-11)
04. Policies and Procedures. The provider shall have written policies and procedures to address the confidentiality of juvenile offender records. In compliance with HIPAA's privacy regulations, written procedures shall designate a privacy officer who will: Effective Date (4-7-11)
a. Supervise the maintenance of identifiable personal health care information; Effective Date (4-7-11)
b. Serve as custodian of all confidential juvenile offender records; and Effective Date (4-7-11)
c. Determine to whom records may be released. Effective Date (4-7-11)
05. Restrictions to Records Access. Effective Date (4-7-11)
a. Access to personal health information shall be limited to: Effective Date (4-7-11)
i. Employees of the department and the reintegration service provider to the extent necessary to perform normal business functions, including health treatment, and other functions designed to maintain the good order, safety and security of the juvenile offenders or facility; Effective Date (4-7-11)
ii. Individuals participating in a staffing for a juvenile offender, who have a direct need to know the information, and who are obligated to or promise to maintain the confidentiality of information disclosed. These individuals may include employees or representatives of law enforcement, the department, the provider, probation officer, medical or mental health professionals and other appropriate individuals; Effective Date (4-7-11)
iii. Law enforcement members, emergency medical personnel, the Idaho Department of Health and Welfare and similar court or government officials, as necessary to perform their duties, and only if not otherwise prohibited by state or federal law or rule. Effective Date (4-7-11)
b. Access to all other confidential juvenile offender records shall be limited to the following authorized persons: Effective Date (4-7-11)
i. Staff authorized by the reintegration service provider and members of the administrative staff of the provider's parent agency; Effective Date (4-7-11)
ii. A parent or guardian or the juvenile offender, to the extent that disclosure is not privileged and is clinically appropriate; Effective Date (4-7-11)
iii. Appropriate staff of the department; Effective Date (4-7-11)
iv. Counsel for the juvenile offender with signed consent form; Effective Date (4-7-11)
v. Judges, prosecutors, juvenile probation officers, and law enforcement officers, when essential for official business; Effective Date (4-7-11)
vi. Individuals and agencies approved by the department to conduct research and evaluation or statistical studies; or Effective Date (4-7-11)
vii. Schools, as appropriate. Effective Date (4-7-11)
06. Withholding of Information. If the department, the provider or the direct care service provider believes that information contained in the record would be damaging to the juvenile offender's treatment or rehabilitation, that information may be withheld from the juvenile offender, or his parent, or guardian, or others, except under court order. Effective Date (4-7-11)
07. Requests for Information. Requests for information of any kind about juvenile offenders in department custody, following their release or transfer from a provider's program must be directed to the juvenile correctional center in Nampa. Effective Date (4-7-11)