Consumers of social services have an expectation of privacy which shall be respected. Information obtained in the course of determining eligibility and/or providing services is confidential. However, children are best served when involved adults are informed and communicating openly.
Consistent with federal law, K.S.A. 39-709b limits the disclosure of confidential information to: (1) that which is reasonably necessary to assist the client to obtain and participate in services (administration of the program); (2) situations when the client provides written consent; (3) some limited emergency situations; and (4) when the court has issued an order or subpoena.
Information provided by other DCF programs such as Food Assistance, Economic & Employment Services (EES), Rehabilitation Services, and Child Support Services (CSS) and are covered by the provisions of K.S.A. 39-709b.
Case information shall be disclosed when the information is needed in the performance of official duties.
It is agency policy that information is freely shared between DCF staff and contract staff involved with the family. (See 0600 regarding Coordination of Services) Additionally, case information shall be shared as necessary to facilitate delivery of the service or to carry out DCF responsibilities with other agencies and entities with which the Department has contracted to perform specific services.
All case information shall be disclosed to auditors performing official auditing duties after they have adequately identified themselves by showing official identification credentials.
Court reports by or on behalf of DCF shall be made available to the attorneys, guardian ad litem, CASA, citizen review board, juvenile justice personnel involved in the court case and anyone else authorized by order of the court and subject to the conditions in the court's order. (K.S.A. 38-2211)
DCF investigative reports shall not be made available unless the Secretary or the attorney to whom the case has been referred for legal action or a court (including hearing officer) authorizes such disclosure in writing.
Third Party Information
Third party information is from Non-DCF professionals/agencies and includes medical, psychiatric, investigative reports, social histories, substance abuse treatment records, school records, law enforcement reports etc. and DCF summaries of these documents.
Form MS 2122 (Community Mental Health Center Screening Assessment) or MS 2001 (Statement of Medical Necessity) and reports from family preservation, reintegration/foster care, and adoption providers under contract with DCF are not considered to be third party reports.
Records provided to DCF because a child is or may be in need of care become DCF records pursuant to K.S.A. 38-2209 and are subject to the same requirements for access, disclosure, re-disclosure as all other agency records whether maintained in paper or electronic form.
Although third party information may be disclosed, the best source for information remains the professional who compiled the information.
When there is some question about access to or disclosure, re-disclosure, or use of information, consult a supervisor, regional attorney or the Regional PPS program administrator.