Confidentiality
As a foster parent to a child with HIV, you are bound by state and
national law in regards to confidentiality. This also applies to
you if you have a child as a pre-adoptive placement during the waiting
period between the placement and finalization of the adoption.
You are not permitted to disclose the child's HIV status to other care
givers of the child, including daycare providers or school teachers.
In cases where the HIV was previously known or when the child makes the
disclosure, you are permitted only to discuss the issues with those who
are already aware. When in doubt, contact your child's DHS worker
to clarify your specific state's policy.
The following is from the Alaska
Foster Parent Training Center and goes over basic confidentiality
issues.
What is Confidentiality?
Confidentiality refers to not sharing information you have about the
children in your care unless you are legally bound to do so or if you
need to share it to ensure the best care for the child.
Why Are Foster Parents Required to Respect Confidentiality?
The Division of Family and Youth Services is responsible for
maintaining confidentiality of all information concerning the people it
serves. This is demanded by both state and federal laws and is written
into DFYS policy. Because DFYS has access to very personal information
about families and is given strong powers to intervene to protect
children, it also has an obligation to take strict care with this
information. This obligation extends to you as a foster parent. The
placement worker will be sharing all necessary information with you
about the child that enables you to care for the child. You are
expected to respect the privacy of the child and the child's family by
keeping this information confidential.
What Does It Mean To Respect Confidentiality?
You may only share pertinent information about children in your care
with other individuals when necessary for the provision on care,
treatment or supervision of the child. You should be careful not to
share background information about child abuse/neglect or the child's
family with your relatives, friends or neighbors. That means when your
sister wants to know the reason why a child in your home is in foster
care, you should not reveal details about the child's family, history
of abuse or current state of his family. You should not identify a
child as a foster child whenever possible.
Confidentiality is especially important when you live in a small
community. Many times, people will have a general idea (and often the
wrong idea) of why a child is in your home. Neighbors might know the
parents of the child you are fostering. Family members may want more
information and sometimes "gossip" from you. It is very important that
you answer these questions with "I'm sorry. As a foster parent I'm not
allowed to to talk about that." Or refuse to answer such questions. You
should not let photographs of your foster child be taken and used in
any way for publicity, news, promotion, or any other public venue
without the expressed permission of the social worker and the birth
parent.
If you need to talk to the police about your foster child (or if the
police contact you), give them information only about the immediate
situation. Let the officer know this child is in state's custody and
give him the name and phone number of the social worker to contact for
further information.
Does My Social Worker Operate Under The Same Confidentiality Laws I Do?
Caseworkers must follow the same rules of confidentiality that you do,
as well as additional requirements. Caseworkers cannot share
information about the families they work with nor share any information
about drug or alcohol use or names, addresses and personal information
their clients. Caseworkers cannot share with a foster parent specific
information about a parent's drug or alcohol treatment of history.
Caseworkers cannot share this information without expressed permission
for the birth parent. GALs or Guardian Ad Litums also function under
similar rules of confidentiality. The Guardians Ad Litem is the court
appointed person who is to investigate and prepare a report for the
court as to what would be in the best interest of the child. The GAL ma
talk to you about the child and you may share whatever information he
or she asks for.
What Can I Share/
What Shouldn't you Share?
Information about a child with the caseworker or in a court hearing
You should not identify a child as a foster child whenever possible.
Information about background and daily behaviors with the child's
counselor.
You should not share any background information, family history, or
information about parents with any exceeded family member, relative,
neighbors or friends, or acquaintance who ask.
Information about daily behaviors with the Guardian Ad Litem or during
a court hearing.
You should not allow photographs or videos or media interviews to take
place with the child without the permission of the caseworker and the
birth parent or guardian.
Basic information about the child's behavior and medical condition with
a substitute caregiver that would help in caring for the child.
What Are Other Ways I Can Make Sure I Am Respecting Confidentiality?
Protect records so that they cannot be seen by anyone who is not
involved in directly with the child. Keep your records and notes in a
safe private place.
Avoid discussing sensitive information in public areas, or in front of
people, receptionists or extended family members or on the telephone in
front of others.
Take care in leaving messages on answering machines that are often
accessible to many people. Avoid leaving the names of the children on
answering machines shared by several people. Leave your name and number
and say it is in regard to the children in you care. Use cell phones
and internet access with great care to keep information as secure as
possible.
If Seeking Help about your child or sharing a story in a foster parent
group, do not use the child's main or identifying information about the
family or the child's background.
HIV Status -- If a child is known to have HIV, the virus that causes
AIDs, the caseworker should shared that information with you so that
you can provide the respective care the child needs. You as a foster
parent should also have access to any medical records or history that
is known regarding the child. It is good practice to use Universal
Precautions with all foster children in your care and require you baby
sitters to do so regardless of a child's HIV status. A foster parent is
not allowed to have a child tested for HIV/AIDS Infection without prior
approval by the placement worker.
© 2003 Sarah P. All rights
reserved.
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