CONFIDENTIALITY
Policy
The Center for Violence Prevention will protect the confidentiality of its clients in compliance
with federal and state law and according to the desires of the client. Record keeping will be in
accordance with this policy. (See Record Keeping)
Procedure
All staff, board members, volunteers, and clients shall read and sign an acknowledgment of the
Client Confidentiality Policy during the orientation process, which will be kept in their
respective file. This confidentiality policy will be reviewed annually. Interns and vendors having
any access to clients or records will be required to sign the confidentiality policy and train to its
specifics.
Upon entering the shelter, all clients will be assigned an identification number to safeguard their
confidentiality. All incoming phone messages not using the client ID number will be taken
without any confirmation that the client is in the shelter.
The client’s clinical record shall be available only to individuals directly involved in their
treatment or the monitoring of its quality. The Center will not release client information from an
outside agency to a 3rd party. A signed Authorization to Release Information will be obtained to
release any information to the designated individuals or organizations. Authorization to Release
Information will include: Exact information to be released, specific entity to whom information
is being released; purpose of releasing information; signature of client; signature of a witness and
the date the release will expire (maximum of 6 months).
Any discussion or consultation involving the client’s case will be conducted discreetly and
individuals not directly involved in the client’s care will not be present without the client’s
permission. Staff will consider any information or materials pertaining to a client confidential.
Staff shall not post the full name of any client within view of other clients. Staff will not refer to
other clients in clinical records. Confidentiality of a client’s status will be maintained after the
client is discharged. Staff members will not initiate recognition of a former client in the
community or outside meetings.
The courts may authorize release of records by subpoena or other appropriate legal processes.
All such legal procedures shall be reviewed by the organization’s legal counsel prior to the
release of any information. Should any officer of the court seek to serve a subpoena or warrant,
staff is directed to notify the Executive Director immediately.
Staff is subject to M.C.A. §93-21-109 stating,
(1) Records maintained by domestic violence shelters, except the official minutes of the board of
directors of the shelter, and financial reports filed as required by statute with the board of
supervisors or municipal authorities or any other agency of government, shall be withheld from
public disclosure under the provisions of the Mississippi Public Records Act of 1983.
(2) Any employee, contractor, volunteer or agent of a domestic violence shelter, or of any other
entity in possession of information which would tend to identify a victim of domestic violence,
who discloses any information that is exempt from disclosure under the Mississippi Public
Records Act of 1983, or makes any observation or comment about the identity or condition of
any person admitted to a shelter or receiving services of a shelter, unless directed to do so by an
order of a court of competent jurisdiction, shall be civilly liable to the person whose personal
information was disclosed in the amount of Ten Thousand Dollars ($ 10,000.00), plus any
compensatory damages that the individual may have suffered as the result of the disclosure.
(3) (a) No employee, contractor, volunteer or agent of a domestic violence shelter shall be
compelled to testify in any civil matter, or surrender any documents, files, or other records of the
shelter, regarding a victim of domestic violence or sexual assault without the consent of the
victim, except as provided herein.
(b) A defendant may request from the court an in camera review of the materials in possession of
any shelter employees, contractors, agents or volunteers to determine if there would be a good
cause for allowing disclosure of the materials. In deciding on disclosure, the court shall consider
the following factors:
(i) The materiality of the information to the defense; and
(ii) The effect disclosure may have on the victim and the victim's relationship with the employee,
contractor, volunteer, or agent of the shelter.
(4) A resident or staff member of a domestic violence shelter shall not be required to disclose the
street address or physical location of that shelter to any public or private agency. In all cases
where the provision of a physical address is required, a post office box address for the domestic
violence shelter shall be deemed sufficient.
In addition, staff is bound by certain legal responsibilities of reporting, including child
abuse/neglect and duty to warn. Emergency medical information may also fall under this
category with client consent. In the event of court-ordered request of information, staff will
make a reasonable effort to notify the client.