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Wisconsin Department of Children and Families Transitional Jobs and Transform Milwaukee Jobs Manual |
2.10.1 Confidential Information
2.10.2 Releasing Information to Law Enforcement
2.10.3 Access to Public Records
2.10.4 Access to Confidential Cases
2.10.5 Discussing Confidentiality Situations
2.10.5.1 Making a Pin Confidential
Information concerning individuals in the Program generally must not be disclosed for any reason except when it is necessary for the administration of the Program or, under certain circumstances, unless requested by law enforcement officers. (See 2.10.2) If the information requested is not directly related to program administration, it must not be provided.
2.10.1 Confidential Information
Information related to the following list of items is considered confidential for purposes of the Program:
1. AODA treatment;
2. Mental health treatment;
3. Domestic violence counseling;
4. HIV/AIDS; and
5. Medical conditions.
Information related to the above list of items may include, but is not limited to:
1. Details of assessments;
2. Medical test results;
3. Treatment notes; and
4. Medical diagnosis.
See section 2.8 for information on storing confidential information about individuals in the Program.
The laws governing protection of confidential information are stricter than general information about individuals in the Program. In general, the laws narrowly restrict the disclosure and use of this information to a “bona fide need to know”. An individual or program in possession of such information (for example, a federally-assisted substance abuse program) may not release it except as authorized by the individual in writing. Anyone who receives such information from a substance abuse program (for example, a Contractor ) may not again disclose it without the individual’s written consent and cannot retain this information unless confidentiality can be maintained.
Contractors may disclose confidential information in the following circumstances without a release of information:
1. To other Contractor staff who have a bona fide need to know;
2. To another Contractor if the individual re-applies with a different Contractor;and
3. To staff from the Department of Children and Families (DCF) , which has direct administrative control over the Program.
EXAMPLE: Carlos is accepted into the Program and begins orientation the following week. Carlos discloses to the case manager that his is attending physical therapy appointments for an injury that resulted from a car accident. He provides the case manager with the doctor’s medical assessment results. The case manager shares with the orientation facilitator Carlos’s medical assessment and the necessary accommodations he would need to successfully participate in orientation. The sharing of this information was based on the orientation facilitator’s “bona fide need to know” because with this information the facilitator would be able to provide the accommodations Carlos needs in order to complete orientation.
2.10.2 Releasing Information to Law Enforcement
If a law enforcement officer believes, on reasonable grounds, that a warrant has been issued and is outstanding for the arrest of an individual in the Program, the Contractor staff, at the request of the law enforcement office, may notify a law enforcement officer when the individual appears to report to the Contractor.
A Contractor may release the current address of individuals in the Program to a law enforcement officer who meets all of the following conditions:
1. The officer provides, in writing the name of the individual in the Program; and
2. The officer demonstrates, in writing the following:
a. The individual in the Program:
1) Is a fugitive felon under 42 USC 608(a)(9);
2) Is violating probation or parole imposed under state or federal law; or
3) Has information that is necessary for the officer to conduct their official duties;
b. That the location or apprehension of the individual in the Program is within the official duties of the officer; and
c. The officer is making the request in the proper exercise of their duties.
The Contractor is not required to report an individual in the Program to police simply because it knows that the person has an outstanding warrant. If there is any concern that an individual in the Program may cause harm to him or herself or others, whether there is a warrant involved, the Contractor should take the initiative to contact the police.
2.10.3 Access to Public Records
DCF administers the TJ and TMJ programs. All persons may obtain information and access to DCF’s public records or obtain a copy of those reports. Certain information and records are not subject to disclosure. The public may request records orally, electronically, or in writing by visiting https://dcf.wisconsin.gov/public-records.
2.10.4 Access to Confidential Cases
If an individual participating in the Program has a CARES Worker Web (CWW) case that is marked confidential, the assigned TJ or TMJ worker will automatically have access to both the Work Programs (WP) screens in CARES and PIN information in Wisconsin Work programs (WWP) for the individual. A worker who is not the assigned TJ or TMJ worker and who needs access to confidential information in WWP must request elevated access. Elevated access allows time-limited access to confidential PINs in WWP for contractors to perform necessary case management functions.
2.10.5 Discussing Confidentiality Situations
Contractors should discuss an individual’s confidentiality situation when necessary for the protection and well-being of the individual; however, at a minimum, contractors must discuss the situation that makes the case confidential during client registration if the individual has a confidential CWW case before requesting the Program.
2.10.5.1 Making a Pin Confidential
An individual participating in the Program may request the contractor to make their PIN confidential to restrict access to information for the protection and well-being of the individual.
Contractors must make an individual’s PIN in WWP confidential in the following situations:
1. When the individual requests the information to be made confidential;
2. When the individual is enrolled in the Safe at Home program;
3. When the individual is a victim of or is under the threat of domestic violence or other physical harm;
4. When the individual is an employee of the Contractor;
5. When the individual is enrolled in another program and information was made confidential (e.g., WIOA, DVR, etc.); or
6. Any situation in which the contractor believes restricting access to an individual’s case information is necessary for the individual’s protection and well-being.
History: There are no previous versions of this policy.