ࡱ> ceb@ 2bjbj.. 3FDD*8 <G.44JJJJJJHJJJ*t & F$AHRJ^FJJJJJFJJFJ4JJHJHJ( F|z~44F0GJ4JJ JJJJJJJFF.14 - DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES 191 BUREAU OF MENTAL HEALTH CHAPTER 2 RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES. SUMMARY: These rules apply to all service providers providing mental health or mental retardation services to a client of the Bureau of Mental Health, Bureau of Mental Retardation or providing services under Title 34-B, Chapter 5, Subchapter III (Section 5401) (State Operated Facilities; Community Based Services). 1. DEFINITIONS Information means the informed personal opinions and impressions of service providers and all orders of commitment, medical and administrative records, applications, and reports and facts contained therein pursuant to Title 34-B, Chapter I, Subchapter II (Section 1207 (1) pertaining to any client of the Department of Mental Health and Mental Retardation. The rules itemize the conditions under which disclosure of information to the Department of Human Services may take place. RULES REGARDING THE DISCLOSURE OF MENTAL HEALTH/RETARDATION INFORMATION BY THE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION TO THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD AND FAMILY SERVICES I. STATEMENT OF PURPOSE The Department of Mental Health and Mental Retardation (DMH & MR hereafter) and the Department of Human Services, Division of Child and Family Services (DHS hereafter) recognize that confidentiality and its correlative right to privacy is a fundamental principle in the provision of mental health and mental retardation services and support that principle by protecting the disclosure of information relating to the care, treatment and habilitation of clients of DMH & MR. However, the departments further recognize that the protection of children from neglect and abuse is a sufficiently important justification which requires the abrogation of confidentiality under certain circumstances. These rules set out the parameters under which information may be disclosed pursuant to Title 34-B, chapter I, subchapter II, [(section 1207(1)(B-1)(confidentiality)(effective September 19, 1985)] to facilitate appropriate intervention and treatment in such cases. II. DEFINITIONS Client. Client means a person receiving services from DMH & MR, from the Bureau of Mental Health, from the Bureau of Mental Retardation, from any state institution, or from any community agency licensed or funded to provide services falling under the jurisdiction of the DMH & MR pursuant to Title 34-B, chapter I, subchapter I, [(section 1001(2)]. Service Provider. Service provider means an entity or individual providing mental health care and treatment. as defined under Title 34-B, chapter I, subchapter III, [(section 3601(2)(Community Mental Health Services)), and chapter I, subchapter IV, [(section 3801 (9)(hospitalization, state mental health institute)) to a client of the bureau of Mental Health, providing protective and supportive services to a client of the Bureau of Mental Retardation pursuant to Title 34-B, chapter 5, subchapter I [(sections 5001(4) and (6)(protective and supportive services, definition)) or providing services pursuant to Title 34-B, chapter 5, subchapter III [section 5401 et seq.)(State Operated Facilities; Community Based Services)]. Private providers of in-patient or out-patient mental health or mental retardation services who aye not licensed or funded by DMH & MR to provide such services are not subject to the terms of these rules. Information. Information means the informed personal opinions and impressions of service providers and all orders of commitment, medical and administrative records, applications and reports and facts contained therein pursuant to Title 34-5, chapter I, subchapter II, [(section 1207(l)(confidentiality of information)] pertaining to any client of DMH & MR. Open Child and Family Services Case A case opened for investigation/study to determine the level of harm threatening the child(ren) in question or a case in which the child(ren)/ family is receiving subsequent services under Title 22, chapter 1071 [(section 4001 et seq.)(Child and family Services Act)] or a case in which a child is receiving Child and Family Services pursuant to Title 15, chapter 507, [(section 3301 et seq.)(Juvenile Code)). III. TERMS OF DISCLOSURE Information shall be disclosed by the service provider for the purpose of cooperating in an open Child and Family Services case without the necessity of client or guardian consent, court order or administrative subpoena under the following conditions: A) Written Request Based on Reasonable Cause 1) DHS shall request, in writing, the disclosure of information concerning a client from a service provider. DHS shall include information which clarifies its reason to suspect or believe that the client's behavior is relevant to its determination of the level of harm or threat of harm to a child who is the subject of an open Child and Family Services case. information provided to the service provider by DHS shall include, but need not be limited to, the following: a) the name of the client about whom information is sought; b) the nature of the alleged behavior, condition or functioning of the client; c) the nature of the alleged harm or threat of harm to the child(ren) which appears to DHS to be the result of such behavior, condition or functioning; d) the nature and type of information requested. 2) DHS may orally request information from a service provider in the limited circumstance where DHS has reason to suspect or believe that there is an immediate risk of serious harm to the child pursuant to Title 22, chapter 1071, subchapter IV (section 4034) provided that a) DHS is determining whether to request a Preliminary Protection Order pursuant to Title 22, section 4034; b) the purpose of DHS' request is to accomplish one or more of the objectives of Title 22, sections 4036 (D), (F) or (F-1); c) DHS orally provides the information set out in III (A)(1)(a)-(d) above; d) DHS sends a written follow-up statement reflective of the oral request within two working days. B) Time frame/Requests for Disclosure A written request for information shall be effective for a period not to exceed one month. DHS may request information at any phase of an open Child and Family Services case and may make multiple requests for information. Such requests may include follow-up oral requests for further information based on a valid written request or additional written requests for information about the same client after a previous written request has expired. C) Disclosure by service provider A service provider shall promptly disclose orally or in writing information in the manner and within the time frame requested by DHS. The provider shall disclose information he reasonably believes to be relevant to issues identified by DHS as being necessary to its determination of the level of harm to the child(ren) in question. D) Confidentiality of information disclosed to DHS DHS shall use the information disclosed to it solely for its own investigations, case management determinations and dispositions of open Child and Family Services cases. 1) All written information provided to DHS pursuant to this agreement shall be clearly identified as confidential and as not to be disclosed by DHS to any third party except in accordance with Title 22, chapter 1071, subchapter I [(section 4008(3))(Mandatory disclosure of records)]. 2) All oral information disclosed to DHS is routinely quoted or summarized by DHS as part of its narrative case record and is subject to the confidentiality requirements of Title 22, section 4008. E) Notice to Client of Disclosure DHS shall take reasonable steps to notify a client of its intent to request information pursuant to these rules and shall advise the client of his right to request from the service provider a copy of DHS' written request and a copy of any information provided to DHS. Such notice shall be given prior to the request for information from the service provider unless any delay or prior notice would increase the threat of harm to the child in question. In the latter case, DHS shall give notice to the client within a reasonable period of time after disclosure of the information. F. Provision of Information to Client Upon request of the client, the service provider shall provide the client with a copy of DHS' request for information and a copy of any information obtained by DHS pursuant to these rules unless the service provider has made a determination, upon transmission of the information, that there exists a reasonable concern that provision of such information to the client may harmfully affect the client. In such case, the client may review a copy of such information with the service provider or a licensed mental health professional of the client's choice. IV. Additional Terms A) Disclaimer as to Additional Services These rules shall not obligate any service provider to provide to DHS any special service, examination or assessment of a client. However, these rules shall not affect the right of DHS or any service provider to enter into any separate agreement regarding the provision of special examinations or other services. B) Immunity These rules shall not affect the responsibility of a service provider to report known or suspected child abuse under Title 22, chapter 1071, subchapter II [(section 4011)(Reporting of abuse or neglect)]. However, a service provider providing information to DHS, Child and Family Services, pursuant to these rules shall be presumed to be acting in good faith pursuant to Title 22, chapter 1071, subchapter II [(section 4014)(Immunity from liability. C) Cooperation in Education and Training The departments shall work cooperatively to develop and deliver training 1) for DHS, Child and Family Services staff in the dynamics of mental health treatment, habilitation services and confidentiality; 2) for service providers and DMH & MR staff in the indicators of child abuse/neglect. and the multidisciplinary approach to prevention and treatment. V. ENACTMENT/TERMINATION/AMENDMENT These rules shall be effective upon enactment by the Department of Mental Health and Mental Retardation and shall be terminated or amended in accordance with the fb88 Administrative Procedures Act, Title 5, chapter 375. VI. REVIEW The Commissioner of DMH & MR shall convene a group of interested parties to assess the impact and effect of these rules one year from the effective date of these rules. VII. Effective Date These rules shall be effective an October 1, 1986. STATUTORY AUTHORITY: 34B M.R.S.A. 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