WEBVTT

00:00:07.640 --> 00:00:08.560
Welcome, everyone.

00:00:08.560 --> 00:00:09.800
My name is Aubrey Loyd,

00:00:09.800 --> 00:00:13.960
and we'll be hosting our Back to Basics
conversation today on confidentiality

00:00:13.960 --> 00:00:16.080
in victim services.

00:00:18.080 --> 00:00:20.680
I've been working in victims services
for over 20 years,

00:00:21.040 --> 00:00:23.880
and confidentiality is an important pillar
to our work.

00:00:24.720 --> 00:00:29.440
As a reminder, Back to Basics is a series
of short, conversational microlearnings

00:00:29.760 --> 00:00:32.840
on topics focused on best practices
in victim services.

00:00:33.600 --> 00:00:35.040
The series intends to introduce you

00:00:35.040 --> 00:00:38.440
to foundational practices
and concepts in our victim service work.

00:00:39.120 --> 00:00:41.680
The series is intended
for those newer to victims services,

00:00:42.120 --> 00:00:44.880
but it can also be a great opportunity
for a quick refresher

00:00:44.880 --> 00:00:47.920
for people who have been working in
victims services for any length of time.

00:00:48.800 --> 00:00:51.920
As we wrap up the video today,
I'll share some resources

00:00:51.920 --> 00:00:52.600
that would be helpful

00:00:52.600 --> 00:00:56.160
if you decide you'd like to learn more
about confidentiality. So let's begin.

00:00:59.960 --> 00:01:01.960
So here are our learning objectives for today,

00:01:02.360 --> 00:01:05.960
and I encourage you to keep these in mind
as we have our conversation today.

00:01:06.840 --> 00:01:09.800
So one, we're going to talk about
why confidentiality

00:01:09.840 --> 00:01:12.800
is an important component
of a trauma-informed response.

00:01:13.720 --> 00:01:15.800
We also are going to help understand
some key

00:01:15.800 --> 00:01:18.600
concepts and practices around
confidentiality.

00:01:19.360 --> 00:01:22.880
And lastly, we're going to talk about
where you can locate more information

00:01:22.880 --> 00:01:24.600
about this topic.

00:01:28.200 --> 00:01:30.880
So confidentiality is crucial
for several reasons,

00:01:31.400 --> 00:01:34.520
both from a professional standpoint
and most importantly

00:01:34.560 --> 00:01:37.120
from a victim-centered and trauma-informed approach.

00:01:38.040 --> 00:01:40.320
First, it is our professional obligation

00:01:40.600 --> 00:01:43.400
to protect privacy and confidentiality.

00:01:44.240 --> 00:01:46.760
Confidentiality is also typically a requirement

00:01:46.800 --> 00:01:49.320
for agencies that receive federal and state grants.

00:01:50.280 --> 00:01:53.520
Secondly, confidentiality enhances
survivors

00:01:53.520 --> 00:01:57.760
feelings of safety and is critical
to help us to establish trust.

00:01:59.120 --> 00:02:01.920
Next, it promotes survivor voice and choice

00:02:02.080 --> 00:02:05.120
and is consistent with SAMHSA's trauma-informed principles.

00:02:06.520 --> 00:02:10.240
Finally, confidentiality encourages
understanding

00:02:10.240 --> 00:02:14.160
of roles and responsibilities and what can be shared with our community

00:02:14.160 --> 00:02:15.320
partners.

00:02:19.520 --> 00:02:21.560
Privacy and confidentiality often

00:02:21.560 --> 00:02:25.080
go hand in hand,
but there are some really key differences.

00:02:26.120 --> 00:02:29.280
Privacy is about the person. It refers to

00:02:29.280 --> 00:02:33.240
the victim's right to control
the disclosure of personal information.

00:02:34.520 --> 00:02:36.600
Crime victims rights include the right

00:02:36.600 --> 00:02:39.000
to protect the privacy
of personal information.

00:02:39.760 --> 00:02:42.000
That information could be their name,

00:02:42.000 --> 00:02:46.880
their identity, address, and phone number that's contained in criminal

00:02:46.920 --> 00:02:50.760
and juvenile justice
documents, compensation records, court

00:02:50.760 --> 00:02:55.120
testimony, and contact information
that's provided for notification purposes.

00:02:56.360 --> 00:02:59.240
Now as privacy was about the person,

00:03:00.120 --> 00:03:02.320
confidentiality is about information.

00:03:02.520 --> 00:03:04.440
It's an agreement.

00:03:04.440 --> 00:03:06.440
Confidentiality refers to the rules

00:03:06.480 --> 00:03:09.240
prohibiting the disclosure of victims
information.

00:03:09.960 --> 00:03:13.360
It limits the disclosure of information
without the victim's consent.

00:03:14.240 --> 00:03:17.080
It also requires victims service providers
to disclose

00:03:17.080 --> 00:03:20.720
any limits to confidentiality to the victim.

00:03:21.560 --> 00:03:23.400
We will talk about these limits shortly.

00:03:24.400 --> 00:03:26.120
These are important as again

00:03:26.120 --> 00:03:29.640
it helps build trust in the helping
relationship with the person

00:03:30.480 --> 00:03:32.760
and public trust in our work

00:03:32.760 --> 00:03:35.040
by not disclosing the wrong information.

00:03:36.160 --> 00:03:38.520
So ask yourself,

00:03:38.520 --> 00:03:42.120
how can I enhance
privacy for someone who does not want

00:03:42.120 --> 00:03:45.360
anyone to know they're assessing services?

00:03:46.680 --> 00:03:49.280
How can I protect their information
from being shared?

00:03:50.040 --> 00:03:52.320
These are key things
to keep asking yourself.

00:03:53.120 --> 00:03:57.120
So, for example, to protect privacy,
you could offer to meet a survivor

00:03:57.120 --> 00:04:00.440
in a neutral location,
maybe outside of your agency.

00:04:01.120 --> 00:04:06.800
Or offer to meet online using a secure
connection to protect confidentiality,

00:04:06.800 --> 00:04:11.400
take steps to ensure that survivors
records are stored in a secure location,

00:04:11.760 --> 00:04:14.200
And that clients records
are not available to others

00:04:14.200 --> 00:04:16.560
who are not authorized to have access.

00:04:16.560 --> 00:04:20.600
Ask yourself often, who has a valid need to know

00:04:21.320 --> 00:04:25.280
and make sure the survivors are aware
of who has access to their information?

00:04:26.480 --> 00:04:29.760
Finally,privilege is a specific legal protection

00:04:30.160 --> 00:04:33.520
that limits what information can be shared
within a court proceeding.

00:04:34.440 --> 00:04:38.040
Each state specifies which professionals or relationships

00:04:38.040 --> 00:04:40.040
have privilege protections.

00:04:40.040 --> 00:04:43.640
Most common are spouses,
lawyers, doctors and therapists.

00:04:44.280 --> 00:04:47.160
And then what information
can be protected by privilege

00:04:47.520 --> 00:04:50.560
and how privilege can be waived.

00:04:52.440 --> 00:04:55.200
It is important
to share limits to confidentiality

00:04:55.520 --> 00:04:58.640
so that survivors can make an informed
choice on what is shared.

00:04:59.400 --> 00:05:03.040
Federal and state
confidentiality laws vary in some states.

00:05:03.120 --> 00:05:05.800
Victim advocates
also have privileged communications,

00:05:06.240 --> 00:05:08.520
so it's very important
to know your states laws.

00:05:09.560 --> 00:05:11.920
Generally, limits to keeping a survivor's

00:05:11.920 --> 00:05:15.720
information confidential includes
threats to harm oneself or others,

00:05:16.240 --> 00:05:19.120
and/or disclosures of child abuse
or abuse of an older

00:05:19.240 --> 00:05:21.360
adult or person with a disability.

00:05:22.200 --> 00:05:24.840
Courts may also order the disclosure
of documents.

00:05:25.440 --> 00:05:29.040
In those cases,
you can advocate to prevent the disclosure

00:05:29.040 --> 00:05:32.640
of private information requesting
that the court withdraw the order,

00:05:33.360 --> 00:05:35.760
limit the order as narrowly as possible,

00:05:36.480 --> 00:05:41.000
or maintain the records under seal
and unavailable for public inspection.

00:05:41.960 --> 00:05:43.200
Service providers should have

00:05:43.200 --> 00:05:46.280
an established policy and procedure
for responding to subpoenas.

00:05:47.200 --> 00:05:49.080
Also, consider using pseudonyms.

00:05:49.080 --> 00:05:51.720
For example,
when providing testimony in a court case.

00:05:52.800 --> 00:05:55.200
Given that courts may order records

00:05:55.760 --> 00:05:58.800
and have that realized,
consider the extent and breadth

00:05:58.800 --> 00:06:02.640
of your documentation and what is needed
to support the survivor.

00:06:03.360 --> 00:06:05.640
Do you need all of the details in the file

00:06:06.200 --> 00:06:08.680
or only basic information?

00:06:08.680 --> 00:06:11.720
And it is best practice to use time
releases

00:06:12.120 --> 00:06:14.600
that include how long information should be shared.

00:06:18.840 --> 00:06:22.880
OK, now we are like, "Oh,

00:06:23.440 --> 00:06:26.280
we need to do this,"
or "We need to learn more."

00:06:26.840 --> 00:06:29.640
So on the screen you will see
some great resources that can help

00:06:29.640 --> 00:06:32.160
you better implement
confidentiality practices.

00:06:32.880 --> 00:06:36.160
For example, you have information
from the National Association

00:06:36.160 --> 00:06:38.040
of Social Workers Code of Ethics

00:06:38.040 --> 00:06:41.400
where they really dig into this more
and their ethical standards.

00:06:42.000 --> 00:06:45.240
For more information on your state laws
concerning confidentiality,

00:06:45.240 --> 00:06:48.760
privacy, and privileged communication,
you can visit VictimLaw.

00:06:49.560 --> 00:06:52.160
The National Network to End Domestic
Violence also has

00:06:52.160 --> 00:06:54.960
a Technology and Confidentiality Resources Toolkit

00:06:55.280 --> 00:06:58.160
that is a great resource
to help you implement these practices.

00:06:58.920 --> 00:07:02.280
So thank you for reviewing this Back to Basics video.

00:07:02.520 --> 00:07:05.280
We hope you will consider
reviewing other videos in this series.

00:07:05.680 --> 00:07:11.480
Please contact
OVC TTAC at ttac@ovcttac.org

00:07:11.720 --> 00:07:14.200
for more information.
Thank you so much and be well.