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If the release of information does not involve program administration, no information about a person should be released by Child Care Workers without written consent of the applicant/recipient. This includes information about applicants and current and former recipients and information regarding individuals with no affiliation with the program.
E. Applicant/Recipient Access to Records
Applicants/recipients, or their representatives, may read information about themselves contained in their own case records except for behavioral health reports when the physician who wrote them recommends against it.
F. Penalty for the Unauthorized Release of Confidential Information
The disclosure, directly or indirectly, of confidential information contained in a case record by any officer, agency, or employee of the LDSS will be considered a Class 1 misdemeanor.
G. Ownership of Records
All information contained in the LDSS’ records is the property of the LDSS. Employees of the LDSS must protect and preserve such information from dissemination except as necessary for the administration of the program.
Original records are not to be removed from the premises by individuals other than authorized staff of the state or the LDSS, except by court order. The LDSS may destroy records pursuant to record retention schedules (Library of Virginia Records Management Locality General Schedules). H. Sending Confidential Information through E-mail
Confidential information is not to be sent through email unless it is encrypted. This includes applicant/recipient specific information. It is never acceptable to send applicant/recipient information such as, but not limited to, name, address, or social security number, through e-mail unless it is encrypted. All e-mail communication about applicant/recipients must use identifiers such as case numbers and/or client ID’s. LDSS should work with local security personnel and VDSS Central Office security personnel to resolve any encryption or security issues. I. Non-Discrimination
LDSS must ensure that eligibility for and authorization of child care services are determined without discrimination.
J. Correcting Inaccurate Information
LDSS must provide means for inaccurate information to be corrected.
K. Inquiring Applicant/Recipient Information in VaCMS
Child Care Workers may perform client inquiries only if such inquiries are directly related to case management.