CHILD WELFARE MANUAL

Section 4, Chapter 7 (Family Support Teams), Subsection 10 – Protection of Information

Effective Date:  1-30-2026

 

4.7.10 Protection of Information

 

Privacy Statement – FST-1

Should an individual, other than a parent/guardian or youth, not agree to the privacy statement, they may be dismissed from the meeting or any portion of the meeting in which confidential information is being discussed. The individual may provide information but not receive confidential information pertaining to any family member, unless such information is provided by the parent or guardian. 

HIPAA/PHI

The Health Insurance Portability and Accountability Act (HIPAA) protects an individual’s Protected Health Information (PHI), ensuring it is kept private and secure from unauthorized access or disclosure. This includes verbal disclosure, sharing of physical records, electronic data (ePHI), and billing information. It also gives individuals rights to view and control their health information and sets rules for how providers can use and share the information.

PHI includes any combination of health information that can identify the individual (e.g., the individual’s name combined with their diagnosis or treatment plan, health status, test results, healthcare services, date of birth, contact information, SSN, medical record number, images, fingerprints, or any other unique identifying number or characteristic).

PHI: Parent/Guardian

Receiving Parent/Guardian PHI

When CD/FCCM intends to receive a parent or guardian’s PHI from any individual or entity who is not the parent or guardian, the worker must first obtain a signed Release of Information (SS-6) from the parent/guardian/legal or personal representative. The SS-6 authorizes the CD/FCCM agency to receive and hold that information or record.

Sharing Parent/Guardian PHI

A parent or guardian can provide their own PHI to FST meeting participants without signing a release of information.

The absence of a signed release of information does not restrict the worker or other FST meeting participants from asking the parent/guardian about their PHI, including substance use, treatment attendance/progress, diagnosis, services, test results, etc. The parent/guardian may choose to provide the information or decline. The parent/guardian may also request that a team member or meeting participant be excused from the meeting before sharing the information. CD/FCCM staff shall accommodate such requests, however, the DJO, GAL, child’s attorney and CASA are entitled to this information by statute and cannot be required to leave.

When CD/FCCM intends to share a parent or guardian’s PHI with any individual or entity, excluding the parent/guardian, DJO, GAL, child’s attorney and CASA, the worker must first obtain a signed Release of Information (SS-6) from the parent/guardian/legal or personal representative. The SS-6 authorizes the CD/FCCM agency to distribute verbal and written information to the specified parties or entities, is limited only to the information identified in the release, and only during the time period specified.

Release of Information (SS-6, CD-98)

Authorization for Release of Medical/Health Information (SS-6)

Autorización Para Liberar Información Médica/de Salud (SS-6 Spanish)

The specific PHI to be disclosed must be identified on the SS-6.

A copy of the SS-6 must be offered to the parent/guardian and should be provided to the individual/entity from whom Children’s Division is requesting information or records.

Another agency or entity’s release of information document shall not be used in place of the SS-6 when CD/FCCM is requesting information or records.

A parent, guardian, legal or personal representative may revoke the authorization at any time. Instructions are provided in the Your Rights With Respect To This Authorization section of the SS-6.

Authorization for Release of Non-Medical Records by and to Children’s Division/FCCM (CD-98)

Autorización para Divulgar Expedientes No-Médicos por/para la División de Menores (CD-98 Spanish)

The Authorization for Release of Non-Medical Records by and to Children’s Division/FCCM (CD-98) is utilized when requesting a parent or guardian’s information or records which do not contain protected health information. (e.g., employment record, verification of housing, referral or records for non-medical services). Refer to the CD-98 Instructions for more guidance.

The SS-6 and CD-98 must be uploaded into the electronic case record. (Example title: SS-6 Family Guidance to CD or CD to Family Guidance, 5-10-25 to 5-10-26).

No Release of Information

When Children’s Division/FCCM staff are unable to obtain information from a parent or service provider which impacts the workers ability to assess child safety or progress toward reunification, the worker must notify the court of the barrier via the court report.

A consultation with the assigned DLS attorney may be requested when case guidance is needed.

Documenting PHI and Releases of Information

Documenting PHI received without a Release of Information (SS-6)

When a parent’s protected health information is shared with CD/FCCM without a SS-6, upload any written reports to the electronic case record and document in the Contact Communication Log who or what entity provided the information, and a summary of the information provided. Document that a SS-6 was not signed before receiving the information/report. Document whether the parent signed a HIPAA-compliant authorization form with the entity who provided the information. When possible, obtain and upload a copy of that signed authorization to the electronic case record.

PHI: Child/Youth

When a child is placed in Alternative Care, Children’s Division/FCCM becomes the child’s personal representative. As a personal representative, CD/FCCM has the authority to determine with whom the child’s PHI will be shared.

Consideration should be given to the recipients’ rights and need to know before sharing a child’s PHI.

For example: Two children are discussed in the FST meeting. A father is present but is father to only one of the children. Consideration should be given to whether that individual has a right or a need to know the Protected Health Information (PHI) of the child to whom he is not a parent.

When a youth aged 18+ is in alternative care, CD/FCCM may continue distributing reports and records relating to the youth consistent with how those reports and records were distributed prior to the youth turning 18 years old. However, if a youth aged 18+ requests their PHI be restricted from certain individuals who had previously received it, CD/FCCM staff shall accommodate that request unless there is a court order specifying that the individual(s) are entitled to receive such information. If no such order has been issued, CD/FCCM should cease disclosing the youth’s PHI to the individual(s) and bring the issue to the court’s attention and request the court determine if the youth’s PHI should be disclosed.   

Record access guidance

Meeting recording

Per section 210.147 RSMo, parents have the right to audio or video record FST meetings to the extent allowed by law.