Confidentiality Policy

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Confidentiality Policy 

Because we offer a variety of services to assist you, it is necessary that records be kept while we are working with you. Facts regarding your services are documented in an electronic case file. Team members working with you are asked to read this information so they can keep up to date on your progress. Information about you will not be given out to other residents or program participants. In return, it’s important that you do not share any information about the residents you live with or the program participants you become acquainted with.

 

Your file is confidential. YWCA South Hampton Roads will abide by Virginia Code 63.2-104.1 and Federal law VAWA § 3 (codified at 42 USC § 13925) as follows: 

  1. YWCA South Hampton Roads will not disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied.
  2. YWCA South Hampton Roads will not reveal individual client information without the informed, written, reasonably time limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian? or in the case of an incapacitated person as defined in § 37.21000, the guardian) about whom information is sought. Consent for release may not be given by the abuser of the minor, incapacitated person, or the abuser of the other parent of the minor.
  3. YWCA South Hampton Roads will not disclose personally identifying information of persons requesting or accessing services to any third-party database, including the Homeless Management Information System (HMIS). 
  4. In order to ensure the safety of adult and child victims of domestic violence, dating violence, sexual assault, or stalking, or victims of a violation of § 18.2-48 (Abduction with intent to extort money or for immoral purpose), 18.2-355 (Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking), 18.2-356 (Receiving money for procuring person), 18.2-357 (Receiving money from earnings of male or female prostitute), or 18.2-357.1 (Commercial sex trafficking), and their families, programs and individuals providing services to such victims shall protect the confidentiality and privacy of persons receiving services. 

 

Disclosure of information about you without your consent can only be made under specific conditions as described below: 

  1. A YWCA South Hampton Roads mandated reporter may report to Child Protective Services any child suspected of being abused or neglected. Virginia Code 63.2-1509.
  2. A YWCA South Hampton Roads mandated reporter may report to Adult Protective Services any allegations of abuse or neglect of an incapacitated or disabled adult, or an adult who is 60 years of age or older. Virginia Code 63.2-1606.
  3. Confidentiality may be superseded by the duty to warn in situations where a mandated reporter may find it necessary, in order to protect the client or community from imminent danger, to reveal confidential information disclosed by the client. The duty to warn or protect involves informing victims and local law enforcement officials of potential danger. Virginia Code 54.1-2400.1

 

If the release of information is compelled by statutory or court mandate, YWCA South Hampton Roads shall:

  1. Make reasonable attempts to provide notice to victims affected by the disclosure of information.
  2. Take steps necessary to protect the privacy and safety of the persons affected by the release of the information.

 

YWCA South Hampton Roads may share:

  1. Non-personally identifying data in the aggregate regarding services to their residents and program participants and non-personally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements. 
  2. Court generated information and law enforcement generated information contained in secure, governmental registries for protection order enforcement purposes. 
  3. Information necessary for law enforcement and prosecution purposes. 
  4. Knowledge of illegal activities, conspiracy, possession or trafficking in illegal substances or controlled substances to the police.

 

In addition, in order to comply with the service of a subpoena, warrant, or other legal documents, YWCA South Hampton Roads Staff will collect the name and phone number of the server and provide the information to you, the resident or program participant. You can make your own arrangements to accept the service. YWCA South Hampton Roads staff will not accept service of a subpoena, warrant, or other legal documents on behalf of you or provide your address or personally identifying information to the server.