Generally, personal information and records about children and their families may not be given to others unless an individual 18 years old or older gives written consent, or the parent or guardian of someone under 18 gives written consent. Based on frequently asked questions about confidentiality and the responsibility of caregivers, the following guidelines can help you to determine what can and cannot be shared and in what context.

Support Groups

Participants in special support groups such as “Mothers of Children with ADD” come together to give and receive support. Sharing information outside the group is not supportive. Principles of confidentiality should be stated at the beginning of each session. Participants must agree not to repeat, outside of the meeting, any information about a specific child, the family, or the foster family.

Any violation of confidentiality is a violation of licensing standards and is an issue the support group needs to deal with.

Training

It is appropriate to share information in general terms without identifying the child or supplying identifying information.

Other Foster Caregivers or Relatives 

Sharing of information about children or their families with other caregivers or relatives, who have no need to know about why the child is in foster care, is a violation of confidentiality. Seeking help from other caregivers on handling behavioral issues is appropriate, but sensitive, and information should not be shared with third parties.

School Personnel

The school and teacher need to know the child is in foster care due to the contacts required by the caseworker, your relationship with the child as the foster caregiver and the application for free lunch, textbooks and fees. The teacher and everyone else at the school do not need to know the details of the case and personal information about the child and birth family. Prior school records, including special education, will be available for school personnel to use to help guide the child academically. If the teacher wants more information, get the caseworker’s opinion of what the teacher needs to know, or ask the caseworker to respond to the teacher’s request.

Babysitters/Respite Providers

If another caregiver, relative, or other person provides babysitting or respite, consult with the caseworker about information you feel is necessary to share for them to adequately take care of the child. The extent of information shared for a temporary or respite placement may vary, depending on the length of time, frequency, status of the respite provider, needs of the child and based on a “need to know.”

Press Protocol—Dealing with the Media

Caregivers may be interested in positive press coverage about foster care, but need to make sure it happens within the parameters of the state’s confidentiality laws. The DCFS Communications Office can help decipher confidentiality laws for anyone seeking local press coverage for agency or foster parent support group events, or whether a newspaper wants to feature a child or foster family. Some general rules to keep in mind follow. But the easy way for any caregiver in dealing with the media is to refer them to DCFS Communications at 312- 814-6847. If it is a good opportunity, DCFS Communications will make sure it happens, and will work with you to make sure the child’s confidentiality is maintained. All press inquiries MUST be immediately directed to the Communications Office at 312-814-6847.

Interviews:

All requests for interviews or to publish photos of a child in foster care - whether by a newspaper, other media outlet, or for other use such as agency promotional materials - must have prior approval of the Communications Office at 312-814-6847.

• a child in foster care may not be interviewed nor have any photos of him or her published in an agency annual report, or any document or publication which would be used as a marketing tool;
• children 14 years old or older can be interviewed with the written consent of both the child and the DCFS Guardian if the caseworker agrees that the interview is in the best interest of the child; and
• these people MUST be present for an interview at a foster home: representative from the Communications Office; the caseworker and foster caregivers; the director of the private agency, or his designee, if possible.

Photos

• the child’s image cannot be shown, unless there has been a termination of parental rights (TPR);
• a general group setting is permissible, if parental rights have been terminated; and
• a child under 14 may NOT be identified as a child in foster care, unless the situation involves a recognition or honor of the child, then the child can be identified as being in foster care, IF it is relevant or significant to the honor, AND with permission of the child, the DCFS Guardian and the Communications Office.

Parties

• if the party is sponsored by an organization which wants the press present, they MUST notify the Communications Office and DCFS Guardian in advance; and
• photos are allowed, if approved in advance by DCFS, and are photos of children whose parental rights have been terminated.

Consents

• must be obtained in writing from the DCFS Guardian’s office;
• may only be authorized by the Guardian or the DCFS Consent Unit. No authorized agents can consent; and
• after the Guardian has given consent, the interview or contact must be coordinated with the DCFS Communications Office.

Planning or Treatment Teams

After discussing with the caseworker what can be shared with other service providers, it is appropriate for caregivers to share major life occurrences, such as termination of parental rights or adoption as the case plan, or visitation details with teachers, doctors, respite providers, etc. as members of the team to benefit the child. Often, these occurrences have an impact on the child’s behavior and feelings and the team members can help the child cope if they are aware of specific circumstances. It is not appropriate to share this information without clearing it first with the caseworker.

Sharing Permanency Plans

After adoption has become the goal and parental rights have been terminated, sharing of the permanency plan is appropriate only on a “need to know” basis as approved by the caseworker. Sharing of the permanency plan for the child with other foster family members or friends is only appropriate when the plan is clear and the caseworker and foster parents decide that sharing would not violate the child’s rights to confidentiality and would benefit the child. You should not discuss specific placement of a child or attempt to arrange placement of a child on your own.

HIV Status and Testing Confidentiality and Consents

See Section 5; Health Services, page 37-39.

Sexually Problematic Behavior Confidentiality and Consents

See Section 5; Health Services, page 28.

Disagreements About Confidentiality

If a caregiver and caseworker disagree about maintaining confidentiality, the caseworker’s supervisor needs to be involved. For example, an adoptive family has been selected and the caseworker has asked the foster family not to share this with the child yet, but the foster family feels that the child knowing will relieve his or her fears of never having a permanent family. The agency and DCFS have the final decision, but caregivers can appeal their decision to agency administration or through the DCFS Appeal System. (See pages 26-28)