CONFIDENTIALITY POLICY

PURPOSE: To provide a responsible and professional service to clients, Big Brothers Big Sisters of NM must ask volunteers, clients and parents or guardians of clients to divulge extensive personal information about themselves and their families. It is the purpose of this Confidentiality Policy to protect these records as provided by law.

Big Brothers Big Sisters of New Mexico respects the confidentiality of client with the exception of situations listed below and shares information only among the agency professional staff. The right to confidentiality applies not only to written records but also to video and pictures. All records are considered the property of the agency and will be kept in locked file cabinets and/or password encrypted virtual spaces.

Limitations to Confidentiality:
1. Information will be released to other individuals or organizations only upon presentation of an authorized “consent to release information” form signed by the client/parent/guardian/volunteer.
2. Identifying information regarding clients and volunteers may be used in agency publications or promotional materials if the client or volunteer has given permission. The information divulged will be limited to the information designated in the client’s or volunteer’s consent
form.
3. For purposes of program evaluation, audit, or accreditation, and with the prior approval of the Board of Directors, certain bodies such as Big Brothers Big Sisters of America may have access to client and volunteer records. These outside organizations shall be required to respect the agency policy on confidentiality.
4. Board Program Committee Members may have access to client and volunteer files for the purpose of quality assurance audits. Members of the Board of Directors may have access to client files only upon authorization by formal motion of the Board of Directors.
5. Information shall only be provided to law enforcement officials or the courts pursuant to a valid and enforceable subpoena.
6. Information shall be provided to the agency’s legal counsel in the event of litigation or potential litigation involving the agency. Such information is considered privileged information, and its confidentiality is protected by law.
7. State law mandates that suspected child abuse be reported to the Child Protective Services Division of the local NM Children Youth and Families Department where the child resides, the criminal prosecution division of the District Attorney’s office, or the probation services
office of the judicial district in which the child resides. Agency staff, volunteers, and members of the Board are mandated reporters under the Child Protective Services law and shall report all instances of suspected child abuse to one of the agencies designated above. Agency staff shall also notify the CEO of all suspected cases of child abuse. Agency staff shall adhere to the Agency protocol in handling suspected child abuse cases, as stated in the ‘Duty to Report’ section of this manual.
8. If an agency staff member receives information indicating that a client/volunteer may be dangerous to himself or herself or to others,
necessary steps may be taken to protect the appropriate party. This may include a medical referral or a report to the local law enforcement
authorities.
9. For the school to provide social and academic information about clients to Big Brothers Big Sisters of New Mexico (e.g. Report cards,
attendance reports, behavior reports).

CLIENT-VOLUNTEER PROSPECTIVE MATCH – ANONYMOUS INFORMATION SHARED
At the time a child or volunteer is considered as a match candidate, information is anonymously shared between the prospective match parties. Each match party has the right to refuse the proposed match based on the anonymous information provided. The client or volunteer shall have the right to discuss the specific information with staff before it is presented to the potential match prospect. Names are shared with prospective matches only after the parties have agreed to the match. Agency staff shall adhere to the Agency protocol applicable to client-volunteer matching.

Agency Request for Confidential Information:
The agency may require information from outside sources. The agency must first obtain from the volunteer or the client or client’s parent/ guardian an “Authorization to Release Information” form. A client’s or volunteer’s right to privacy shall be respected by the Agency. Requests for confidential information from other organizations that enhance the ability and quality of services to the client may be accommodated and shall be accompanied by a signed “Authorization to Release Information” form.

Confidentiality Statement: Applicability to Clients and Volunteers:
Clients and volunteers shall sign a statement that they have read and understand the Agency Confidentiality Policy and agrees to participate in the program under the guidelines it sets forth.

VIOLATIONS OF CONFIDENTIALITY POLICY
1. Staff Member: A known violation of the Agency Confidentiality Policy by an Agency staff member shall result in disciplinary action.
2. Board Member: Violations of the Agency Confidentiality Policy by a Board Member shall be referred to the Executive Committee for investigation and appropriate action.
3. Volunteer: Violations of the Agency Confidentiality Policy by a volunteer shall be referred to the Executive Director or their designee for the appropriate action. A violation of the Confidentiality Policy shall constitute adequate cause for termination of the match.

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