[Filed June 18, 2018, 3:39 p.m., effective July 19, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Explain procedures for third-party requests for otherwise confidential records from the department of children, youth, and families and how requests will be processed.
Citation of Rules Affected by this Order: New WAC 170-01-0205 and 170-01-0206.
Adopted under notice filed as WSR 18-09-110 on April 18, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 18, 2018.
WAC 170-01-0205Third-party requests for otherwise confidential records.
(1) A third party, such as a department client's attorney or lay representative, may access otherwise confidential records about a department client with a valid authorization.
(2) The authorization should:
(a) Identify the client;
(b) Identify the individual(s) or organization(s) authorized to receive the records;
(c) State that the department may disclose the information to the requestor;
(d) Identify the record(s) that the client wants the department to release;
(e) State the date the authorization expires or an expiration event that relates to the client or the purpose of the use of disclosure;
(f) State the reason for disclosure;
(g) State the right to revoke;
(h) State the potential for redisclosure;
(i) As appropriate, include specific language authorizing the department to release any one or more of the following to the requestor: Substance use disorder records, child welfare records, adoption records, records concerning reproductive health and sexually transmitted diseases, and mental health records; and
(j) Include a dated, verified signature of the individual with legal authority to authorize the release of records.
(3) The department may ask for additional proof to verify the third-party's authority to access confidential records when required by law.
(4) In general, a parent may access confidential records about a child under age eighteen. A child must consent to disclosure of the following confidential records:
(a) At any age, birth control, and abortion records (see RCW 9.02.100
(b) If over age thirteen, substance use disorder and mental health records (see 42 C.F.R., Part 2 and RCW 71.34.530
(c) If over age fourteen, sexually transmitted disease records (see RCW 70.24.110
(d) If over age eighteen, all client records held by the department.
(5) Legal guardians under Title 13
RCW and legal custodians under chapter 26.10
RCW are not considered third parties for the purposes of accessing records pertaining to children in their care and custody.
WAC 170-01-0206Notifying third parties of a request.
(1) If records responsive to a public records request identify or pertain directly to an individual or organization other than the requestor, the department may notify the named individual or organization about the request.
(2) The department's third-party notice may include:
(a) A copy of the original request;
(b) If appropriate, a copy of the records that identify or pertain to the third party;
(c) The date the department intends to release the record; and
(d) A statement that the third party may prevent release of the record by agreement or by bringing a lawsuit and getting an injunction against the department and the requestor under RCW 42.56.540
prior to the intended release date.
(3) The department may inform the requestor that:
(a) A third party has been notified of the request;
(b) The department provided the third party with a due date for objecting to disclosure; and
(c) The third party may bring a lawsuit against the requestor and the department under RCW 42.56.540
to prohibit disclosure.