CONFIDENTIALITY
Attorney General’s Standards on Confidentiality:
75:15-5-4. Client confidentiality
(a) Case or client records, files or notes, of a DV/SA program shall be confidential and shall only be released under certain prescribed conditions (74 O.S. § 18p-3).
Oklahoma Statutes on Confidentiality:
74 O.S. § 18p-3. Contracts for shelter and services – Disclosure of case records, shelter locations or board member information.
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B. 1. Except as otherwise provided by paragraph 3 of this subsection, the case records, case files, case notes, client records, or similar records of a domestic violence or sexual assault program certified by the Attorney General or of any employee or trained volunteer of a program regarding an individual who is residing or has resided in such program or who has otherwise utilized or is utilizing the services of any domestic violence or sexual assault program or counselor shall be confidential and shall not be disclosed.
2. For purposes of this subsection, the term “client records” shall include, but not be limited to, all communications, records, and information regarding clients of domestic violence and sexual assault programs.
3. The case records, case files, or case notes of programs specified in paragraph 1 of this subsection shall be confidential and shall not be disclosed except with the written consent of the individual, or in the case of the individual’s death or disability, of the individual’s personal representative or other person authorized to sue on the individual’s behalf or by court order for good cause shown by the judge in camera.
C. The district court shall not order the disclosure of the address of a domestic violence shelter, the location of any person seeking or receiving services from a domestic violence or sexual assault program, or any other information which is required to be kept confidential pursuant to subsection B of this section.
D. The home address, personal telephone numbers and social security number of board members, staff and volunteers of certified domestic violence and sexual assault programs shall not be construed to be open records pursuant to the Oklahoma Open Records Act.
Violence Against Women Act (VAWA – Federal Law) on Confidentiality:
[DVIS is a grantee and a sub-grantee of funds that require compliance with VAWA Confidentiality rules.]
VAWA prohibits disclosure of personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees’ and subgrantees’ programs unless the program gets the informed, written, reasonably time‐limited consent of the individual.
VAWA has an exception for statutory or court mandates. VAWA grantees and subgrantees are prohibited from disclosing any personally identifying information unless compelled by statutory or court mandate. These mandates are the only exceptions to the VAWA confidentiality provision and the statute or court order must specifically address confidentiality in order to constitute an exception.
CLIENT RIGHTS
Attorney General’s Standards on Client Rights – Survivors
75:15-17-3. Client rights
(a) Each client shall be afforded all constitutional and statutory rights of all citizens of the State of Oklahoma and the United States, unless abridged through due process of law by a court of competent jurisdiction. Each program shall ensure each client has the rights which are listed below:
(1) Each client has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity.
(2) Each client has the right to a safe, sanitary, and humane living environment.
(3) Each client has the right to a humane psychological environment protecting him or her from harm, abuse, and neglect.
(4) Each client has the right to an environment that provides reasonable privacy, promotes personal dignity, and provides physical and emotional safety.
(5) Each client has the right to receive services suited to her or his needs without regard to his or her race, religion, sex, ethnic origin, age, degree of disability, legal status, or ability to pay for the services.
(6) Each client, on admission, has the absolute right to communicate with a relative, friend, clergy, or attorney, by telephone or mail, at the expense of the program if the client is indigent.
(7) Each client shall have and retain the right to confidential communication with an attorney, personal physician, or clergy.
(8) Each client has the right to uncensored, private communications including, but not limited to, letters and telephone calls. Copies of any personal letter, sent or received, by a client shall not be kept in her or his client record without the written consent of the client.
(9) No client shall be neglected or sexually, physically, verbally, or otherwise abused.
(10) Each client shall have the right to practice his or her own religious beliefs, and be afforded the opportunity for religious worship that does not infringe on the health or safety of others. No client shall be coerced into engaging in, or refraining from, any personal religious activity, practice, or belief.
(11) Each client has the right to be offered prompt, competent, appropriate services and an individualized service plan.
(A) The client shall be afforded the opportunity to participate in her or his service plan.
(B) The client may consent, or refuse to consent, to the proposed services.
(12) The records of each client shall be confidential.
(13) Each client has the right to refuse to participate in any research project or medical experiment without informed consent of the client, as defined by law. A refusal to participate shall not affect the services available to the client.
(14) Each client has the right to assert grievances with respect to any alleged infringement of these stated rights of clients, or any other subsequently statutorily granted rights.
(15) No client shall ever be retaliated against, or subject to, any adverse conditions or services solely or partially because of having asserted her or his rights as stated in this section.
(16) Each client has the right to review his or her own records, or authorize his or her attorney or others to do so. However, where the program is providing the treatment of a mental health or substance abuse illness, the provisions of 43A O.S. § 1-109 and 42 CFR then apply. Each client also has the right that all information and records regarding him or her shall be treated as confidential.
(17) Each client has the right to know why services are refused and can expect an explanation concerning the reason he or she was refused certain services.
(b) Each client shall be given a copy of these rights and the provision of such shall be documented in the client record.
(c) Programs shall have written policy and a procedure to ensure each client is afforded, and has explained to him or her, these rights; and these rights are visibly posted in client areas of the facility.
(d) The OAG, in any investigation or program monitoring regarding client rights, shall have unimpeded access to clients, program records and program staff or volunteers.
Attorney General’s Standards on Client Rights – Batterers Intervention Program
75:25-3-15. Client rights
(a) Each client shall be afforded all constitutional and statutory rights of all citizens of the State of Oklahoma and the United States, unless abridged through due process of law by a court of competent jurisdiction. Each program shall ensure each client has the rights which are listed below:
(1) Each client has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity.
(2) Each client has the right to receive services without regard to his or her race, religion, sex, ethnic origin, age, degree of disability, handicapping condition, or legal status.
(3) Each client has the right to refuse to participate in any research project or medical experiment without informed consent of the client, as defined by law. A refusal to participate shall not affect the services available to the client.
(4) Each client has the right to assert grievances with respect to any alleged infringement of these stated rights of clients, or any other subsequently statutorily granted rights.
(5) No client shall ever be retaliated against, or subject to, any adverse conditions or services solely or partially because of having asserted rights as stated in this section.
(6) Each client has the right to know why services are refused and can expect an explanation concerning the reason he or she was refused certain services.
(b) Each client shall be given a copy of these rights and the provision of such shall be documented in the client record.
(c) The OAG, in any investigation or program monitoring regarding client rights, shall have unimpeded access to clients, program records and program staff.