Section 388-61A-0320. What information can be disclosed?

(1) You can disclose confidential information only when:

(a) The client provides informed, written consent to the waiver of confidentiality that relates only to the client or the client's dependent children.

(b) Failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the client or other person.

(c) Disclosure is required under chapter 26.44 RCW, Abuse of children.

(d) Release of information is otherwise required by law or court order, or following in-camera review pursuant to RCW 70.123.075, with the following additional requirements:

(i) The domestic violence agency must make reasonable attempts to provide notice to the person affected by the disclosure of the information.

(ii) If personally identifying information is or will be disclosed, the domestic violence agency must take steps necessary to protect the privacy and safety of the persons affected by the disclosure of information.

(2) Any release of information subject to any of the exceptions set forth above must be limited to the minimum necessary to meet the requirement of the exception, and such release does not void the client's right to confidentiality and privilege on any other confidential communication between the client and the domestic violence agency.

(3) In the case of an unemancipated minor, the minor and the parent or guardian must provide the written consent. Consent for release may not be given by a parent who has abused the minor or the minor's other parent. In the case of a disabled adult who has been appointed a guardian, the guardian must consent to release unless the guardian is the abuser of the disabled adult.

(4) To comply with federal, state, tribal, or territorial reporting, evaluation, or data collection requirements, a domestic violence agency may disclose aggregated nonpersonally identifying data about services provided to their clients and nonpersonally identifying demographic information.

(5) A copy of the disclosed information must be provided to the client, if requested by the client.

[Statutory Authority: Chapter 70.123 RCW. WSR 10-22-040, § 388-61A-0320, filed 10/27/10, effective 11/27/10.]

Chapter 70.123 RCW. WSR 10-22-040, § 388-61A-0320, filed 10/27/10, effective 11/27/10.