the essential guide - Texas Council on Family Violence

Risks to disclosing information: Your agency has no control over what happens to that information once it is released. There will be a record that <strong>the</strong> client was served by a family violence agency. This could create a risk of being located.O<strong>the</strong>r agency service providers or individuals not affiliated with <strong>the</strong> family violence agency may expressfrustration about confidentiality policies and procedures. They may react with anger when <strong>the</strong>y hear, “Icannot confirm or deny if that person is here.” It is best to be courteous but firm. It is always a good ideato discuss any matters related to confidentiality with your supervisor.All client-related materials must remain secured inside your agency at all times. Requests for copies ofclient files or information should be processed through <strong>the</strong> Custodian of Record— a designated staffperson responsible for <strong>the</strong> security and maintenance of agency records.Subpoenas are court orders to appear in court to testify orproduce files. If you receive a subpoena to testify, speak toyour supervisor about how to proceed. All subpoenas forrecords must be processed through <strong>the</strong> Custodian of Records.DocumentationDocumentation (record keeping, service logs, case notes)exists to ensure staff and agency accountability, and entriesshould assist survivors in <strong>the</strong>ir process of seeking safety andself-sufficiency. Documentation requirements are different forvarious governing bodies such as funders, Board of Directorsand supervisory staff. Some staff, such as licensed counselorsor social workers, may have additional documentationrequirements set by <strong>the</strong>ir licensing board. In order todocument appropriately and accurately, it is important toNeed More?For an in-depth look at Confidentiality andDocumentation, review Confidentiality: AnAdvocate’s Guide offered by <strong>the</strong> BatteredWomen’s Justice Project.Click on <strong>the</strong> icon to download!understand what information is being recorded and why. Talk to your supervisor about your agency’sdocumentation policies and practices.General tips for appropriate documentation: Provide only <strong>the</strong> minimum information necessary to meet funder requirements and support yourwork. Make sure information that needs to be included is accurate and factual. Keep entries clear and concise and proofread your work. Never include a safety plan. Do not include excessive details or information that is not required in a client file. Do not make judgments, give opinions or diagnose.Batterers are often savvy or have attorneys who could potentially subpoena a survivor’s file through legalaction such as a custody case. It is <strong>essential</strong> to ask yourself <strong>the</strong> following questions so you will make goodchoices about what information to include, and how to include it: Could <strong>the</strong> information in <strong>the</strong> file inadvertently or unjustly harm <strong>the</strong> victim?THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE22 | P a g e