Toolkit with Report Form - Pennsylvania Coalition Against Domestic ...

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Section four PROTECTING CONFIDENTIALITY Confidentiality is, perhaps, the most critical tool for protecting the safety and anonymity of victims of domestic violence. The consequences of breaching confidentiality are serious and, even when a victim requests disclosure, can put shelter residents, service recipients and the program at risk. Therefore, it is essential for programs to maintain absolute confidentiality. Legal and Ethical Parameters Victims of domestic violence have a legal right to confidentiality: All “confidential communications” between a victim and the domestic violence program are privileged and cannot be revealed without the victim’s express written consent. 23 Pa. C.S. § 6116. The Pennsylvania Supreme Court affirmed that this privilege is “absolute.” VBT v. Family Servs. of W. Pa., 705 A.2d 1325 (Pa. Super. Ct. 1998), aff’d 728 A.2d 953 (Pa. 1999). Also, programs that receive federal funding under the Violence Against Women Act, 42 U.S.C. § 13925, the Family Violence Prevention and Safety Act, 42 U.S.C. § 10406, and the Victims of Crime Act, 42 U.S.C. § 10601 et seq., are required to maintain confidentiality as a condition of their funding. protected Information Program staff members are legally and ethically prohibited from revealing any information about a victim. Staff cannot testify in court, reveal program records, discuss a case or share information with friends, family or otherwise reveal information about a victim of domestic violence without the victim’s express, written consent. A program cannot reveal the victim’s name or whether she/he is or was a service recipient. When Does Confidentiality End? Technically, legal privilege ends “upon the death of the victim”; however, the program’s ethical duty to protect the victim, as well as the victim’s family and other program participants, requires the program to maintain strict confidentiality, even after death. Strategies for Maintaining Confidentiality Under Pressure: ◗ Responding to law enforcement or other legal officials: ◗ Information and records should always be treated as though they will harm the victim if revealed, to avoid any unintended consequences. ◗ A customary response to requests for information should be: “I have no information for you” or “I cannot confirm or deny that ___ is or was a client here.” ◗ If the individual persists, contact the executive director or designated emergency contact person or law enforcement liaison immediately. ◗ Program staff should be assertive, but should never intentionally lie to a legal official. Likewise, program staff should not, under any circumstances, destroy, hide, or falsify records or instruct a victim to flee. ◗ Responding to the media or requests from other organizations: ◗ Share statistical information or discuss domestic violence in broad terms. ◗ Focus on the need for systemic change to achieve safety for all victims. ◗ Refer to other sources, such as law enforcement agencies, for information that may be part of the public record. page 10 When Crisis Strikes | Pennsylvania Coalition Against Domestic Violence | 2012
PROTECTING CONFIDENTIALITY Protecting Confidentiality during a Criminal Investigation A program may experience a crisis related to criminal activity. Acts of domestic violence may result in homicide, strangulation, sexual violence, stalking and other crimes. Shelters could be the sites of criminal activity, including homicide or suspected homicide, unlawful drug and alcohol activity, theft or arson. If suspect activity leads to a criminal investigation, programs face the challenge of protecting the confidentiality of the victim as well as her/his survivors and other shelter residents while upholding a legal obligation to comply with valid warrants and crime scene investigations. ◗ If criminal activity occurring at the program or shelter places residents, service recipients and staff in immediate danger, do not hesitate to contact emergency responders and law enforcement for assistance. While programs struggle to protect service recipients’ confidentiality, it is acceptable to summon help to intervene in a crisis. As this contact with emergency assistance still constitutes a breach of confidentiality, take steps after the call to protect the confidentiality of those you serve as much as possible under the circumstances. PCADV’s Legal Department can assist you with protecting confidentiality in the aftermath of a breach resulting from a crisis. Section four Guidelines for a program faced with these competing challenges: ◗ Prioritize the confidentiality of shelter residents and program participants who are not involved in the investigation. ◗ Follow program policies and procedures related to responding to warrants and subpoenas. ◗ Ensure that staff and shelter residents are safe and separated from the crime scene. ◗ If a criminal incident occurs at the program or shelter, do not touch or move anything until law enforcement gives you clearance to do so. You would not want to be accused of obstructing justice or interfering with a criminal investigation. ◗ The PFA Act provides that a victim’s confidentiality ends upon her death. Continue to consider the need for confidentiality for victim’s survivors and significant others and protect that confidentiality within the boundaries permitted by law. Do not volunteer information unless compelled by the court to do so. ◗ When a crime is committed on program property and law enforcement appear at the program armed with valid warrants, they must be allowed to enter. Follow the protocols outlined in this toolkit and your program policies. Ask the investigators to allow the executive director or a designee to speak with the residents and staff first to explain the nature of the investigation and the request for their cooperation. ◗ If law enforcement has a warrant or subpoena for a particular person, encourage that person to speak to an attorney. Do not encourage anyone; to flee and not offer anyone legal advice. ◗ If an investigator requests interviews with program participants, obtain signed releases from them before introducing them to the investigator. Do not obtain a release to turn over any information to aid in the investigation. Law enforcement should seek information directly from those they interview and/or obtain a subpoena or warrant. Never encourage a service recipient or staff to flee or destroy evidence. When Crisis Strikes | Pennsylvania Coalition Against Domestic Violence | 2012 page 11
Page 1 and 2: When Crisis Strikes: A Toolkit for
Page 3: TABLE OF CONTENTS 1. When Crisis St
Page 6 and 7: Section ONE PCADV technical Assista
Page 8 and 9: Section two Involve other systems i
Page 10 and 11: COMMUNICATIONS Do: Don’t: Do: Don
Page 12 and 13: Responding to Subpoena for Program
Page 16 and 17: Section four RESPONDING TO A subpoe
Page 18 and 19: Section four ◗ Staff should never
Page 20 and 21: Section five 4. Trauma ◗ A unique
Page 22 and 23: Section five E. Take Care of Staff
Page 24 and 25: Section five A Team Approach Most c
Page 26 and 27: Section five Communication with Fam
Page 28 and 29: Section five Take Care of Staff Fee
Page 30 and 31: Section five Vicarious Trauma Impli
Page 32 and 33: Section five Bringing in Other Indi
Page 34 and 35: Section five Physical Injury Severe
Page 36 and 37: Section five In securing personal i
Page 38 and 39: Section five Children and Death Whe
Page 40 and 41: Section five Appendix Resources Res
Page 42 and 43: Section six Managing Communications
Page 44 and 45: Section Six A Reference Guide to th
Page 46 and 47: Section Six Preparing Victims and S
Page 48 and 49: Section Six DISPELLING MYTHS Myth:
Page 50 and 51: Section Six Myth: Women Lie About B
Page 52 and 53: Section Six Myth: There’s Nothing
Page 54 and 55: Section seven Individual and Commun
Page 56 and 57: Section seven Honoring Victims Prof
Page 58 and 59: Section seven Community Awareness E
Page 60 and 61: Section seven Randi’s Race This a
Page 62 and 63: Section 1: General Information Prog

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