chapter 7: confidentiality and ethics - Texas Juvenile Justice ...

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Cooperation with InvestigationVolunteers are expected to fully cooperate with authorized personnel during theinvestigation of an administrative or criminal offense by answering all workrelatedquestions, completely and honestly. Failure to cooperate fully can resultin discharge or other discipline.A volunteer accused of committing a criminal offense has the constitutional rightto remain silent. Invoking this constitutional right will not be used against theemployee for either criminal or employment purposes.Political Activity/Political InfluenceVolunteers are urged to participate in the political process; however, thevolunteer is not allowed to campaign while at work. TYC rules will not affectvolunteers’ right to vote or rights as private citizens to express their opinions onpolitical subjects or candidates.State Time, Property and EquipmentIt is a violation to use state property, facilities, or equipment for purposes otherthan official business.Work BehaviorYour attitude affects your work behavior. The following statements describewhat is expected from all employees while on duty:• maintain a cooperative and helpful attitude toward fellow workers,supervisors, youth, and the general public;• act in a manner, which neither disrupts nor causes others to disrupt theusual routine of business;• be courteous to fellow workers, supervisors, youth, and the generalpublic; and• refrain from the use of profane, derogatory, or offensive commentsregarding race or gender.ConfidentialityInformation concerning a youth in TYC is confidential as a matter of law.Registered TYC volunteers, on a need-to-know basis, may receive confidentialinformation to enable them to better work with a youth. Volunteers areexpected to carefully protect the legal confidentiality of the information theyreceive, just as staff are required to protect confidential information. Volunteersagree in writing to abide by agency policies, particularly those relating to theconfidentiality of youth records and information and facility security. Volunteersenrolled with the agency are protected from civil liability as described by §61.096, Texas Human Resources Code.Confidentiality does not apply to communications by youth involving:• confessions or allegations of abuse, neglect, or exploitation• an imminent escape; orChapter 7 – Page 6
• intent to harm self or others.The requirement to report alleged abuse, neglect, or exploitation applies withoutexception to a volunteer whose personal communications may otherwise beconsidered privileged.Work and Personal ConductThe Texas Youth Commission establishes standards of work and personalconduct for all volunteers. The standards are considered minimal requirementsand are not to be considered all-inclusive. The following statements pertain toconfidentiality and disclosure of information rules:• Volunteers are expected to exercise reason and judgment within theirpositions and training. In the course of conducting TYC business, you willencounter confidential information about youth or personnel – and it mustbe kept that way.• Volunteers are expected to maintain confidentiality regarding all agencyrecords and information pertaining to youth, employees, and volunteers,except when ordered by the courts, specifically permitted by law oradministratively approved for release. The discussion of suchinformation, even between volunteers and employees, must be in the lineof service, impersonal and discreet.Youth Files (RE: GAP.99.1; GAP.99.9; GAP.99.11; GAP.99.19)Records and information concerning youth are confidential and may not bedisclosed except as allowed by law. The youth’s file, in its entirety, is a legaldocument marked "confidential" and kept in a secure location. Access toinformation in the youth’s file is restricted in accordance with the Texas OpenRecords Act (Texas Public Information Act, Tex. Gov't. Code Ann. §§ 552.001-552.353 (Vernon's 1994).The Texas Open Records Act designates some information to be specificallypublic, yet prohibits the release of certain types of information, which requires awritten request. All Open Records Requests are handled only by authorizedpersonnel.Furthermore, the Federal Confidentiality Law restricts the release of informationregarding youth participating in TYC’s chemical dependency and substanceabuse programs, including screening, assessment, diagnosis, treatment orreferral of chemical dependency or substance abuse. The only TYC staff, suchChapter 7 – Page 7
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