TRIBAL AGREEMENT OF CONFIDENTIALITY
(PRIOR TO FILING A CHILD IN NEED OF AID CASE)
Prior to filing a Child-in-Need-of-Aid (“CINA”) case in state court, the Office of Children’s Services (“OCS”) may provide information to Alaska tribes regarding child protection investigations that involve their tribal children. This information sharing may occur for any of the following reasons: so that a Tribe may work collaboratively with OCS to investigate allegations of child abuse and neglect; so that a Tribe can aid in providing services or placing a child if releasing the information is in the child’s best interest; or a Tribe has requested the information from OCS and indicates the request is for a purpose related to child protection, including investigating the allegations in the Protective Services Reports (“PSR”).
In addition to the PSR, information sharing at this stage may include reports of harm, ORCA notes, safety plans, police reports, and other investigative reports. The information that is provided by the OCS to a Tribe is sensitive and confidential. Maintaining the confidentiality of this information is vital to protecting both the safety of the children and the privacy of the family. The information provided by the OCS to the Tribe must therefore not be disclosed to any person or entity except that information which is necessary to carry out the investigation process, initiate a tribal child protection proceeding, and/or provide immediate assistance and intervention services to the family.
By signing the agreement of confidentiality, the Tribe acknowledges that it has reviewed, understood and agrees to keep child protection information confidential as set forth above. The Tribe also confirms that it has a written policy regarding protection of confidential information, and that tribal representatives receiving confidential information have received a copy of the policy.
116/229 as of April 14, 2015