VA DCJS -Confidentiality Provisions

Confidentiality Provisions

In 2006, several changes were made to both state and federal law that affect programs and agencies providing services to victims of sexual and domestic violence. The change immediately affecting DCJS-funded projects is regarding client confidentiality.

Please be advised that according to Virginia Code § 63.2-104.1:

Programs and individuals providing services to victims of sexual and domestic violence are prohibited from:

Disclosing any personally identifying information or individual information collected in connection with services requested, utilized, or denied through sexual or domestic violence programs, or;
Revealing individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian; or in the case of an incapacitated person as defined in § 37.2-1000, the guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program, except that consent for release may not be given by the abuser of the minor, incapacitated person, or the abuser of the other parent of the minor.

If the release of information is compelled by statutory or court mandate, the service provider shall:

Make reasonable attempts to provide notice to victims affected by the disclosure of information, and;
Take steps necessary to protect the privacy and safety of the persons affected by the release of the information.

Programs and individuals providing services to victims of sexual or domestic violence may share:

Non-personally identifying data in the aggregate regarding services to their clients and non-personally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements;
Court generated information and law-enforcement generated information contained in secure, governmental registries for protection order enforcement purposes; and
Information necessary for law enforcement and prosecution purposes.

For Virginia to continue to receive funding through the federal Office on Violence Against Women, it is mandatory that all agencies and programs funded with Violence Against Women Act (VAWA) or Family Violence Prevention and Services Act (FVPSA) monies be in compliance with federal statutory confidentiality requirements.

For additional information on the federal confidentiality requirements, please use the link at the bottom of the page.

Please be advised that all grantees will be required to sign a written assurance regarding these new confidentiality requirements as a special condition at the start of the next grant year for each funding stream (this time will vary depending on what type of funding your agency or organization receives).

For your information, sample release forms have been provided below.