§ 46:1862 — Confidentiality; information sharing

Louisiana § 46:1862

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§1862. Confidentiality; information sharing
A. If a multi-disciplinary team (MDT) conference is formed under this statute and
the district attorney and chief law enforcement agency in the parish participate, the MDT may
obtain information from any public agency, department, or other organization, including
material otherwise made confidential or privileged. Any confidential or privileged material
or information obtained by an MDT member shall be disclosed only as necessary to other
persons providing services to the same victim, and shall not be disclosed to an agency or
individual outside of the family justice center unless otherwise required by law or court
order.
B. The files, reports, records, communications, working papers, or any other material
or information used or developed in providing services to a victim at the family justice center
are confidential and not subject to the Public Records Law. Disclosure may be made only to
another person providing services at the family justice center to the same victim and who
needs access to the information or material in order to perform his duties and provide
services to the victim consistent with the provisions of this Chapter.
C.(1) Each family justice center shall maintain a client consent policy and shall
comply with all state and federal laws protecting the confidentiality rights and identity of the
victim. Each family justice center shall have a designated privacy officer to develop and
oversee privacy policies and procedures consistent with state and federal privacy laws.
(2) Each family justice center is required to obtain informed, written, and reasonably
time-limited consent from the victim before sharing information obtained from the victim
with any staff member, agency partner, or personnel providing services at the family justice
center except as provided by the following:
(a) A family justice center is not required to obtain consent from the victim before
sharing information obtained from the victim with any staff member, agency partner, or
personnel who is also a mandatory reporter, a peace officer, or a member of the prosecuting
team who is required by law to report or disclose specific information or incidents.
(b) Each family justice center is required to inform the victim that the information
shared with staff members, partner agencies, or other personnel at the family justice center
may be shared with law enforcement professionals without the victim's consent if there is a
mandatory duty to report as required by law or the victim is a danger to himself or others.
Each family justice center shall obtain written acknowledgment from the victim that the
victim has been informed of this policy.
(3) Consent by the victim to share information within a family justice center pursuant
to the provisions of this Section is not a universal waiver of any existing evidentiary privilege
or confidentiality provision provided by law.
(4) Any oral or written communication or any document authorized by the victim to
be shared for the purposes of enhancing safety and providing more effective and efficient
services to the victim shall not be disclosed to any third party, unless that third-party
disclosure is authorized by the victim, or required by other state or federal law or by court
order.
D. Each family justice center shall maintain a formal training program with
mandatory training of not less than eight hours per year for all persons providing services at
the family justice center, including but not limited to training on evidentiary privileges,
confidentiality provisions, information sharing, risk assessment, safety planning, victim
advocacy, and high-risk case response.

Legislative History

Acts 2015, No. 327, §1.