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Data Sources for Performance Measures

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Federal and State Confidentiality Law ... and State Confidentiality Law. Intent. What ... Understand confidentiality laws and agency regulations. Build TRUST ... – PowerPoint PPT presentation

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Title: Data Sources for Performance Measures


1
Data Sources for Performance Measures
  • Tools and Tips Workshop 1
  • Data Collection and Information Sharing to
    Measure Performance
  • Presenters
  • Pat Cervera, Consultant
  • Jennifer Mankey, Center for Network Development

2
Objective
  • Provide tools to assist subgrantees in
    collecting data for performance measures

3
Is Required Data Protected?
  • No protected data needed for output measures
  • All areas require access to protected records for
    outcome measures
  • Juvenile Justice and law enforcement
  • Education
  • Child protection

4
Protected Data - Juvenile Justice Records
  • Preferred Data Source Outcome Performance
    Measure___________
  • Official records (police, Rearrested or seen at
  • juvenile court) juvenile court for a new
    delinquent offense
  • Ordered to correctional facility
  • Probation record Charged with probation
  • violation
  • Formally processed through juvenile
    court

5
Protected Data- Education Records
  • Preferred Data Source Outcome Performance
    Measure___________
  • Official records are the Number and percentage
  • preferred data source who were suspended
    from school
  • School records are the The percent change in
  • preferred data source the number of incidents
  • requiring disciplinary action.

6
Protected Data- Child Protection Records
  • Preferred Data Source Outcome Performance
    Measure___________
  • Case files are the Number and percentage
  • preferred data source of substantiated neglect
    charges brought against a program
    family
  • Case files are the Number and percentage
  • preferred data source of youth who have
    permanency plans developed

7
Federal and State Confidentiality Law
  • Protects specified information contained in
    agency records from unauthorized disclosure.

8
Federal and State Confidentiality Law
  • Intent
  • What information is protected/restricted
  • Under what circumstances and conditions
    information can be shared
  • What information may be released with appropriate
    consumer consent

9
What are applicable laws?
  • Federal -
  • Education - Family Education Rights and Privacy
    Act (FERPA)
  • State-
  • Education
  • Juvenile justice records
  • Law enforcement records
  • Child protection records
  • Public Records

10
FERPA
  • No education agency or institution, which
    receives Federal funding shall disclose
    educational records, other than directory
    information (not considered education record),
    without the consent of the parent or eligible
    student over 18 other than the following
  • School officials with legitimate educational
    interest
  • Authorized government representatives for audit,
    evaluation or enforcement
  • State or local authorities specifically
    authorized by law (JJ exceptions)
  • Accrediting organizations
  • Organizations conducting studies for the
    institution
  • Emergency to appropriate persons to protect the
    health or safety of students or others
  • Pursuant to a Federal grand jury or other
    subpoena or court order

11
FERPA
  • State statutes can enact exceptions or further
    restrict i.e.
  • To allow release of record to court on
    pre-adjudicated youth
  • Colorado school districts cannot release name,
    address or phone numbers except for e.g.
    transferring students
  • http//www.ed.gov/policy/gen/guid/fpco/index.html

12
How Will Subgrantee Get Data?
  • Based on what is allowed by relevant law-
  • The grantee agency status allows receipt of
    released data from agency records.
  • Consent is required.
  • Agency with record provides non-identifiable
    aggregate data.
  • Court orders release of data.
  • Agency only releases data that is not protected.
  • Center for Network Development

13
Subgrantee Partnerships
  • Tasks
  • Understand confidentiality laws and agency
    regulations
  • Build TRUST
  • Agree on common tools and practices
  • MOU
  • Purpose
  • Referrals
  • Data
  • Coordinate Services

14
Who are the Partners?
  • Dependant on program area
  • Program agency
  • Juvenile Court
  • Juvenile Probation
  • Schools
  • Child Welfare/Child Protection
  • Parent/Guardian

15
Memorandum of Understanding-Elements
  • States the purpose of the agreement
  • Identifies who the partners are
  • Delineates roles and responsibility of each and
    all partners
  • Partner agencies agree to provide client level or
    aggregate data
  • States how the released data will be protected
  • Authorized agency signature

16
Elements of Consent
  • Expiration date of consent, and/or
    circumstances.
  • Describes ability to revoke consent
  • Requires date and signatures
  • Notes that copy or fax may be used in place of
    original
  • Who is information about?
  • What agency is requesting information?
  • What agency is providing information?
  • What is purpose of disclosure?
  • What is content?

17
Informed Consent and Due Process
  • Is it really informed
  • Did the appropriate parties sign?
  • Was the consent explained and obtained in the
    language of the consumer?
  • Revocation and grievance procedures?

18
Elements of Common Informed Consent Form
  • Whats different?
  • Authorizes multiple agencies to release and share
    information
  • One signature(s) per year required
  • Includes list of participating agencies
  • Common approach
  • Whats the same?
  • Retains practice of notifying consumer
  • Complies with regulations for consent content
  • Same requirements for authorized signatures
  • Center for Network Development

19
Colorado
  • Colorado Juvenile Information Exchange Laws A
    Model for Implementation
  • Memorandum of Understanding
  • Legal Analysis
  • Statute References
  • http//www.ago.state.co.us/youthvio/youthvio.htm

20
Summary
  • Provide grantees with resources on relevant state
    juvenile justice, child protection and education
    laws
  • Include requirements to assist programs engage
    needed partners
  • Advocate for enabling legislation
  • Information on State Statutes
  • http/dept.fvtc.edu/ojjdp/states.htm
  • www.ncsl.org
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