Federal Confidentiality Law Memorandum Of Understanding (For All Persons And Agencies Involved With Drug Court)
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3WEST VIRGINIA SUPREME COURT OF APPEALS
DIVISION OF PROBATION SERVICES
JUVENILE DRUG COURT
FEDERAL CONFIDENTIALITY LAW MEMORANDUM OF
UNDERSTANDING
(FOR ALL PERSONS AND AGENCIES INVOLVED WITH
DRUG COURT)
Th is Memorandum of Understanding is intended to serve three
purposes:
(1) To foster trust and cooperation
by
ensuring that each component of the
drug court is aware of
how
the other components
w
ill access
,
share and use
information
.
(2) To make sure each component of the drug court is aware and in
comp liance
w
ith federal
confidentiality
law
requ irements
.
(3) To make sure anyone permitted to attend drug court team/staff meetings
is aware of and
w
ill comp
ly
w
ith federal
confidentiality
law
requ irements
.
Throughout this Memorandum of Understanding the fol lowing are understood:
Section 290dd-2 refers to Section 290dd-2 of Title
42
of the United States
Code and accompanying regu lations.
Participants are defined as substance abusers receiving services from
drug courts
, w
hether adu lt
criminal
defendants
,
juven ile
offenders,
or
fam
ily
court
litigants.
Covered information is defined as that related to the
"identity,
diagnosis,
prognosis,
or
treatment"
of
any
patient in a substance abuse
program.
The undersigned understand and agree to the
follow
ing:
Discussions at drug court team/staff meetings are confidentia
l,
not
only
because of
legal
concerns but also to promote trust and fa irness
.
Any
and all individuals who
may
be permitted to attend drug court
team/staff meetings must sign th is agreement promising to abide
by
the
confidentiality
provisions of the
law
and this Memorandum of
Understanding.
(Note that an outsider's presence is not
lawful
under
Section 290dd-2 unless it is
w
ithin the scope of the drug court participant's
consent.
)
If drug court team/staff meetings are videotaped or
audio/v
isuall
y
recorded in
any
form for tra ining
purposes,
the record ing must be ed ited to
eliminate
any
names or other participant-identifying information
.
Approval
to videotape or
audio/visual
record in an
y
form must be obtained in
SCA..JDC
·114
(071
07)
REVISED
091
07110
REVISED
031
31111
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