sharing information to improve outcomes and protect privacy in the juvenile justice system
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Sharing Information to Improve Outcomes and Protect Privacy in the Juvenile Justice System. Lourdes Rosado, Esq. Council of State Governments Justice Center Webinar December 16 th , 2009. Models for Change Information Sharing Project. Framework, Principles and Guide to Information-Sharing - PowerPoint PPT PresentationTRANSCRIPT
Lourdes Rosado, Esq.Lourdes Rosado, Esq.
Council of State Governments Justice Council of State Governments Justice Center WebinarCenter Webinar
December 16December 16thth, 2009, 2009
Sharing Information to Improve Sharing Information to Improve Outcomes and Protect Privacy in the Outcomes and Protect Privacy in the
Juvenile Justice SystemJuvenile Justice System
Models for ChangeInformation Sharing Project
Framework, Principles and Guide to Information-Sharing
Note: This presentation is for information purposes only and is not intended as legal advice.
Developing Information Sharing
Policy & Practices
Framework, Principles and Guide
MfC Data Collection and Information Sharing Framework for Analysis and Policy Development
MfC Principles to Guide Information Sharing Projects
MfC Information Sharing Guide to Improved Policy and Practice
ResourcesResources Heldman, Jessica, Heldman, Jessica, A Guide to Legal and Policy Analysis for A Guide to Legal and Policy Analysis for
Systems IntegrationSystems Integration, Child Welfare League of America, , Child Welfare League of America, February 2006.February 2006.
Mankey, Jennifer et al., Mankey, Jennifer et al., Guidelines for Juvenile Information Guidelines for Juvenile Information SharingSharing, Office of Juvenile Justice and Delinquency Prevention, , Office of Juvenile Justice and Delinquency Prevention, October 2006.October 2006.
Rosado, Lourdes M., Esq. & Shah, Riya S., Esq. Rosado, Lourdes M., Esq. & Shah, Riya S., Esq. Protecting Protecting Youth from Self-Incrimination when Undergoing Screening, Youth from Self-Incrimination when Undergoing Screening, Assessment and Treatment within the Juvenile Justice SystemAssessment and Treatment within the Juvenile Justice System, , Juvenile Law Center, Philadelphia, PA, January 2007.Juvenile Law Center, Philadelphia, PA, January 2007.
Wiig, Janet, with John A. Tuell, Wiig, Janet, with John A. Tuell, Guidebook for Juvenile Justice Guidebook for Juvenile Justice and Child Welfare System Coordination and Integrationand Child Welfare System Coordination and Integration, Child , Child Welfare League of America, 2004, Revised Edition 2008.Welfare League of America, 2004, Revised Edition 2008.
Three Categories of Information Sharing
Category 1: Information sharing for purposes of individual case planning and decision making
Category 2: Data collection and sharing for law, policy, and program development
Category 3: Data collection and sharing for program evaluation and performance measurement
Overarching Goal – Information Sharing Projects
To improve outcomes for youth and reduce
their unnecessary penetration deeper into the
juvenile and criminal justice systems
MfC Objectives
Fundamental fairness
Recognition of juvenile-adult differences
Recognition of individual differences
Recognition of potential
Safety
Personal, community, and system responsibility
The Principles
Personal and institutional responsibility
Legal, constitutional, and ethical concerns regarding privacy
Presumption of non-disclosure
Permitted disclosure - required disclosure
Presumption of disclosure for de-identified data
The Principles - Personally Identifiable Information
“Need-to-know”
Create coordinated case plans and improve outcomes for youth
Sharing governed by federal & state laws
Due process rights – self incrimination
Accountability for improper sharing
Principles – Data Collection
Answer questions about youth and the systems’ policies and practices
Allow for informed decision making
Identify gaps in programming
Safeguard undesirable publication
Accountability through strong evaluation systems
Fidelity in evidence-based programming
Assess performance of programs, practices
Establish baselines, measure outcomes
Adhere to ethical principles protecting human subjects involved in research
Principles – Data Collection (cont.)
Information Sharing Guide to Improved Policy and Practice
Foundation for information sharing
Process for development of information sharing policy and practice
Three categories of information sharing and data collection
Support for specific tools
Foundation for Information Sharing
Organization and Governance
Information Sharing Goals
Law and Policy
Technology
Training
Organization and Governance
State/Local Collaborative Entity – authority to direct and approve policy, products, and activities
Team/Committee - specific information sharing efforts
- Goals - Questions - Databases and data analysis - Lead entity – auspices for products
Information Sharing Goals
Direct development of policies & products
Agencies come to agreement
Align goals with principles
Law and Policy
Set out statutory framework of federal and state laws, corresponding policies
Representative Committee: each participating agency, policy and program personnel, legal counsel, children and families
Identify gaps in framework and corresponding proposals
Law and Policy (cont.)
Committee possesses expertise to address issues that go beyond statutory compilation
- Privacy issues
- Public safety
- Historical problems between agencies
- Clearly written policies
- Staff training
- Informed authorization
Technology
Each agency - responsibility for access to and development of electronic data Committees/teams, particular to each effort
Inventory – what information, where housed
Capacity of agencies’ information systems - to produce and to interact
Risk assessment – threats to security of data
Training
All involved personnel
Include in training- Purpose- Benefits- Expected outcomes- Law, policy and protocol
Individual agency and cross training sessions
Developing Information Sharing
Policy and Practices
Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making
1A. Identify goals
1B. Identify key decision points-desired flow of information
1C. Identify laws and policies that govern at each decision point
Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making
1D. Develop any needed law and policy
- Id participating agencies- Id applicable federal and state laws- Need to share information to protect public safety- Appropriate procedures for disclosure and access- Permitted and prohibited uses of information- Consumer protections
Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making
1E. Develop protections for the information to be shared
- Who will have access- How the information may or may not be used- Circumstances permitting dissemination- Protection of the subject before and after use- Development of a registry- Handling improper disclosure- Common security safeguards
Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making
1F. Develop accessible processes & procedures for youth and parents/legal guardians to review, approve, or amend information that is collected about them
1G. Identify information sharing mechanisms and capacities
Category 1: Information Sharing for Purposes of Individual Case Planning & Decision Making
1H. Develop protocols for operation of information sharing agreements, practitioner’s guides, authorization to release forms and other tools
1I. Seek approval of any drafted tools from participating agencies and their legal counsel
Category 2: Data for Law, Policy & Program Development
2A. Identify goals
2B. Develop the questions
- To inform decisions about interventions & strategies - To determine if outcomes are being met
Category 2: Data for Law, Policy & Program Development
2C. Identify and review existing databases and determine what data elements are needed
- National and local databases - Characteristics of targeted youth - Movement through the JJ system - Outcomes - Available programs/services and their use
Category 2: Data for Law, Policy & Program Development
2D. Refine existing and develop any needed additional databases
2E. Establish each agency’s responsibility and accountability for data collection
Category 2: Data for Law, Policy & Program Development
2F. Specify parameters of interagency data collection, sharing and reporting
- Proprietary information - Shared databases- Responsibility to aggregate the data- Quality standards- Guidelines for dissemination and use
2G. Safeguards against undesirable publication of individual case information
Category 3: Data for Program Evaluation & Performance Measurement
3A. Identify goals
3B. Establish processes for undertaking evaluation research in compliance with federal statutes and regulations
Category 3: Data for Program Evaluation & Performance Measurement
3C. Develop program evaluation designs simultaneous to development of program
- Data needed to measure effectiveness- Each data collection system secure- Reliability of data collection
Category 3: Data for Program Evaluation & Performance Measurement
3D. Develop a culture of accountability through establishment of strong performance measurement systems
- Participating agencies and collaborative efforts - Goals and sought outcomes
- Baseline measurements- Monitoring systems
Category 3: Data for Program Evaluation & Performance Measurement
3E. Allocate costs among agencies for data collection and sharing or procure dedicated funding
3F. Establish quality control and accountability for data collection
Category 3: Data for Program Evaluation & Performance Measurement
3G. Establish safeguards against undesirable publication of individual case information
3H. Develop a plan for publication and use of aggregate data to promote evidence-based practices