Panhandle Crisis Center Confidentiality Policy
Statement of Confidentiality
As a human service agency dealing with issues of domestic violence and/or sexual assault, the Panhandle Crisis Center becomes involved in particularly private and personal areas of people’s lives. Confidentiality is critical to the services and advocacy we provide. It is a fundamental underpinning of the safety of victims, their families, staff/volunteers, and others related to the program, and the integrity/effectiveness of our services. Confidential communications are accorded to any victim, child, or non-abusive significant other who seeks our assistance. In addition to confidentiality standards, Panhandle Crisis Center upholds privileged communication to the fullest allowable and appropriate extent.
Privileged Communication for victims of family violence includes any confidential communication as outlined in Section 93.002 of the Texas Family Code, whether written or oral, between a victim of family violence, as defined by Texas Human Resources Code 51.002 and 379.1 of the Texas Administrative Code, and the family violence center’s staff or volunteers who possess at least 20 hours of training in assisting victims of family violence.
Privileged Communication for victims of sexual assault includes any communication, oral or written, between an advocate and a survivor that is made in the course of advising, counseling or assisting the survivor. As defined by Texas Government Code 420.051, an advocate is an employee or volunteer of a sexual assault program who has completed a sexual assault training program certified by the attorney general.
All resident or nonresident clients, staff, volunteers, board members, and student interns must sign a written agreement to maintain confidentiality. This agreement shall be placed in the corporate files for board members or individual files of staff, volunteers, and clients. All individuals are accountable for adherence to the Panhandle Crisis Center’s confidentiality policy. Violation of this policy will be considered grounds for terminating services or the relationship with the program.
Parameters
Confidentiality remains in effect during the period when the victim is associated with or is served by the Panhandle Crisis Center and after termination of service or association. Confidential information shall include but is not limited to:
1. All communications, observations and information made by, between, or about victims, including internal
communications between staff regarding clients.
2. The names, places of employment, residences and family addresses of victims.
3. All victims’ records, computer records, including any and all logs/records resulting from telephone contacts,
and any other work product of staff related to recipients of service.
4. Home addresses and phone numbers of staff, volunteers, and board members. The Executive Director may
release such information in the general course of business after verifying the identity of the person requesting
the information and nature of request.
5. Statistical or general information regarding policies, procedures, or methods of determining eligibility, or any
other information that does not identify a client is not considered confidential. Refer to the agency’s financial
policies for confidentiality guidelines related to donors. Discretion should be used when discussing
Crisis Center business, personnel, or board matters to respect the safety of all associated with the Center and
to maintain public confidence.
Release of Information
1. Panhandle Crisis Center will not release information about victims or clients to third parties unless the victim/client
has approved such release through execution of a release of information form. Staff will assist clients in evaluating
the benefits and possible consequences of releasing information, including potential waivers of privilege, and whether
there is another way to assist the client without the agency releasing personally identifying information.
2. The Center’s release of information form must be in writing and must include the name of no more than one person
or organization to which the information is being released per release form, the specific information to be released,
the date and signature of the resident/nonresident and the employee/volunteer, the beginning and ending dates that the
release is effective (not to exceed the resident’s stay or the nonresident’s active length of service), the purpose for
which the information is released, and notice of right to revoke the release at any time by written request.
3. Release of information forms created by another agency, even if signed by the adult client, do not represent an
effective release of confidential or privileged information from Panhandle Crisis Center.
4. Adult Survivors: Panhandle Crisis Center does not require a survivor to provide a release of information in order to
receive services.
5. Minors: Panhandle Crisis Center does not require accompanied children in services to sign any documents,
including confidentiality agreements and releases. Before releasing information for an unemancipated, unaccompanied
minor, the minor’s non-abusive parent or legal guardian must sign the release as well as the minor, if possible, unless
the staff must legally report suspected abuse or neglect. Under VAWA, the Center cannot release information or
services from the child’s file to the abusive parent without a release from the non-abusive parent.
6. Protected Persons: If an adult client has been legally adjudicated unable to sign legal documents, the court-appointed
legal guardian may consent to disclosure of confidential information maintained by the Center. The legal guardian
must provide a certified copy of the order of appointment.
7. Where the Center concludes that the requested release would endanger the victim or create an appearance of
non-confidential services that will deter other victims from seeking life-preserving services, the
Panhandle Crisis Center is not bound by the written release. The Executive Director is authorized to resist
disclosure by all appropriate means in consultation with the Chair of the Board and/or legal counsel.
Limits of Confidentiality
The following circumstances may necessitate the disclosure of confidential information without the consent of the victim.
1. Legal obligations to report abuse or suspected abuse of children, the elderly (65 or over), or people with disabilities,
2. Any threats to human life of a suicidal or homicidal nature,
3. Life-threatening medical emergencies,
4. When there is reason to suspect a victim has been killed under circumstances that suggest homicide,
5. Under current Texas law, program records may be subpoenaed and subject to disclosure by a court-at-law. A
client’s privilege will be asserted on behalf of the survivor in the absence of the client’s decision to waive privilege.
6. To Health & Human Services staff in response to telephone screenings of victims/applicants seeking good cause
exemptions for TANF (Temporary Assistance to Needy Families).
Court Orders
1. This program is committed to avoiding court appearances except as necessary to further the interests of
justice or to protect the victim of battering from further violence. For this reason, the Panhandle Crisis Center
developed written procedures for responding to court orders.
2. All subpoenas for clients’ records should be addressed to the Program Director who is responsible for maintaining
control over these records and court access to the records.
3. Panhandle Crisis Center will notify current clients when a court order affects them or their records. The Center will
attempt, whenever possible, to notify former clients when a court order affects them or their records.
4. The Center support victims’ rights to self-determination and respects their choices to voluntary consent to the
release of subpoenaed records in their efforts to seek protection from the justice system for themselves and/or
their children. In cases in which the victim or Center opposes the involuntary disclosure of confidential
materials and/or privileged communications afforded to victims, the Center will consult with legal counsel and utilize
lawful measures to resist.
5. In accordance with Chapter 93 of the Texas Family Code, a family violence victim has a privilege to refuse to disclose
and to prevent another from disclosing a confidential communication as defined in Chapter 93.002. The privilege may
be claimed by: 1) a victim or a victim’s attorney on a victim’s behalf; 2) a parent, guardian, or conservator of a victim
under 18 years of age; or 3) an advocate or a family violence center on a victim’s behalf.
6. For sexual assault survivors, the Center will comply with Texas Government Code 420 Subchapter D – Confidential
Communications and Records when asserting privilege on behalf of a survivor or disclosing communications or
records as permitted by survivor consent or statute.
CUSTODIAN OF RECORDS
The Program Director is the official Custodian of Records for clients’ records and personnel files. The Executive Director is the official Custodian of Records for the agency’s corporate, financial, and administrative records. These employees are responsible for the secure maintenance of these files and may designate alternate custodians when necessary.
Content of Clients’ files (Resident & Nonresident)
The content of open and closed client files is limited to:
1 . Information that is required for statistical and funding purposes. (Method of collection: Each time a family violence
or sexual assault client receives a service, the date and service(s) received are documented by the
caseworker. Entries of services received and service dates are recorded in the client’s electronic file and attributed to
the employee or volunteer providing the service. Additional documentation of the date of calls to/from
victims may also be recorded in the electronic file.
2. Intake and documentation that establishes the need for and delivery of services and the goals for the
counseling/advocacy relationship.
3. Photographs of injuries.
4. Protective orders applications and temporary or final orders in other family law matters.
5. Releases and information maintained for the purpose of protecting the liability of the Center and its
employees, volunteers, and board members.
6. Child resident and nonresident case files may be stored with the parent file when appropriate.
7. If services are being provided to both the victim and the violent family member, separate client files are
maintained.
8. Hard copies of documents created for clients for advocacy purposes on agency computers. (Staff computer files
containing these documents will be deleted upon completion.)
Client Files should not include:
1. Safety Plans
2. Materials held by the Center merely for safe-keeping. Advocates should assist victims in finding a safe place
for such papers.
3. The names of other (unrelated) residents or nonresidents.
4. Written staff to staff communications. (These documents are destroyed by the recipient immediately after reading.)
MAINTENANCE/DESTRUCTION OF CLIENT FILES/VICTIMS’ RECORDS1. Open and closed client files and/or victim records in paper format must be kept in locked file cabinets or a locked area,
which is secure at all times. Access to the keys to the files is restricted to supervisory staff and the administrative
assistant.
2. These files may not be removed from the agency except with the prior written permission of the Executive Director,
his or her delegate, the Board President, or the agency’s legal counsel.
3. At the time of a victim’s face to face intake to request resident/nonresident services, the client will receive a copy of
the PCC Confidentiality Policy. This provides notification of the retention and destruction procedures for client
records.
4. All files will be maintained as contractually required. The Retention/Destruction Policy of the Panhandle Crisis Center
is as follows: All written client records, including service logs, case content, case files, and documentation required by funders, will be maintained intact for seven calendar years from the date of the last service. Records will be destroyed in January of each year. At this time, all victims’ written records and documents within eligible client files will be destroyed. The Executive Director or a delegate will supervise the destruction of client files. Under no circumstances is a file, or any part thereof, to be destroyed to avoid a subpoena. To allow residents and non-residents access to their records in the event of the Center’s closure, resident and nonresident records would be securely transferred to another family violence program for safekeeping. A public notice regarding transfer of records would be issued at that time.
5. Written staff to staff communications are not included in victims’ records. These documents are destroyed by the
recipient immediately after reading.
6. Electronic or digital equipment that stores confidential information that could specifically identify a victim will be
password protected (whenever possible) by staff/volunteers, and the identifying information will be deleted from the source upon completion. Hard copies will be placed in client files when applicable. (Electronic and digital records
refer to databases, computer files/hard drives, e-mail, voicemail, cell/digital phones, pagers, and any other equipment
that stores confidential information.)
7. Access to any client files stored electronically via client database or data collection systems provided by funders will
be restricted, including password-protected system access. Electronic client files will be maintained as contractually
required and in compliance with applicable state and federal laws, including the Family Violence Prevention and
Services Act. Electronic records may be maintained beyond seven calendar years when feasible. The Executive
Director is responsible for approving the deletion of electronic client records.
Access to client files
Staff Access
Staff and volunteer access to client and administrative files is limited and based upon legitimate needs for advocacy or
or administrative duties. Access is controlled and monitored by the Executive Director or a delegate.
Client Access
1. Requests by clients to review their files will be honored.
2. The Panhandle Crisis Center has the right to require a twenty-four hour notice for purposes of making the file
available.
3. The Panhandle Crisis Center reserves the right to deny access to any file related to litigation by the client or
the client’s agent against the Center.
4. Requests by any third party, including but not limited to a client’s attorney, will not be honored without a
client’s informed, written consent.
5. A review of the file must be done in the presence of the Executive Director or a delegate.
6. The client may request the correction or removal of inaccurate information from the file. The Executive
Director may make appropriate changes; however, if the Center and client dispute the accuracy of a proposed
correction, the dispute shall be noted, and the file will remain unchanged. Any document or notation required
by contract funders will remain in the file.
7. The Executive Director may authorize the release of photocopied documents or pictures maintained in the client’s
record in an effort to cooperate with the client or client’s attorney. The request and the response to the request will
then become a part of the record. In accordance with Chapter 93 of the Texas Family Code, if the Center, at the
request of a family violence victim, discloses a communication privileged under Chapter 93 for the purpose of a
criminal or civil proceeding, the Center is mandated by Chapter 93 to disclose the communication to all parties to that
criminal or civil proceeding.
8. The client should be informed that a copy of the client’s file released to any third party is not covered by
confidentiality and disclosure laws, may not thereafter be claimed as confidential, either in whole or part,
related to the person or proceeding to which the copy was released, and may be used against the client.
Access by board members
1. Board members do not have access to open or closed client files, nor to information that would identify a
resident or non-resident client or victim.
2. The Executive Director may authorize board access for its oversight functions, including but not limited to,
responding to a subpoena for a client’s file, grievances, or litigation issues.
Access by general public & Public Information Act Requests
1. Neither the general public nor the justice system, except by court order, is entitled access to the Panhandle
Crisis Center’s records.
2. Names and other case information that, standing alone or collectively, could identify a victim must never be
used in training or public speaking without the explicit, written permission of the client or by court order.
3. The agency is contractually required to grant federal and state monitors access to client files for the purpose
of reviewing the Center’s compliance with contractual obligations.
4. The Center will respond to Public Information Act requests as follows:
PUBLIC INFORMATION ACT
Panhandle Crisis Center is a private, nonprofit corporation, which holds exempt status under Section 501 (c) (3) of the Internal Revenue Code, and is governed by the Texas Non-profit Corporation Act. All Public Information Act requests must be in writing. Upon receipt of the request, Panhandle Crisis Center will have 10 business days to contact the Attorney General’s Office in writing to ask for a ruling as to whether this agency is subject to the Texas Public Information Act and/or as to whether the information requested falls within one of the exceptions. The agency will comply with Section 552.138 of the Texas Public Information Act, which provides exceptions to the disclosure of certain information for Family Violence Shelters and Sexual Assault Programs. Information maintained by Panhandle Crisis Center which is excepted from the requirements of the Act includes the name, home address, home telephone number, or numeric identifier of a current or former client of a family violence center or sexual assault program, the provision of services, including counseling and sheltering, to a current or former client of a family violence center or sexual assault program, and the location or physical layout of a family violence shelter center.
Revised 5/22
As a human service agency dealing with issues of domestic violence and/or sexual assault, the Panhandle Crisis Center becomes involved in particularly private and personal areas of people’s lives. Confidentiality is critical to the services and advocacy we provide. It is a fundamental underpinning of the safety of victims, their families, staff/volunteers, and others related to the program, and the integrity/effectiveness of our services. Confidential communications are accorded to any victim, child, or non-abusive significant other who seeks our assistance. In addition to confidentiality standards, Panhandle Crisis Center upholds privileged communication to the fullest allowable and appropriate extent.
Privileged Communication for victims of family violence includes any confidential communication as outlined in Section 93.002 of the Texas Family Code, whether written or oral, between a victim of family violence, as defined by Texas Human Resources Code 51.002 and 379.1 of the Texas Administrative Code, and the family violence center’s staff or volunteers who possess at least 20 hours of training in assisting victims of family violence.
Privileged Communication for victims of sexual assault includes any communication, oral or written, between an advocate and a survivor that is made in the course of advising, counseling or assisting the survivor. As defined by Texas Government Code 420.051, an advocate is an employee or volunteer of a sexual assault program who has completed a sexual assault training program certified by the attorney general.
All resident or nonresident clients, staff, volunteers, board members, and student interns must sign a written agreement to maintain confidentiality. This agreement shall be placed in the corporate files for board members or individual files of staff, volunteers, and clients. All individuals are accountable for adherence to the Panhandle Crisis Center’s confidentiality policy. Violation of this policy will be considered grounds for terminating services or the relationship with the program.
Parameters
Confidentiality remains in effect during the period when the victim is associated with or is served by the Panhandle Crisis Center and after termination of service or association. Confidential information shall include but is not limited to:
1. All communications, observations and information made by, between, or about victims, including internal
communications between staff regarding clients.
2. The names, places of employment, residences and family addresses of victims.
3. All victims’ records, computer records, including any and all logs/records resulting from telephone contacts,
and any other work product of staff related to recipients of service.
4. Home addresses and phone numbers of staff, volunteers, and board members. The Executive Director may
release such information in the general course of business after verifying the identity of the person requesting
the information and nature of request.
5. Statistical or general information regarding policies, procedures, or methods of determining eligibility, or any
other information that does not identify a client is not considered confidential. Refer to the agency’s financial
policies for confidentiality guidelines related to donors. Discretion should be used when discussing
Crisis Center business, personnel, or board matters to respect the safety of all associated with the Center and
to maintain public confidence.
Release of Information
1. Panhandle Crisis Center will not release information about victims or clients to third parties unless the victim/client
has approved such release through execution of a release of information form. Staff will assist clients in evaluating
the benefits and possible consequences of releasing information, including potential waivers of privilege, and whether
there is another way to assist the client without the agency releasing personally identifying information.
2. The Center’s release of information form must be in writing and must include the name of no more than one person
or organization to which the information is being released per release form, the specific information to be released,
the date and signature of the resident/nonresident and the employee/volunteer, the beginning and ending dates that the
release is effective (not to exceed the resident’s stay or the nonresident’s active length of service), the purpose for
which the information is released, and notice of right to revoke the release at any time by written request.
3. Release of information forms created by another agency, even if signed by the adult client, do not represent an
effective release of confidential or privileged information from Panhandle Crisis Center.
4. Adult Survivors: Panhandle Crisis Center does not require a survivor to provide a release of information in order to
receive services.
5. Minors: Panhandle Crisis Center does not require accompanied children in services to sign any documents,
including confidentiality agreements and releases. Before releasing information for an unemancipated, unaccompanied
minor, the minor’s non-abusive parent or legal guardian must sign the release as well as the minor, if possible, unless
the staff must legally report suspected abuse or neglect. Under VAWA, the Center cannot release information or
services from the child’s file to the abusive parent without a release from the non-abusive parent.
6. Protected Persons: If an adult client has been legally adjudicated unable to sign legal documents, the court-appointed
legal guardian may consent to disclosure of confidential information maintained by the Center. The legal guardian
must provide a certified copy of the order of appointment.
7. Where the Center concludes that the requested release would endanger the victim or create an appearance of
non-confidential services that will deter other victims from seeking life-preserving services, the
Panhandle Crisis Center is not bound by the written release. The Executive Director is authorized to resist
disclosure by all appropriate means in consultation with the Chair of the Board and/or legal counsel.
Limits of Confidentiality
The following circumstances may necessitate the disclosure of confidential information without the consent of the victim.
1. Legal obligations to report abuse or suspected abuse of children, the elderly (65 or over), or people with disabilities,
2. Any threats to human life of a suicidal or homicidal nature,
3. Life-threatening medical emergencies,
4. When there is reason to suspect a victim has been killed under circumstances that suggest homicide,
5. Under current Texas law, program records may be subpoenaed and subject to disclosure by a court-at-law. A
client’s privilege will be asserted on behalf of the survivor in the absence of the client’s decision to waive privilege.
6. To Health & Human Services staff in response to telephone screenings of victims/applicants seeking good cause
exemptions for TANF (Temporary Assistance to Needy Families).
Court Orders
1. This program is committed to avoiding court appearances except as necessary to further the interests of
justice or to protect the victim of battering from further violence. For this reason, the Panhandle Crisis Center
developed written procedures for responding to court orders.
2. All subpoenas for clients’ records should be addressed to the Program Director who is responsible for maintaining
control over these records and court access to the records.
3. Panhandle Crisis Center will notify current clients when a court order affects them or their records. The Center will
attempt, whenever possible, to notify former clients when a court order affects them or their records.
4. The Center support victims’ rights to self-determination and respects their choices to voluntary consent to the
release of subpoenaed records in their efforts to seek protection from the justice system for themselves and/or
their children. In cases in which the victim or Center opposes the involuntary disclosure of confidential
materials and/or privileged communications afforded to victims, the Center will consult with legal counsel and utilize
lawful measures to resist.
5. In accordance with Chapter 93 of the Texas Family Code, a family violence victim has a privilege to refuse to disclose
and to prevent another from disclosing a confidential communication as defined in Chapter 93.002. The privilege may
be claimed by: 1) a victim or a victim’s attorney on a victim’s behalf; 2) a parent, guardian, or conservator of a victim
under 18 years of age; or 3) an advocate or a family violence center on a victim’s behalf.
6. For sexual assault survivors, the Center will comply with Texas Government Code 420 Subchapter D – Confidential
Communications and Records when asserting privilege on behalf of a survivor or disclosing communications or
records as permitted by survivor consent or statute.
CUSTODIAN OF RECORDS
The Program Director is the official Custodian of Records for clients’ records and personnel files. The Executive Director is the official Custodian of Records for the agency’s corporate, financial, and administrative records. These employees are responsible for the secure maintenance of these files and may designate alternate custodians when necessary.
Content of Clients’ files (Resident & Nonresident)
The content of open and closed client files is limited to:
1 . Information that is required for statistical and funding purposes. (Method of collection: Each time a family violence
or sexual assault client receives a service, the date and service(s) received are documented by the
caseworker. Entries of services received and service dates are recorded in the client’s electronic file and attributed to
the employee or volunteer providing the service. Additional documentation of the date of calls to/from
victims may also be recorded in the electronic file.
2. Intake and documentation that establishes the need for and delivery of services and the goals for the
counseling/advocacy relationship.
3. Photographs of injuries.
4. Protective orders applications and temporary or final orders in other family law matters.
5. Releases and information maintained for the purpose of protecting the liability of the Center and its
employees, volunteers, and board members.
6. Child resident and nonresident case files may be stored with the parent file when appropriate.
7. If services are being provided to both the victim and the violent family member, separate client files are
maintained.
8. Hard copies of documents created for clients for advocacy purposes on agency computers. (Staff computer files
containing these documents will be deleted upon completion.)
Client Files should not include:
1. Safety Plans
2. Materials held by the Center merely for safe-keeping. Advocates should assist victims in finding a safe place
for such papers.
3. The names of other (unrelated) residents or nonresidents.
4. Written staff to staff communications. (These documents are destroyed by the recipient immediately after reading.)
MAINTENANCE/DESTRUCTION OF CLIENT FILES/VICTIMS’ RECORDS1. Open and closed client files and/or victim records in paper format must be kept in locked file cabinets or a locked area,
which is secure at all times. Access to the keys to the files is restricted to supervisory staff and the administrative
assistant.
2. These files may not be removed from the agency except with the prior written permission of the Executive Director,
his or her delegate, the Board President, or the agency’s legal counsel.
3. At the time of a victim’s face to face intake to request resident/nonresident services, the client will receive a copy of
the PCC Confidentiality Policy. This provides notification of the retention and destruction procedures for client
records.
4. All files will be maintained as contractually required. The Retention/Destruction Policy of the Panhandle Crisis Center
is as follows: All written client records, including service logs, case content, case files, and documentation required by funders, will be maintained intact for seven calendar years from the date of the last service. Records will be destroyed in January of each year. At this time, all victims’ written records and documents within eligible client files will be destroyed. The Executive Director or a delegate will supervise the destruction of client files. Under no circumstances is a file, or any part thereof, to be destroyed to avoid a subpoena. To allow residents and non-residents access to their records in the event of the Center’s closure, resident and nonresident records would be securely transferred to another family violence program for safekeeping. A public notice regarding transfer of records would be issued at that time.
5. Written staff to staff communications are not included in victims’ records. These documents are destroyed by the
recipient immediately after reading.
6. Electronic or digital equipment that stores confidential information that could specifically identify a victim will be
password protected (whenever possible) by staff/volunteers, and the identifying information will be deleted from the source upon completion. Hard copies will be placed in client files when applicable. (Electronic and digital records
refer to databases, computer files/hard drives, e-mail, voicemail, cell/digital phones, pagers, and any other equipment
that stores confidential information.)
7. Access to any client files stored electronically via client database or data collection systems provided by funders will
be restricted, including password-protected system access. Electronic client files will be maintained as contractually
required and in compliance with applicable state and federal laws, including the Family Violence Prevention and
Services Act. Electronic records may be maintained beyond seven calendar years when feasible. The Executive
Director is responsible for approving the deletion of electronic client records.
Access to client files
Staff Access
Staff and volunteer access to client and administrative files is limited and based upon legitimate needs for advocacy or
or administrative duties. Access is controlled and monitored by the Executive Director or a delegate.
Client Access
1. Requests by clients to review their files will be honored.
2. The Panhandle Crisis Center has the right to require a twenty-four hour notice for purposes of making the file
available.
3. The Panhandle Crisis Center reserves the right to deny access to any file related to litigation by the client or
the client’s agent against the Center.
4. Requests by any third party, including but not limited to a client’s attorney, will not be honored without a
client’s informed, written consent.
5. A review of the file must be done in the presence of the Executive Director or a delegate.
6. The client may request the correction or removal of inaccurate information from the file. The Executive
Director may make appropriate changes; however, if the Center and client dispute the accuracy of a proposed
correction, the dispute shall be noted, and the file will remain unchanged. Any document or notation required
by contract funders will remain in the file.
7. The Executive Director may authorize the release of photocopied documents or pictures maintained in the client’s
record in an effort to cooperate with the client or client’s attorney. The request and the response to the request will
then become a part of the record. In accordance with Chapter 93 of the Texas Family Code, if the Center, at the
request of a family violence victim, discloses a communication privileged under Chapter 93 for the purpose of a
criminal or civil proceeding, the Center is mandated by Chapter 93 to disclose the communication to all parties to that
criminal or civil proceeding.
8. The client should be informed that a copy of the client’s file released to any third party is not covered by
confidentiality and disclosure laws, may not thereafter be claimed as confidential, either in whole or part,
related to the person or proceeding to which the copy was released, and may be used against the client.
Access by board members
1. Board members do not have access to open or closed client files, nor to information that would identify a
resident or non-resident client or victim.
2. The Executive Director may authorize board access for its oversight functions, including but not limited to,
responding to a subpoena for a client’s file, grievances, or litigation issues.
Access by general public & Public Information Act Requests
1. Neither the general public nor the justice system, except by court order, is entitled access to the Panhandle
Crisis Center’s records.
2. Names and other case information that, standing alone or collectively, could identify a victim must never be
used in training or public speaking without the explicit, written permission of the client or by court order.
3. The agency is contractually required to grant federal and state monitors access to client files for the purpose
of reviewing the Center’s compliance with contractual obligations.
4. The Center will respond to Public Information Act requests as follows:
PUBLIC INFORMATION ACT
Panhandle Crisis Center is a private, nonprofit corporation, which holds exempt status under Section 501 (c) (3) of the Internal Revenue Code, and is governed by the Texas Non-profit Corporation Act. All Public Information Act requests must be in writing. Upon receipt of the request, Panhandle Crisis Center will have 10 business days to contact the Attorney General’s Office in writing to ask for a ruling as to whether this agency is subject to the Texas Public Information Act and/or as to whether the information requested falls within one of the exceptions. The agency will comply with Section 552.138 of the Texas Public Information Act, which provides exceptions to the disclosure of certain information for Family Violence Shelters and Sexual Assault Programs. Information maintained by Panhandle Crisis Center which is excepted from the requirements of the Act includes the name, home address, home telephone number, or numeric identifier of a current or former client of a family violence center or sexual assault program, the provision of services, including counseling and sheltering, to a current or former client of a family violence center or sexual assault program, and the location or physical layout of a family violence shelter center.
Revised 5/22