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When a person has been victimized, their sense of trust and faith in people, places, systems, and institutions is often shaken to the core. CVVC believes confidentiality is a necessary and natural right to help victims begin to feel safe in sharing their experiences in order to get the help they need.
The staff of The Center for Victims of Violence and Crime (CVVC) becomes involved in private and personal areas of people's lives. We are committed to respecting the privacy and integrity of those we serve by keeping all aspects of our relationship confidential. It is the policy of CVVC to protect communications with agency clients to the fullest extent permitted by law.
CVVC's Confidentiality Policy covers all clients regardless of the nature of his/her victimization. However, sexual assault victims have the additional protection of a Pennsylvania statute, particularly 42 PA CSA Sec. 5945 and 35 PS Sec. 10181 et seq. as amended. The statute provides a privilege of confidentiality between victims of sexual violence and those who serve as sexual assault counselors.
Confidential communication includes all information and observation, spoken or written, between a victim of violence and a CVVC staff person during the length of their relationship. Even the fact that the person is a client, or has had contact with the program is confidential and not to be shared with any third party.
It is the client who owns the privilege of confidentiality and therefore, makes the decision regarding all disclosures. CVVC believes in nondisclosure. We mandate confidential communication unless the client chooses to disclose information. The client's consent to release information must be in writing. It must include the specific information to be released and signed by the client. Verbal, rather than written permission is allowed when CVVC is engaged in outreach to victims. However, CVVC will get the client's permission in order to consult with anyone in another system on his/her behalf.
On very rare occasions, CVVC receives a subpoena to testify in court. The client will be told of the request and presented with choices regarding disclosure. If the client chooses to disclose information, all steps to comply with the request will be taken. If the client chooses not to disclose information, CVVC will attempt to help protect the client's privacy. However, the agency's Confidentiality Policy may have certain limitations under the law. Despite this, CVVC will rigorously contest any request for records or subpoenas if the client chooses non-disclosure.
There are a few exceptions to CVVC's Confidentiality Policy when the client's consent to disclose is not needed. Whenever possible, the client will be notified of CVVC's actions.
These exceptions include:
- when a life-threatening emergency exists, important information may be released without consent based on the discretion of CVVC supervisory staff
- when situations involving suspected child abuse arise, the suspected abuse will be reported to proper authorities according to Pennsylvania's Child Protective Services Law
- that the confidential client relationship does not free a CVVC staff member from the responsibility to report the intent to commit a crime
- when a situation of incompetence exists and a legal guardian has been appointed for the client, only the guardian has the right to consent to disclosure