- Information should not be released about victims (except to DHHR in cases requiring mandatory reporting) without their informed, written consent.
- Release of information forms used by your agency should be time-limited and specific.
- Special conditions regarding release of information and informed consent exist for minors and some incapacitated adults with cognitive disabilities. Minors are typically unable to legally provide informed consent. Therefore, when the client is a minor, the written release of information should be signed by the minor where possible and the non-abusive parent or guardian of the child. Emancipated minors, however, can make most of their own decisions and do not need the signature of their parent or guardian.9 With adults who are incapacitated, the issue is whether they are competent to give consent. If a client is not capable of providing consent to release information, the written release should be signed by the client where possible and the non-abusive guardian, if that person exists. In West Virginia, a person is legally considered to be competent unless a court has determined otherwise.
For more information on this topic, see B6. Confidentiality in the WV S.A.F.E. Training and Collaboration Toolkit—Serving Sexual Violence Victims with Disabilities.