Presentation to the Senate Jurisprudence Committee August 26, 2010 Liz Kromrei, DFPS Director of Services for Child Protective Services

DFPS Data Sharing DFPS currently shares data in an effort to improve outcomes, improve coordination of services, and measure effectiveness of services to children and youth. Current data sharing: Is accomplished on a case-by-case basis for child or family specific data, with written consent from the family when appropriate. Uses federally mandated parameters to ensure individual rights are protected Ensures roles and responsibilities regarding data are understood by preceding data sharing with a fully executed Memorandum of Understanding or Interagency Agreement between all entities.

DFPS Data Sharing Types of data shared include: Client specific data – confidentiality barriers may be an issue Aggregate data How is it shared? Direct interface links between agency automation systems Manual exchange, such as with the use of data files

Barriers to DFPS Data Sharing Technical Barriers New interfaces should not jeopardize the integrity of the automation systems Some interagency data exchanges require complex technical interfaces Federal funding used to build the DFPS system (IMPACT) require prior federal approval for some interfaces Fiscal Barriers IT resource needs Software and hardware limitations Staff time

Barriers to Data Sharing Legal Barriers (Federal Law Confidentiality) Titles IV-B and IV-E of the Social Security Act and the Child Abuse Prevention and Treatment Act (CAPTA) limit the sharing of child welfare data with other governmental entities to specific purposes in order to protect the constitutional right to privacy of children and families involved in the child welfare system; Information regarding a parent’s abuse or neglect of their child cannot be released without first offering a due-process hearing to the parent; Federal regulations require that clients be informed when data is shared with another agency and that client consent be obtained prior to release, when possible; Another governmental agency that receives child welfare data may only use or re-disclose that data for the same purposes for which it was provided to the agency and must provide the same security safeguards with respect to confidential data received.

Efforts to overcome Data Sharing Barriers DFPS uses a variety of strategies to overcome barriers to data sharing: Memorandums of Understanding (MOU) Limit data elements to be shared Limit numbers of data exchanges Agencies agree to comply with federal and state laws and rules regarding use, security, dissemination, and retention/destruction Data is password-protected Appropriate safeguards are taken to ensure safety and confidentiality of data

Current DFPS Data Sharing

Examples of Data Sharing DFPS and Texas Youth Commission HB 3689 Rep. McClendon/Sen. Hinojosa), 81st Legislature, Regular Session. Demographic data for children in DFPS conservatorship and placed in TYC facilities is shared. Data is exchanged via an interface, on a daily and monthly schedule. Data is exchanged in order to ensure youth in DFPS conservatorship receive appropriate and continued care while in TYC custody. HB 1629 (Rep. Naishtat / Sen. Uresti), 81st Legislature, Regular Session. Requires the DFPS and TYC to enter into an MOU for data sharing with respect to common clients.

Examples of Data Sharing DFPS and Texas Education Agency Demographic data for children in DFPS conservatorship is matched with educational outcomes and school data from PEIMS. Exchange was Legislatively mandated (SB 2248 Sen. Zaffirini/ Rep. D. Patrick and SB 939 Sen. Watson/ Rep. Hughes), 81st Legislature Regular Session. Annual demographic client-specific data is manually provided to TEA by DFPS; TEA provides DFPS with aggregate outcome data Data is exchanged in order to improve educational outcomes for children and youth in DFPS conservatorship.

Examples of Data Sharing DFPS and Office of Court Administration Known as the Judicial Web Page, the data is limited to judicial access. Data includes specific court-related demographic data for children currently in DFPS conservatorship. Data is exchanged via a daily interface, using a password protected, secure website. Data is exchanged in order to ensure the Judge has the most current data required to make decisions.

Examples of Data Sharing DFPS and Texas Juvenile Probation Commission DFPS performance measures require reporting clients who received services from the Prevention and Early Intervention (PEI) Community Youth Development (CYD) program for youth that enter the juvenile justice system. Specific client data exchanged is limited to youth receiving CYD services, aged 10 – 16 years. Data is exchanged twice annually via a manual exchange of files; TJPC matches data with TJPC monthly extract child and referral tables. Data is exchanged in order to ensure effectiveness of DFPS CYD program.