Informed Consent
At Damien Center (DC), we are dedicated to ensuring the safety and well-being of our clients. As part of this commitment, it is our responsibility to inform you about the obligation of our staff to report under certain situations.
We take your privacy and confidentiality seriously. Here’s how we keep your information secure:
- We do not disclose any identifying information without written consent, called a Release of Information (ROI), or Power of Attorney (POA).
- We comply with all HIPAA regulations and Privacy Practices and take active steps to prevent any breaches of confidentiality.
There are some situations where we may be required to break confidentiality. Some of these exceptions include:
- Immediate Danger to Self or Others: If there is a clear and immediate threat of serious physical harm to yourself, such as a suicidal plan with means and intention, or to others such as assault or homicidal intention.
- Mandated Reporting Requirements: The law requires us to report certain incidents, such as:
- Suspicion of child abuse or neglect (physical or sexual abuse of any kind including trafficking)
- Suspicion of abuse or neglect of elder or endangered adults
- Dog bites
- Knife wounds
- Gunshot wounds
- Court Orders: If we are ordered by a court to release information.
For more details, please refer to the Notice of Privacy Practices. HERE
Duty to Report
Mandatory Reporting: All staff members are legally required to report any suspected abuse or neglect of children, elder adults, or endangered adults. This includes physical, emotional, or sexual harm, as well as financial exploitation or neglect.
Reasonable Suspicion: Reports are made based on reasonable suspicion or disclosure. If we believe that you or someone else may be a victim of abuse or neglect, we must report it to the appropriate authorities immediately. Reasonable suspicion can include but is not limited to:
- Physical Signs: Unexplained bruises, burns, or injuries.
- Behavioral Signs: Withdrawal, fearfulness, or aggressive behavior.
- Verbal Disclosures: Statements from you or others indicating abuse or neglect.
No Duty to Investigate: Our responsibility is to report, not to investigate. We do not verify the information or gather additional evidence. If there is reasonable suspicion to report, we are bound by law to do so.
Duty to Warn: All staff members have a duty to warn if a client communicates an actual threat of harm to themselves or others. We are required to take reasonable steps to warn the potential victim or protect them from harm. Duty to Warn could be inclusive of involving law enforcement if necessary.
HIPAA and Mandated Reporting / Duty to Warn:
While the Health Insurance Portability and Accountability Act (HIPAA) generally protects your privacy, it allows for disclosures required by law. This means that mandatory reporting laws for child abuse, elder abuse, endangered adult abuse, duty to warn, and specific injuries such as gunshot or stab wounds override HIPAA protections.
We appreciate your understanding of these important responsibilities. If you have any questions about this policy or need further information, please feel free to ask.