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10/13/2020
<br />Codes Display Text
<br />(d) Nothing in this section Is Intended to abrogate existing laws regarding privacy or information sharing. Family
<br />justice center staff members shall comply with the laws governing their respective professions.
<br />(e) Victims of crime shall not be denied services on the grounds of criminal history. No criminal history search shall
<br />be conducted of a victim at a family justice center without the victim's written consent unless the criminal history
<br />search is pursuant to a criminal investigation.
<br />(f) Victims of crime shall not be required to participate in the criminal justice system or cooperate with law
<br />enforcement in order to receive counseling, medical care, or other services at a family justice center.
<br />(g) (1) Each family justice center shall consult with community -based domestic violence, sexual assault, elder or
<br />dependent adult abuse, and human trafficking agencies in partnership with survivors of violence and abuse and
<br />their advocates in the operations process of the family justice center, and shall establish procedures for the ongoing
<br />input, feedback, and evaluation of the family justice center by survivors of violence and abuse and community -
<br />based crime victim service providers and advocates.
<br />(2) Each family justice center shall develop policies and procedures, in collaboration with local community -based
<br />crime victim service providers and local survivors of violence and abuse, to ensure coordinated services are
<br />provided to victims and to enhance the safety of victims and professionals at the family justice center who
<br />participate in affiliated survivor -centered support or advocacy groups. Each family justice center shall maintain a
<br />formal client feedback, complaint, and input process to address client concerns about services provided or the
<br />conduct of any. family justice center professionals, agency partners, or volunteers providing services In the family
<br />justice center.
<br />(h) (1) Each family justice center shall maintain a client consent policy and shall be in compliance with all state and
<br />federal laws protecting the confidentiality of the types of information and documents that may be in a victim's file,
<br />including, but not limited to, medical, legal, and victim counselor records. Each family justice center shall have a
<br />designated privacy officer to develop and oversee privacy policies and procedures consistent with state and federal
<br />privacy laws and the Fair Information Practice Principles promulgated by the United States Department of
<br />Homeland Security. At no time shall a victim be required to sign a client consent form to share information In order
<br />to access services.
<br />(2) Each family justice center is required to obtain informed, written, reasonably time limited, consent from the
<br />victim before sharing information obtained from the victim with any staff member or agency partner, except as
<br />provided in paragraphs (3) and (4).
<br />(3) A family justice center is not required to obtain consent from the victim before sharing information obtained
<br />from the victim with any staff member or agency partner if the person is a mandated reporter, a peace officer, or a
<br />member of the prosecution team and Is required to report or disclose specific information or incidents. These
<br />persons shall inform the victim that they may share information obtained from the victim without the victim's
<br />consent.
<br />(4) Each family justice center Is required to inform the victim that Information shared with staff members or
<br />partner agencies at a family justice center may be shared with law enforcement professionals without the victim's
<br />consent if there is a mandatory duty to report, or the client is a danger to himself or herself, or others. Each family
<br />justice center shall obtain written acknowledgment that the victim has been informed of this policy.
<br />(5) Consent by a victim for sharing information within a family justice center pursuant to this section shall not be
<br />construed as a universal waiver of any existing evidentiary privilege that makes confidential any communications or
<br />documents between the victim and any service provider, including, but not limited to, any lawyer, advocate, sexual
<br />assault or domestic violence counselor as defined In Section 1035.2 or 1037.1 of the Evidence Code, human
<br />trafficking caseworker as defined in Section 1038.2 of the Evidence Code, therapist, doctor, or nurse. Any oral or
<br />written communication or any document authorized by the victim to be shared for the purposes of enhancing safety
<br />and providing more effective and efficient services to the victim of domestic violence, sexual assault, elder or
<br />dependent adult abuse, or human trafficking shall not be disclosed to any third party, unless that third -party
<br />disclosure is authorized by the victim, or required by other state or federal law or by court order.
<br />(i) An individual staff member, volunteer, or agency that has victim information governed by this section shall not
<br />be required to disclose that information unless the victim has consented to the disclosure or it is otherwise required
<br />by other state or federal law or by court order.
<br />(j) A disclosure of information consented to by the victim in a family justice center, made for the purposes of clinical
<br />assessment, risk assessment, safety planning, or service delivery, shall not be deemed a waiver of any privilege or
<br />confidentiality provision contained in Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code,
<br />the lawyer -client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the
<br />Evidence Code, the physician -patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4
<br />of Division 8 of the Evidence Code, the psychotherapist -patient privilege protected by Article 7 (commencing with
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