REPORT OF WHISTLEBLOWER INVESTIGATION DEPARTMENT OF SOCIAL AND HEALTH SERVICES NO.

03-032 SEPTEMBER 25, 2003 Notice of Filing and Transmittal September 25, 2003 Attached is the official report on whistleblower case No. 03-032 at the Department of Social and Health Services, Yakima Division of Children and Family Services. This report is transmitted by the State Auditors Office pursuant to Chapter 42.40 of the Revised Code of Washington, the Whistleblower Act. Questions about this report should be directed to Investigator Sandra Miller at (360) 902-0378, or Director of Operations Jim Brittain at (360) 902-0372. Sincerely, BRIAN SONNTAG, CGFM STATE AUDITOR CC: Dennis Braddock, Secretary Alice Liou, Special Assistant Ken Nichols, Regional Administrator

The State Auditors Office received an assertion of improper governmental activity at the Department of Social and Health Services, Yakima Division of Children and Family Services. This assertion was submitted to us under the provisions of Chapter 42.40 of the Revised Code of Washington, the Whistleblower Act. We have investigated this assertion independently, objectively and thoroughly through interviews and by reviewing relevant documents. This is the result of our investigation. Assertion: Two Social Workers at the Department of Social and Health Services, Yakima Division of Children and Family Services, accessed and disclosed confidential records. We determined there is reasonable cause to believe that improper governmental action occurred. For the protection of applicants and recipients, the department and the county offices and their respective officer and employees are prohibited, except as hereinafter provided, from disclosing the contents of any records, files, papers and communications, except for purposes directly connected with the administration of the programs of this title RCW 74.04.060 A persons "right to privacy," "right of privacy," "privacy," or "personal privacy," as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person; (1) would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public. The provisions of this chapter dealing with the right to privacy in certain public records do not create any right of privacy beyond those rights that are specified in this chapter as express exemptions from the public s right to inspect examine, or copy public records. RCW 42.17.255 We reviewed the identified case file documentation and found that during the course of a foster care investigation, confidential information that had no bearing on the case was taken from another employees Case and Management Information System (CAMAS) file and incorporated into the case file.

The information incorporated into the case file pertained to the employees minor child and was not public knowledge. This information was disclosed to other family members and their attorney. The social worker further entered erroneous information into the case file about this minor child and his/her family. During an interview, one social worker stated that she did not obtain this information but just looked at it. A second social worker that was interviewed stated she obtained the information to determine if this employee, who was a relative of the children, would be a viable source of placement for two children. The second social worker stated that they reviewed the CAMIS file to determine if the employee might be considered as a source of placement. Although the second social worker denied disclosing confidential information, one of her activity reports dated June 20, 2002, that was made available during the investigation by the Social Worker 4 supervisor, disclosed that both social workers gained access to the employees CAMIS file and the second case worker documented information erroneously. The first social worker stated that her case file was turned over to the Divisions assigned Assistant Attorney General for redaction prior to releasing the information to the public. Therefore, she felt that it was not her responsibility if the attorney decided to release the information relating to the minor child. During interviews with the Regional Administrator and Area Administrator, we determined the incident already had been brought to their attention. Although it was not asserted, we also found documentation that many of the relatives of these children are employees of the Department of Social and Health Services, Yakima Division of Children and Family Services. Some of these employees are using state time and computers to email back and forth to the first social worker as to what they feel would be the best placement for the children. Some of the email messages were not work-related. Therefore, we conclude there is reasonable cause to believe that an improper governmental action occurred and that RCW 42.17.255 may have been violated. We recommend that appropriate steps be taken to ensure that client and employee confidentiality is protected. We further recommend that all employees be reminded that state resources and time are not to be used for personal use. AGENCY PLAN FOR RESOLUTION The first social worker was terminated as a result of several other incidents that were similar in nature to the subject of this investigation. The Second social worker is still employed as a Social Worker 3 in the Child Protective Services Unit. Corrective/disciplinary action will be taken with this employee. The corrective/disciplinary action will be a salary reduction, demotion or termination. That decision will be made following consultation with Personnel Services. The CAMIS files on the DSHS employees have been made "administrative," which means they are electronically locked so that only designated individuals can access the information. AUDITORS CONCLUDING REMARKS We appreciate the cooperation and courtesies extended to our office during this investigation and commend the Department for its planned resolution. We will be following up on implementation of the plan pursuant to RCW 42.40.040 (10) and (11).