Privacy Policy

Your Privacy

Family, Youth and Child Services of Muskoka is a consolidated children’s services agency, providing children’s mental health services and child welfare services for children, youth and their families.  Family, Youth and Child Services also provides youth justice services through the Alternatives for Youth in Muskoka program as well as service coordination through Integrated Services for Children.  Our mission is to promote, support and protect the mental, physical, emotional and social well being of children and youth and to strengthen families as a community.

In connection with our delivery of health care services, Family, Youth and Child Services is a health information custodian, and is committed to complying with the Personal Health Information Protection Act, 2004 (“PHIPA”) which requires that personal health information be kept private and secure.  Amongst other things, PHIPA governs the collection, use and disclosure of personal health information. 

Collection of Personal Health Information

We collect personal health information directly from our clients, or from individuals authorized to act on their behalf, in order to provide children’s mental health and program coordination services to our clients.

The personal health information that we collect from and about our clients may include, for example, our client’s name, date of birth, clinical history, health and family information, records of clinical meetings and information respecting the care we provide and the care and treatment our clients may have received elsewhere.  Family, Youth and Child Services will collect information from clients for the purposes of its main activities, which are related to providing children’s mental health services to clients.

Staff of Family, Youth and Child Services (including intake staff and other staff who provide after hours or crisis children’s mental health services in addition to their regular duties) are “agents” for the purposes of PHIPA and are allowed to collect personal health information for these purposes. 

Occasionally, we may collect personal health information from other sources, such as other care providers, schools and physicians where we have obtained consent to do so or if the law permits.

We will not collect personal health information if other information will serve the purpose. In addition, we will not collect more personal health information than what is reasonably necessary to meet the purpose.

In some circumstances, we may collect information from our clients and others for the purpose of providing Child Protection Services.  In these circumstances, we will not collect personal health information, expect with express consent or where we are required to do so, to comply with our legal obligations.

Use of Personal Health Information

Personal health information is used by staff of Family, Youth and Child Services in order to:

•           provide care and services to our clients, in the community or at our agency;

•           provide a coordinated response to problems;

•           plan, administer and manage our internal operations;

•           conduct risk management and quality improvement activities;

•           teach, conduct research and compile statistics;

•           comply with legal and regulatory requirements;

•           fulfill other purposes permitted or required by law (including providing child protection services where child protection staff are required to investigate a concern that a child may have suffered or be at risk of suffering harm).

If Family, Youth and Child Services uses our clients’ personal health information for any purpose other than our main activities, we will obtain consent.

Disclosure of Personal Health Information

We may share our clients’ personal health information with other professionals who provide care to our clients for the purpose of providing health care services, and unless clients tell us otherwise, we assume that we have our clients’ consent to do so.

With the express consent of our clients, we may also share personal health information with service providers within Family, Youth and Child Services who are not providing health care services, for the purpose of providing other services.

Family, Youth and Child Services will not disclose or share our clients’ personal health information for any purpose other than the purpose for which the information was provided, or for the purpose of carrying out a legal or statutory duty.  Sometimes the law requires Family, Youth and Child Services to disclose information about clients.  We will only disclose client information when the law requires or permits us to do so, such as:

•           where we receive information about a child that may be in need of protection;

•           where the Ministry of Community and Social Services is investigating or auditing our records;

•           where disclosure is necessary to reduce or eliminate a risk of bodily harm to someone; or

•           where you or your child are at risk of self harm.

Getting Client Consent

We will collect, use and disclose the personal health information of our clients only with express or implied consent. PHIPA also provides that an individual can withdraw or limit consent at any time.  In cases where we collect, use or disclose personal health information without consent, we will do so only where the law permits or requires us to do so.

Although our clients are generally children, they are entitled to consent to the collection, use or disclosure of their personal health information when they are capable to do so.  An individual is capable of giving consent if he or she is able to understand the information that is relevant to deciding to consent to the collection, use or disclosure of personal health information and the individual is able to appreciate the reasonably foreseeable consequences of giving, withholding or withdrawing consent.  Where a client is under sixteen, a client’s parent or other person authorized by law can normally provide consent to collect, use or disclose personal health information on his or her behalf. 

Confidentiality of Personal Health Information

Everyone who performs services for us will protect your privacy and use your personal health information only for the purposes you have consented to.

Family, Youth and Child Services of Muskoka keeps all of the information we receive from our clients and from others in a web‑based electronic file and in a paper file.  Other providers of health care services will also have access to the electronic file, if you are, or your child is, receiving services from other providers of childrens’ mental health services.

UNLESS YOU TELL US NOT TO ALLOW THIS, any other providers of health services who are providing you or your child with care will have access to the personal health information we have collected, and we may share your information with other agencies and health care providers involved with your care, if they need to know this information to provide you with care or to help provide you with care, and you have not asked us not to share this information.

You can request that some, or even all, of your or your child’s personal health information not be shared with others, even if they are providing you or your child with care, but we may be required to tell them if we believe that they require certain information to provide you or your child with care.

Family, Youth and Child Services will take reasonable steps to ensure that the information we collect is accurate, complete and up to date.  Clients should notify Family, Youth and Child Services of any changes to their personal information. 

Security of Personal Health Information

We will take all reasonable steps to ensure that personal health information in our custody or control is protected against theft, loss and unauthorized use or disclosure. 

Paper records containing personal information including health information are kept in secure and locked files, in locked offices, and our building is secured by an alarm. 

All electronic records require two sets of passwords to access information, and Family, Youth and Child Services controls who can access this information.  The electronic records are encrypted and are kept secure through anti virus and firewall software.  We will keep these records for as long as we are required to by law, and then will destroy the records in a secure and permanent manner.

In the unfortunate event that personal health information is stolen, lost, or accessed by unauthorized persons, we would normally inform the client’s or his or her parent or guardian of such an occurrence at the first reasonable opportunity.

Client Access to Personal Health Information

Clients can see their personal health information by contacting their assigned worker.  Family, Youth and Child Services will allow clients access to their information, except where denial of access is required or authorized by law, or where the request is frivolous or vexatious or in bad faith.  If Family, Youth and Child Services cannot allow clients access to their record, there will be a reason given, and clients will also be notified of their right to complain to the Privacy Officer.  If the matter is not resolved the client will be notified of their right to complain to the Information Privacy Commissioner of Ontario.

Correction of a Record of Personal Health Information 

An individual or someone legally authorized to act on their behalf has the right to request a correction to their information if they believe the information is incomplete or inaccurate.  Requests to correct information should be directed to the client’s assigned worker.  If Family, Youth and Child Services agrees with the correction request, we will correct the information and cross out the incorrect information.  The right to a correction is not absolute.  A correction request may be denied where:

•           Family, Youth and Child Services are not satisfied that the record is incomplete or inaccurate for the purposes for which it uses the information;

•           the request consists of a record that was not originally created by us and we do not have sufficient knowledge, expertise and authority to correct the record;

•           the request consists of a professional opinion or observation that a health information custodian has made in good faith; or

•           the request is frivolous, vexatious, or made in bad faith.

If Family, Youth and Child Services refuses to make the correction request, reasons will be provided.

For More Information

If you have any questions or concerns regarding the Family, Youth and Child Services’ privacy and/or information practices, please contact our Privacy Officer, Kathy Davis.  We will answer all questions and will promptly investigate any concerns raised regarding this policy or a potential privacy breach.  If a concern is found with respect tour privacy practices, we will take all appropriate measures, including taking disciplinary action or amending our information practices.

Although we will make every effort to resolve all privacy concerns, if you are not able to resolve a privacy issue directly with our Agency and wish to get in touch with someone else about this, you may contact the Information and Privacy Commissioner of Ontario.

Privacy Officer

If you have any questions or concerns regarding the privacy and/or information practices at Family, Youth and Child Services, please ask to see our Privacy Policy or contact our Privacy Officer, Kathy Davis at 705‑645‑4426.

Information and Privacy Commissioner of Ontario

If you are not able to resolve a privacy issue directly with Family, Youth and Child Services, and wish to make a complaint, you may contact the Information and Privacy Commissioner of Ontario at 2 Bloor Street East, Suite 1400, Toronto, Ontario, M4W 1A8.

Web Privacy Statement
February, 2006