§ 3800.20. Confidentiality of records.
(a) The facility shall comply with the following statutes and regulations relating to confidentiality of records, to the extent applicable:
(1) 23 Pa.C.S. § § 6301—6386 (relating to Child Protective Services Law).
(2) 23 Pa.C.S. § § 2101—2938 (relating to Adoption Act).
(3) The Mental Health Procedures Act (50 P.S. § § 7101—7503).
(4) Section 602(d) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4602(d)).
(5) The Confidentiality of HIV-Related Information Act (35 P.S. § § 7601—7612).
(6) Sections 5100.31—5100.39 (relating to confidentiality of mental health records).
(7) Sections 3490.91—3490.95 (relating to confidentiality).
(8) Other applicable statutes and regulations.
(b) The following confidentiality requirements apply unless in conflict with the requirements of applicable statutes and regulations specified in subsection (a):
(1) A child’s record, information concerning a child or family, and information that may identify a child or family by name or address, is confidential and may not be disclosed or used other than in the course of official facility duties.
(2) Information specified in paragraph (1) shall be released upon request only to the child’s parent, the child’s guardian or custodian, if applicable, the child’s and parent’s attorney, the court and court services, including probation staff, county government agencies, authorized agents of the Department and to the child if the child is 14 years of age or older. Information may be withheld from a child if the information may be harmful to the child. Documentation of the harm to be prevented by withholding of information shall be kept in the child’s record.
(3) Information specified in paragraph (1) may be released to other providers of service to the child if the information is necessary for the provider to carry out its responsibilities. Documentation of the need for release of the information shall be kept in the child’s record.
(4) Information specified in paragraph (1) may not be used for teaching or research purposes unless the information released does not contain information which would identify the child or family.
(5) Information specified in paragraph (1) may not be released to anyone not specified in paragraphs (2)—(4), without written authorization from the court, if applicable, and the child’s parent and, if applicable, the child’s guardian or custodian.
(6) Release of information specified in paragraph (1) may not violate the confidentiality of another child.
Authority The provisions of this § 3800.20 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901—922 and 1001—1088).
Source The provisions of this § 3800.20 amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial pages (257575) to (257576).
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