Civil Code 56.103(d) (2007; amended by AB 2352, 2008)
Summary:
Medical information disclosed to a county social worker, probation officer, or anyone who is legally authorized to have custody or care of a minor shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment of the minor and the disclosure is authorized by law. Medical information thus disclosed may not be admitted into evidence in any criminal or delinquency proceeding against the minor. But identical evidence obtained through other lawful means (i.e. not through disclosure for health care / medical treatment services) can be admissible in a criminal proceeding.
Statutory Scheme:
California Medical Information Act(CMIA)Data Origin:
health care providers Parties Bound:
county social workers, probation offers, anyone legally authorized to have custody or care of a minor Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : law enforcement purposes
Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : legal guardians considered to be personal representatives of minors
Associated Federal Law(s):
Uses and disclosures to carry out treatment, payment, or health care operations
: Permitted uses and disclosures