When the subject of an HIV test is not competent to give consent for the test to be performed, written consent for the test may be obtained from the subject's parents, guardians, conservators, or other person lawfully authorized to make health care decisions for the subject. For purposes of this paragraph, a minor shall be deemed not competent to give consent if he or she is under 12 years of age.
A representative of a minor can be denied access to the minor's patient records where: 1) the patient records pertain to health care of a type for which the minor is lawfully authorized to consent to; or 2) the health care provider determines that granting access may have a detrimental effect on her professional relationship with the minor, the minor’s physical safety or the minor's psychological well-being.
The Department of Justice shall make available to the chairperson for each county child death review team or the State Child Death Review Council, information maintained in the Child Abuse Central Index relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or suspects. Local child death review teams may share any relevant information regarding child death case reviews with other child death review teams.
The Department of Justice shall make available relevant information concerning child abuse or neglect reports to any agency placing a child with a responsible relative. Upon receipt of relevant information concerning child abuse or neglect reports, the agency shall also notify in writing the person listed in the Child Abuse Central Index that he or she is in the index. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement.
Subject to certain conditions and requirements, the Department of Justice shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent, information maintained in the Child Abuse Central Index regarding a known or suspected child abuser who is a prospective foster or adoptive parent, or an adult living in the home of the prospective foster or adoptive parent.
A physician and surgeon or dentist or their agents by their direction may take skeletal X-rays of the child with the consent of the child's parents or guardian for the purposes of diagnosing the case as one of possible child abuse or neglect and to determine the extent of the abuse or neglect. Neither psychotherapist-patient nor physician-patient privilege applies to the information reported in any court proceeding or administrative hearing.
A single authorization must be given to the parent or guardian of the seriously emotionally disturbed and special needs child entering the program to sign. The authorization must be in writing, and gives permission to release medical, mental health, social services, and education records across multiple providers.
(2) Integrated programs must obtain an individual's informed authorization or the authorization of the parent/guardian/custodian of a minor before obtaining an individual's medical information, including mental health and drug treatment records. (3) Medical information shall not be disclosed to unauthorized persons (4) nor shall it be disclosed for any purpose that is not authorized in the authorization.
Execution of written consent form for psychotherapeutic procedure shall be entered into the patient's treatment record. If the entry of the consent form copy be deemed an unlawful invasion of privacy, then the form shall be maintained in a confidential manner and place, The consent form shall be available to the person, and his attorney, guardian, and conservator.
Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, personal health information shall be disclosed in communications between qualified professional persons in the provision of services or appropriate referrals, or in the course of conservatorship proceedings. The consent of the patient or his or her guardian or conservator shall be obtained before information or records may be disclosed from a facility providing treatment to a facility which does not have the medical or psychological responsibility for the patient's care.
