Counsel has rights relating to the representation of a child's best interest which include the right to access the child's medical, dental, mental health, and other health care records
In addition to any other remedies available at law, a patient whose medical information has been used or disclosed in violation of (specified provisions) and who has sustained economic loss or personal injury therefrom may recover damages, attorney's fees and the costs of litigation.
Medical professionals (as specified) must make all of a patient's records available for inspection to an attorney presenting a written authorization from the patient
Petitioners for conservatorship appointment must provide supplemental information regarding: the proposed conservatee's inability to provide for his physical health, food, clothing and shelter needs; the location for proposed conservatee residency; alternatives to conservatorship and why they are unavailable; health and social services provided to the proposed conservatee for the previous year; and the proposed conservatee's inability to handle his finances. Supplemental information shall be confidential and provided on a form separate from the actual petition.
With regards to a court investigator’s report evaluating a conservatorship, confidential medical information about the conservatee will be sent as a separate attachment to the report to the conservator, attorneys of record for the conservator, conservatee, and the court. The confidential medical information will not be included in the copies of the report sent to the conservatee's spouse or registered domestic partner, and the conservatee's relatives.
The regional center shall provide the court with a complete evaluation of the developmentally disabled person for whose protection the appointment is sought. The report shall include person's physical and mental condition. The evaluation report shall not be made part of the public record of the guardianship or conservatorship proceedings and shall be open to inspection only by court personnel, the person who is the subject of the proceeding, his parents, guardian or conservator, the attorneys, others designated by court.
An insurance institution, agent, or insurance-support organization may disclose personal or privileged information about an individual to an insured or the insured's lawyer when the information disclosed is from an accident report, supplemental report, investigative report, etc. that the insured is entitled to obtain.
The court may appoint counsel for a child that is not represented for juvenile court proceedings. The appointed counsel may access all records maintained by a health care facility, physician, surgeon, or other health care practitioner. If the child is of sufficient age and maturity, the counsel must acquire consent or the child can invoke privilege.
