2005 Idaho Code - 16-2428 — CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 24
                      CHILDREN'S MENTAL HEALTH SERVICES
    16-2428.  CONFIDENTIALITY AND DISCLOSURE OF INFORMATION. All certificates,
applications, records, and reports directly or indirectly identifying a
patient or former patient or an individual whose involuntary treatment has
been sought under this chapter shall be kept confidential and shall not be
disclosed by any person except with the consent of the person identified or
his legal guardian, if any, or as disclosure may be necessary to carry out any
of the provisions of this chapter, or as a court may direct upon its
determination that disclosure is necessary and that failure to make such
disclosure would be contrary to public interest.
    (1)  No person in possession of confidential statements made by a child
over the age of fourteen (14) years in the course of treatment may disclose
such information to the child's parent or others without the written
permission of the child, unless such disclosure is necessary to obtain
insurance coverage, to carry out the treatment plan or prevent harm to the
child or others, or, unless authorized to disclose such information by order
of a court.
    (2)  The child has the right of access to information regarding his
treatment and has the right to have copies of information and to submit
clarifying or correcting statements and other documentation of reasonable
length for inclusion with his treatment record.
    (3)  Nothing in this section shall prohibit the denial of access to
records, by a child  when a physician or other mental health professional
believes and notes in the child's medical records that the disclosure would be
damaging to the child. In any case, the child has the right to petition the
court for an order granting access.
    (4)  Access to records by the state protection and advocacy system shall
be governed by 42 U.S.C. 10108 et seq., as amended.