2010 Tennessee Code
Title 33 - Mental Health and Developmental Disabilities
Chapter 3 - General Rules Applicable to Service Recipients
Part 1 - General Rights of All Service Recipients
33-3-111 - Records of child service recipient not available to person accused of abusing recipient Exceptions and limitations.

33-3-111. Records of child service recipient not available to person accused of abusing recipient Exceptions and limitations.

(a)  In any case where a person is known to have been accused of physically or sexually abusing or neglecting a service recipient who is a child, the service recipient's record shall not be accessible to the person accused of the abuse or neglect, except if:

     (1)  A court orders access under § 33-3-105(3); or

     (2)  (A)  The child's qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child's guardian ad litem, and others on the child's behalf whom the professional deems appropriate, that the release of the child's record to the accused person would not be harmful to the child; and

          (B)  The accused person is the parent, legal guardian, or legal custodian of the child.

(b)  If the court permits access to the child's record under subsection (a), the court shall have jurisdiction to issue any necessary orders to control access to and use of the information by the person seeking access, including the issuance of injunctive relief.

[Acts 2000, ch. 947, § 1.]