§ 56.106. — 56.106. (Added by Stats. 2012, Ch. 657, Sec. 1.)

California § 56.106.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 1.: DIVISION 1. PERSONS
• Part 2.6.: PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION
• Ch. 2.: CHAPTER 2. Disclosure of Medical Information by Providers

Text

(a)
Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11, or any other provision of law, a psychotherapist who knows that a minor has been removed from the custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code shall not release the mental health records
of the minor patient and shall not disclose mental health information about that minor patient based upon an authorization to release those records signed by the minor’s parent or guardian. This restriction shall not apply if the juvenile court has issued an order authorizing the parent or guardian to sign an authorization for the release of the mental health records or the information about the minor patient after finding that such an order would not be detrimental to the minor patient.
(b)
For purposes of this section, the following definitions apply:
(1)
“Mental health records” means mental health records as defined by subdivision (b) of Section 123105 of the Health and Safety Code.
(2)
“Psychotherapist” means a provider of health care as defined in Section 1010 of the Evidence Code.
(c)
When the juvenile court has issued an order authorizing the parent or guardian to sign an authorization for the release of the mental health records or information about that minor patient under the circumstances described in subdivision (a), the parent or guardian seeking the release of the minor’s records or information about the minor shall present a copy of the court order to the psychotherapist before any records or information may be released pursuant to the signed authorization.
(d)
Nothing in this section shall be construed to prevent or limit a psychotherapist’s authority under subdivision (a) of Section 123115 of the Health and Safety Code to deny a parent’s or guardian’s written request to inspect or obtain copies of the minor patient’s mental health records, notwithstanding the fact that the juvenile court has issued an order authorizing the parent or guardian to sign
an authorization for the release of the mental health records or information about that minor patient. Liability for a psychotherapist’s decision not to release the mental health records of the minor patient or not to disclose information about the minor patient pursuant to the authority of subdivision (a) of Section 123115 of the Health and Safety Code shall be governed by that section.
(e)
Nothing in this section shall be construed to impose upon a psychotherapist a duty to inquire or investigate whether a child has been removed from the physical custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code when a parent or guardian presents the minor’s psychotherapist with an authorization to release information or the mental health records regarding the minor
patient.

Legislative History

Added by Stats. 2012, Ch. 657, Sec. 1. (SB 1407) Effective January 1, 2013.