§ 16-39-3-8 — Child in need of services; petition for emergency hearing on request for records of parent, guardian, or custodian

Indiana § 16-39-3-8

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 39: HEALTH RECORDS
• Ch. 3: Release of Mental Health Records in Investigations and

Text

If an emergency exists in which a child is
alleged to be a child in need of services under IC 31-34-1 and the
department of child services seeks access to the mental health records
of the parent, guardian, or custodian of the child as a part of a
preliminary inquiry under IC 31-34-7, the department of child services
may file a verified petition, which sets forth the facts the department of
child services alleges constitute an emergency, seeking an emergency
hearing under this section. A request for access to a patient's mental
health record under this section shall be heard by the juvenile court
having jurisdiction under IC 31-30 through IC 31-40. Notice of a
hearing to be conducted under this section shall be served not later than
twenty-four (24) hours before the hearing to all persons entitled to
receive notice under section 4 of this chapter. If actual notice cannot be
given, the department of child services shall file with the court an
affidavit stating that verbal notice or written notice left at the last
known address of the respondent was attempted not less than
twenty-four (24) hours before the hearing. A hearing under this section
shall be held not later than forty-eight (48) hours after the petition for
an emergency hearing is filed. The juvenile court shall enter written
findings concerning the release or denial of the release of the mental
health records of the parent, guardian, or custodian. The juvenile court
shall order the release of the mental health records if the court finds the
following by a preponderance of the evidence:
(1) Other reasonable methods of obtaining the information sought
are not available or would not be effective.
(2) The need for disclosure in the best interests of the child
outweighs the potential harm to the patient caused by a necessary
disclosure. In weighing the potential harm to the patient, the
juvenile court shall consider the impact of disclosure on the
provider-patient relationship and the patient's rehabilitative
process.
[Pre-1993 Recodification Citation: 16-4-8-3.2(h).]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.4-1993, SEC.245; P.L.5-1993, SEC.258; P.L.1-1997, SEC.97; P.L.146-2008, SEC.448.