Objectives Review federal statutes (HIPAA, FERPA)

Discuss state guidelines

Review local procedures

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HIPAA places legal restrictions on doctors, hospitals, clinics, etc. about disclosing patient information.

Generally, health care providers need signed authorization of the minor’s parent (or the minor, if the minor can consent to the relevant testing or treatment) to release records.

Health Insurance Portability & Accountability Act (1996)

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Subpoenas Locate/identify missing person, suspect,

or witness Victim of a crime Victim of abuse, neglect, domestic violence To avert serious threat to health or safety

Law Enforcement Exceptions to HIPAA (45 CFR 164.512)

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FERPA protects the privacy of student education records.

Generally, schools need written permission from parents to release information.

Family Educational Rights and Privacy Act

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Exceptions to FERPA Court order/subpoenas Appropriate officials in case of health

and safety emergencies State and local authorities within a

juvenile justice system (pursuant to specific state law)

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Federal Drug & Alcohol Regulations (42CFR Chapter 2)

Protects people seeking substance abuse treatment from prosecution

Governs the release of records by substance abuse treatment programs

(ENTER YOUR STATE HERE IF LAWS ARE MORE RESTRICTIVE)

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Federal Drug & Alcohol Regulations (42CFR Chapter 2)

Exceptions that allow disclosure without first obtaining signed authorization:

A court order accompanied by a subpoena

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Voluntarily Seeking Help With parental involvement

Without parental knowledge

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Involuntary Outpatient Commitment Insert your state’s issues, if applicable.

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Emergency/Involuntary Transport of Youth

Insert your state’s issues, if applicable.

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Other Procedures to Bring Youth to a Treatment Facility

Insert your state’s procedures, if applicable.

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Psychiatric Hospital Admissions of Youth

Voluntary Involuntary

Definition of “minor” for purposes of hospitalization:

Insert your state’s definition.

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Potential Collateral Legal Consequences of Delinquency Arrest/Adjudication

If an undocumented immigrant, trigger of deportation proceedings

If a felony charge, potential limits or exclusion from public education

Bar or limits on serving in the military Implications for public housing; possible eviction Bar or limits on future student loans for post-high

school education

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