Legal and Civil Rights of Persons Involuntarily Detained

Cal. WIC § 5328.04

California Statutes

(

a) Notwithstanding

Section 5328, information and records made confidential under that

section may be disclosed to a county social worker, a probation officer, a foster care public health nurse acting pursuant to

Section 16501.3, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating health care services and medical treatment, as defined in subdivision (

b) of

Section 56.103 of the Civil Code, mental health services, or services for developmental disabilities, for the minor. (

b) Information disclosed under subdivision (

a) shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment, or mental health or developmental disability services, for the minor and only to a person who would otherwise be able to obtain the information under subdivision (

a) or any other law. (

c) Information disclosed pursuant to this

section shall not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this

section and is permitted by law. (

d) Nothing in this

section shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information, including notes, that has been given to him or her in confidence by the minor or members of the minor’s family. (

e) The disclosure of information pursuant to this

section is not intended to limit disclosure of information when that disclosure is otherwise required by law. (

f) Nothing in this

section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to confidential information. (

g) As used in this section, “minor” means a minor taken into temporary custody or for whom a petition has been filed with the court, or who has been adjudged a dependent child or ward of juvenile court pursuant to

Section or 601. (

h) Information and records that may be disclosed pursuant to this

section do not include psychotherapy notes, as defined in

Section 164.501 of Title of the Code of Federal Regulations.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 5328.04
Date2016-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC5328.04.20155352

Legal and Civil Rights of Persons Involuntarily Detained

Cal. WIC § 5328.04

California Statutes

Legal and Civil Rights of Persons Involuntarily Detained

Cal. WIC § 5328.04

California Statutes

(

a) Notwithstanding

Section 5328, information and records made confidential under that

section may be disclosed to a county social worker, a probation officer, a foster care public health nurse acting pursuant to

Section 16501.3, or any other person who is legally authorized to have custody or care of a minor, for the purpose of coordinating health care services and medical treatment, as defined in subdivision (

b) of

Section 56.103 of the Civil Code, mental health services, or services for developmental disabilities, for the minor. (

b) Information disclosed under subdivision (

a) shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment, or mental health or developmental disability services, for the minor and only to a person who would otherwise be able to obtain the information under subdivision (

a) or any other law. (

c) Information disclosed pursuant to this

section shall not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this

section and is permitted by law. (

d) Nothing in this

section shall be construed to compel a physician and surgeon, licensed psychologist, social worker with a master’s degree in social work, licensed marriage and family therapist, licensed professional clinical counselor, nurse, attorney, or other professional person to reveal information, including notes, that has been given to him or her in confidence by the minor or members of the minor’s family. (

e) The disclosure of information pursuant to this

section is not intended to limit disclosure of information when that disclosure is otherwise required by law. (

f) Nothing in this

section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to confidential information. (

g) As used in this section, “minor” means a minor taken into temporary custody or for whom a petition has been filed with the court, or who has been adjudged a dependent child or ward of juvenile court pursuant to

Section or 601. (

h) Information and records that may be disclosed pursuant to this

section do not include psychotherapy notes, as defined in

Section 164.501 of Title of the Code of Federal Regulations.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 5328.04
Date2016-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC5328.04.20155352