Objectives  Review federal statutes (HIPAA, FERPA)  Discuss state guidelines  Review local procedures 6 - 2

 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) 6 - 3

 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 ) 6 - 4

 FERPA protects the privacy of student education records.  Generally, schools need written permission from parents to release information. Family Educational Rights and Privacy Act 6 - 5

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) 6 - 6

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) 6 - 7

Federal Drug & Alcohol Regulations (42CFR Chapter 2) Exceptions that allow disclosure without first obtaining signed authorization:  A court order accompanied by a subpoena 6 - 8

Voluntarily Seeking Help  With parental involvement  Without parental knowledge 6 - 9

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

Emergency/Involuntary Transport of Youth  Insert your state’s issues, if applicable

Other Procedures to Bring Youth to a Treatment Facility  Insert your state’s procedures, if applicable

Psychiatric Hospital Admissions of Youth  Voluntary  Involuntary Definition of “minor” for purposes of hospitalization:  Insert your state’s definition

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