California Civil Code

§ 56.106

CIV § 56.106 Effective Jan 1, 2013Div. 1 · Part 2.6 · Ch. 2

Statute 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.

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Legislative history

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