California Health and Safety Code

§ 123116

HSC § 123116 Effective Jan 1, 2013Div. 106 · Part 1 · Ch. 1

Statute text

(a)Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, or any other provision of law, a psychotherapist who knows that a minor has been removed from the physical 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 allow the parent or guardian to inspect or obtain copies of mental health records of the minor patient. This restriction shall not apply if the juvenile court has issued an order authorizing the parent or guardian to inspect or obtain copies of the mental health records of 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.

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Legislative history

Added by Stats. 2012, Ch. 657, Sec. 2. (SB 1407) Effective January 1, 2013.