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Ind. Code Ann. § 16-39-3-8 - Child in need of services; petition for emergency hearing on request for mental health records of parent, guardian, or custodian

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This law allows the department of child services to file a verified petition seeking access to the mental health records of a parent/guardian/custodian of a child as part of a preliminary inquiry if the department of child services believes that an emergency exists in which a child needs their services.  The petition must contain the facts that point towards an emergency and must seek an emergency hearing for release of the records.
The juvenile court having jurisdiction will conduct such hearing within 48 hours after petition is filed, and notice of the hearing must be given to all relevant parties at least 24 hours before the hearing.  The law sets forth what can be done in case actual notice is not possible.  The law requires that the court enter their findings with respect to release or denial of the department of child service’s request.  The law allows the juvenile court to release the records if over 50% of the evidence points to the fact that other reasonable methods to obtain the information are not available and that the need for disclosure outweighs the harm of disclosure.

Current as of June 2015