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Access To School and Medical Records: ALABAMA Through KENTUCKY

School and Medical Record statutes: ALABAMA through KENTUCKY
Back to Index to School and Medical Records State Statutes

Alabama

Section 30-3-154

Availability of records to both parents.

Unless otherwise prohibited by court order or statute, all records and information pertaining to the child, including, but not limited to, medical, physiological, dental, scholastic, athletic, extracurricular, and law enforcement, shall be equally available to both parents, in all types of custody arrangements.

Alaska

Sec. 25.20.130. Access to records of the child.
A parent who is not granted custody under AS 25.20.060 - 25.20.130 has the same access to the medical, dental, school, and other records of the child as the custodial parent.

Arizona

25-403
Custody; best interests of child; joint custody; modification
of decree; fees; children and family services

K. Unless otherwise provided by
court order or law, on reasonable request both parents are entitled to have equal access to documents and other information concerning the child's education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent. A person who does not comply with a reasonable request shall reimburse the requesting parent for court costs and attorney fees incurred by that parent to force compliance with this subsection. A parent who attempts to restrict the release of documents or information by the custodian under this subsection without a prior court order is subject to appropriate legal sanctions.

25-408.
Rights of noncustodial parent; visitation; exception; enforcement; access to records; suspension of visitation; relocation of child

L. Pursuant to section 25-403,
subsection K, the noncustodial parent is entitled to have access to documents and other information about the child unless the court finds that access would endanger seriously the child's or the custodial parent's physical, mental, moral or emotional health.

Arkansas

Arkansas Code Site

§ 9-13-301. Noncustodial parent's right to child's scholastic records.


(a) As used in this subchapter:
(1) "Child" means any person under the age of eighteen (18) years;
(2) "College" means any public institution of higher education.
(b) Any noncustodial parent who has been awarded visitation rights by the court with respect to a child shall, upon request, be provided a copy of the current scholastic records of such child by the school district or college attended by the child.


§ 9-13-302. Penalty for incompliance.

Refusal by any school district
or college official or employee having custody or control of student scholastic records to provide such records to any person entitled to receive a copy under the provisions of this subchapter shall be an unclassified misdemeanor punishable by a fine not to exceed five hundred dollars ($500).

California

CA Family Code 3025

3025. Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, shall not be denied to a parent because that parent is not the child's custodial parent.

EDUCATION CODE SECTION 49069-49072

49069. Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children which are maintained by school districts or private schools. The editing or withholding of any such records, except as provided for in this chapter, is prohibited.

Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the requested access shall be granted no later than five days following the date of the request. Procedures shall include the notification to the parent of the location of all official pupil records if not centrally located and the availability of qualified certificated personnel to interpret records where requested.

(There is more about correcting errors and placing comments into the record)

Colorado

14-10-123.8 - Access to records.

Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.

Connecticut

Sec. 46b-56. (Formerly Sec. 46-42). Superior Court orders re custody and care of minor children in actions for dissolution of marriage, legal separation and annulment.

(e) A parent not granted custody of a minor child shall not be denied the right of access to the academic, medical, hospital or other health records of such minor child unless otherwise ordered by the court for good cause shown.

Delaware

DE Statutes

§ 4111. Disclosure of pupils' school records.

(3) Nothing in this section shall preclude the disclosure by authorized school personnel of the content of all or only a part of such records at appropriate intervals to a parent or legal guardian of a pupil for the purpose of keeping the pupil's parent or legal guardian informed as to the pupil's academic progress, personal health or behavior, to the extent deemed to be appropriate within the sole and absolute discretion of the school's chief administrative officer.

(c) No cause of action or claim for relief, civil or criminal, shall lie or damages be recoverable against any school officer or employee by reason of his or her participation in the formulation of such records or any statements made or of judgments expressed therein concerning a pupil's academic performance, personal conduct, health, habits, school related activities or potential; nor by reason of the disclosure of the records in accordance with paragraph (1), (2) or (3) of subsection (a) of this section, before or after June 10, 1970, unless malice shall be conclusively proven.

Florida


Florida Statutes 61.13 (2)(b)3


3.Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to a parent because the parent is not the child's primary residential parent. Full rights under this subparagraph apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction. A parent having rights under this subparagraph has the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers.

DPS 02-009 is a memo produced by the FL Department of Education that outlines FERPA requirements for all schools in FL.


Georgia

20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their children. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the educational records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated.

24-9-40.

(a)No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness.

(b)No pharmacist licensed under Chapter 4 of Title 26 shall berequired to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any administrative, civil, or criminal proceeding.

Student Records

by Melanie Davis Stockwell

Director of Legal Services

Georgia Department of Education

Parents have the right to inspect and review the education records of their children. These would include any information recorded in any way including video and audio tape, as well as written material. Any information maintained by the educational institution that is directly related to the student is covered.

....It is important to note here that the counselor and psychologist records are considered part of an educational record. Thus, they are not exempt from FERPA's requirement. For the "teacher's notes" exemption to apply to counselor's records, the notes taken by the counselor must be kept apart from all other student records and the information may not be shared with other persons.

....If the parent cannot actually come to review the records, the school system must provide a copy or make other arrangements. The system cannot destroy records if there is a request outstanding. The system can charge a fee to copy the records, but may not charge a fee to retrieve the records. If the cost effectively prevents a parent from inspecting the records, the system may not charge.


Hawaii

HAWAII ADMINISTRATIVE RULES, TITLE 8 DEPARTMENT OF EDUCATION,
SUBTITLE I RULES OF PRACTICE AND PROCEDURE, CHAPTER 6, CONFIDENTIALITY OF PERSONAL RECORDS (As pertains to school records)



This is too lengthy to include here, but it grants access to parents and defines parents as "...the natural or legal parent, guardian, or other legal custodian of the student."

HRS §846D-4 Limitations on dissemination. Dissemination of information from the juvenile justice information system shall be limited whether directly or through any intermediary only to:
(4) The minor, the minor's parents or guardians, and the minor's attorney and guardian ad litem for the purpose of examining records pertaining to the minor; or

(We could not find any general rule allowing NCP's access to medical records here. If anyone does find something, please let us know.)

Idaho

TITLE 32, DOMESTIC RELATIONS, CHAPTER 7, DIVORCE ACTIONS

32-717A. PARENTS' ACCESS TO RECORDS AND INFORMATION. Notwithstanding any other provisions of law, access to records and information pertaining to a minor child including, but not limited to, medical, dental, health, and school or educational records, shall not be denied to a parent because the parent is not the child's custodial parent. However, information concerning the minor child's address shall be deleted from such records to a parent, if the custodial parent has advised the records custodian in writing to do so.

Illinois

750 ILCS 5/602.1

(e)Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.

705 ILCS 405/1-8

Sec. 1-8. Confidentiality and accessibility of juvenile court records.
(A)Inspection and copying of juvenile court records relating to a minor who is the subject of a proceeding under this Act shall be restricted to the following:
(1)The minor who is the subject of record, his parents, guardian and counsel.

Indiana

IC 20-10.1-22.4

Chapter 22.4. Parental Access to Education Records

IC 20-10.1-22.4-1

Sec. 1. As used in this chapter, "education records" means information that:

(1) is recorded by a nonpublic or public school; and
(2) concerns a student who is or was enrolled in the school.
IC 20-10.1-22.4-2

Sec. 2. (a) Except as provided in subsection (b), a nonpublic or public school must allow a custodial parent and a noncustodial parent of a child the same access to their child's education records.

(b) A nonpublic or public school may not allow a noncustodial parent access to the child's education records if:

(1) a court has issued an order that limits the noncustodial parent's access to the child's education records; and

(2) the school has received a copy of the court order or has actual knowledge of the court order.


This legal brief from the IN DOE provides case histories and additional information on this topic.
A must for anyone encountering difficulties gaining access or in getting their name added as a parent to the child's records.

IC 31-39-2-7
Sec. 7. The records of the juvenile court are available without a court order to the parents of a child whenever the custody or support of that child is in issue in an action initiated under IC 31-15 or IC 31-16 (or IC 31-1-11.5 before its repeal).

Medical Records:
IC 16-39-1-7

Sec. 7. (a) Except as provided in subsection (b), a custodial parent and a noncustodial parent of a child have equal access to the parents' child's health records.

(b) A provider may not allow a noncustodial parent access to the child's health records if:

(1) a court has issued an order that limits the noncustodial parent's access to the child's health records; and

(2) the provider has received a copy of the court order or has actual knowledge of the court order.

(c) If a provider incurs additional expense by allowing a parent equal access to health records under this section, the provider may require the parent requesting the equal access to pay a fee to cover the cost of the additional expense.


Mental Health Records:
IC 16-39-2-9

Sec. 9. (a) For the purposes of this chapter, the following persons are entitled to exercise the patient's rights on the patient's behalf:

(1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient.

(2) If the provider determines that the patient is incapable of giving or withholding consent, the patient's guardian, a court appointed representative of the patient, a person possessing a health care power of attorney for the patient, or the patient's health care representative.

(b) A custodial parent and a noncustodial parent of a child have equal access to the child's mental health records unless:

(1) a court has issued an order that limits the noncustodial parent's access to the child's mental health records; and

(2) the provider has received a copy of the court order or has actual knowledge of the court order.

If the provider incurs an additional expense by allowing a parent equal access to a child's mental health records, the provider may require the parent requesting the equal access to pay a fee under IC 16-39-9 to cover the cost of the additional expense.


Iowa

IA Code 598.41 Custody of children.

1. e. Unless otherwise ordered by the court in the custody decree, both parents shall have legal access to information concerning the child, including but not limited to medical, educational and law enforcement records.

Kansas

KS Statutes

I have not been able to find a statutory base in KS onto access to records,
but this paper on Parent Rights In Special Education seems to imply they exist, at least for the parents of children in special education programs
(PAS Children are commonly placed in special education programs due to their poor performance in school).

Medical Records. The KS statute below seems to indicate that you can obtain medical records of your children only if they make a medical claim in their case and the judge grants you access to their records.

65-5603. Exceptions to privilege.
(a) The privilege established by K.S.A. 65-5602 and amendments thereto shall not extend to:
(3) any proceeding in which the patient relies upon any of the aforementioned conditions as an element of the patient's claim or defense, or, after the patient's death, in any proceeding in which any party relies upon any of the patient's conditions as an element of a claim or defense;
(b) The treatment personnel shall not disclose any information subject to subsection (a)(3) unless a judge has entered an order finding that the patient has made such patient's condition an issue of the patient's claim or defense. The order shall indicate the parties to whom otherwise confidential information must be disclosed.

Kentucky

160.715 Inspection and review of records -- Procedures -- Fees for copying permitted.

(1)Parents of students or eligible students attending public institutions or who have been in attendance shall have the right to inspect and review student education records within a reasonable time of making a request to inspect.


(2)Educational institutions shall establish procedures for honoring requests for inspection within a reasonable time. Fees for copying materials and documents may be charged.

There are related items in the Kentucky Family Education Rights and Privacy Act (Scroll down to the 700's).

As far as we can tell, KY does not have any statutes granting or denying NCP's access to records. Your best bet is to depend on the Federal Statutes here.


Counseling Records:

From the Kentucy Rules of Evidence
Rule 507 Psychotherapist-patient privilege.

(b) General rule of privilege. A patient, or the patient's authorized representative, has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications, made for the purpose of diagnosis or treatment of the patient's mental condition, between the patient, the patient's psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the family.

There is one exception that might apply here, however:
(c) Exceptions. There is no privilege under this rule for any relevant communications under this rule:
(3) If the patient is asserting that patient's mental condition as an element of a claim or defense...

Rule 506 Counselor-client privilege is virtually identical in everything but definition.

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