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Louisiana Revised Statutes 9:351.
Access to records of child
Not withstanding any provision of law to the contrary, 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 solely because he is not the child's custodial or domiciliary parent.
Title 19-A, Part 3, Chapter 55, § 1653. Parental rights and responsibilities
D. The order of the court awarding parental rights and responsibilities must include the following:
(4) A statement that each parent must have access to records and information pertaining to a minor child, including, but not limited to, medical, dental and school records and other information on school activities, whether or not the child resides with the parent, unless that access is found not to be in the best interest of the child or that access is found to be sought for the purpose of causing detriment to the other parent. If that access is not ordered, the court shall state in the order its reasons for denying that access;
§ 9-104. Access to medical, dental, and educational records by noncustodial parent.
Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.
Department of Human Resources §6
(b)...Reports or records concerning child abuse or neglect:
(2) May be disclosed on request:
(vi) To a parent or other person who has permanent or temporary care and custody of a child, if provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;
MA has the most backwards statute in the country on access to school records for noncustodial parents. This law, passed a couple years ago, requires that you prove that you are not prohibited from accessing these records, and it gives the CP notice of your request and 21 days to get a restraining order prohibiting your access. SC has a similar policy, but that policy is not law.
This Act conflicts with MGL Chapter 208: Section 31. That section, listed in part below, does grant you much better access to any records other than school records.
Chapter 285 of the Acts of 1998
AN ACT PROVIDING FOR THE DISTRIBUTION OF INFORMATION TO CERTAIN PARENTS OF CHILDREN ENROLLED IN ELEMENTARY AND SECONDARY SCHOOLS.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 71 of the General Laws is hereby amended by inserting after section 34G the following section:-
Section 34H.(a)Each public elementary and secondary school shall provide the following information in a timely and appropriate manner to the parent of a child enrolled in the school if the parent is eligible for information pursuant to this section and requests the information in the manner set forth in this section: report cards and progress reports; the results of intelligence and achievement tests; notification of a referral for a special needs assessment; notification of enrollment in a transitional bilingual program; notification of absences; notification of illnesses; notification of any detentions; suspensions or expulsion; and notification of permanent withdrawal from school. Each school shall also make reasonable efforts to ensure that other written information that is provided to the custodial parent but not specified in the preceding sentence be provided to the requesting parent if that parent is eligible for information pursuant to this section and requests the information in the manner set forth herein. All address and telephone number information shall be removed from information provided pursuant to this section. Receipt of this information shall not mandate participation in any proceeding to which notification pertains nor shall it authorize participation in proceedings and decisions regarding the child's welfare which are not granted through the award of custody. For purposes of this section, any parent who does not have physical custody of a child shall be eligible for the receipt of information pursuant to the procedures of this section unless said parent has been denied legal custody of the child based on a threat to the safety of the child or to the custodial parent, or who has been denied visitation, or who has been ordered to supervised visitation, or whose access to their child or to the custodial parent has been restricted by a temporary or permanent protective order unless said protective order, or any subsequent order which modifies said protective order, specifically allows access to the information described in this section.
(b)A parent eligible for information pursuant to this section who wishes to have this information shall submit a written request to the school principal annually. The initial request shall include: a certified copy of the probate court's order or judgment relative to the custody of the child indicating that the requesting parent has not sought and been denied shared legal custody as defined in section 31 of chapter 208 based on a threat to the safety of the child or the custodial parent and is entitled to unsupervised visitation with his child, or a certified copy of an order by a probate and family court judge specifically ordering that this information be made available to the requesting parent which certifies on its face that it is being made after a review of the records, if any, of the judgment of custody and the criminal history of the petitioner, that provision of the requested information has not been determined to pose a safety risk for the custodial parent or to any child in the custodial parent's custody and that it is in the best interest of the child that such information be provided to the petitioner; and an affidavit from the requesting parent certifying that the judgment or order remains in effect and that no temporary or permanent protective order restricting access to the custodial parent or to any child in the custodial parent's custody is in effect.
(c)Upon receipt of a request for information pursuant to this section the school shall immediately notify the custodial parent of the receipt of the request. Notification must be made by registered mail and by first class mail in both the primary language of the custodial parent and in English. The school may seek reimbursement for the cost of postage from the requesting parent. The notification shall also inform the custodial parent that information requested pursuant to this section shall be provided to the requesting parent after 21 days unless the custodial parent provides to the principal of the school documentation of any court order which prohibits contact with the child, or prohibits the distribution of the information referred to in this section or which is a temporary or permanent order issued to provide protection to the custodial parent or any child in the custodial parent's custody from abuse by the requesting parent unless said protective order or any subsequent order which modifies said protective order, specifically allows access to the information described in this section.
(d)In each subsequent year, the parent eligible for information pursuant to this section shall indicate in the annual request that he continues to be entitled to unsupervised visitation with his child and to be eligible for the receipt of the information pursuant to this section. Upon receipt of a request for information pursuant to this section the school shall immediately notify the custodial parent of the receipt of the request. Notification shall be made by registered mail and by first class mail in both the primary language of the custodial parent and in English. The school may seek reimbursement for the cost of postage from the requesting parent. The notification shall also inform the custodial parent that information requested pursuant to this section shall be provided to the requesting parent after 21 days unless the custodial parent provides to the principal of the school documentation of any court order which prohibits contact with the child, or prohibits the distribution of the information referred to in this section or which is a temporary or permanent order issued to provide protection to the custodial parent or any child in the custodial parent's custody from abuse by the requesting parent.
(e)At any time the principal of a school is presented with an order of a probate and family court judge which prohibits the distribution of information pursuant to this section the school shall immediately cease to provide said information and shall notify the requesting parent that the distribution of information shall cease.
(f)The principal of each public elementary and secondary school shall designate a staff member whose duties shall include the proper implementation of this section.
(g)Requests for information made pursuant to this section which are made while a permanent protective order restricting access to the custodial parent or to any child in the custodial parent's custody is in effect shall constitute a violation of said protective order and be subject to the applicable penalties.
(h)The department of education shall promulgate regulations to implement the provisions of this section. Said regulations shall include provisions which assure that the information referred to in this section is properly marked to indicate that said information may not be used to support admission of the child to another school.
Approved August 10, 1998.
GENERAL LAWS OF MASSACHUSETTS Chapter 208: Section 31. Custody of children; shared custody plans states in part:
The entry of an order or judgment relative to the custody of minor children shall not negate or impede the ability of the non-custodial parent to have access to the academic, medical, hospital or other health records of the child, as he would have had if the custody order or judgment had not been entered; provided, however, that if a court has issued an order to vacate against the non-custodial parent or an order prohibiting the non-custodial parent from imposing any restraint upon the personal liberty of the other parent or if nondisclosure of the present or prior address of the child or a party is necessary to ensure the health, safety or welfare of such child or party, the court may order that any part of such record pertaining to such address shall not be disclosed to such non-custodial parent.
600.2165 Disclosure of students' records or communications by school teacher or employee. [M.S.A. 27a.2165 ]
Sec. 2165. No teacher, guidance officer, school executive or other professional person engaged in character building in the public schools or in any other educational institution, including any clerical worker of such schools and institutions, who maintains records of students' behavior or who has records in his custody, or who receives in confidence communications from students or other juveniles, shall be allowed in any proceedings, civil or criminal, in any court of this state, to disclose any information obtained by him from the records or such communications; nor to produce records or transcript thereof, except that testimony may be given, with the consent of the person so confiding or to whom the records relate, if the person is 18 years of age or over, or, if the person is a minor, with the consent of his or her parent or legal guardian.
This FERPA Q & A document from the MI State Department of Education outlines their policy and/or interpretation of the federal law. On page 6 it says:
99.4 What are the rights of parents?
An educational agency or institution shall give full rights under the act to either parent, unless the agency or institution has been provided with evidence that there is a court order, state statute, or other legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.
(Authority: 20 U.S.C. 1232g)
PUBLIC HEALTH CODE (EXCERPT) Act 368 of 1978
333.20201 Policy describing rights and responsibilities of patients or residents
(b) An individual who is or has been a patient or resident is entitled to inspect, or receive for a reasonable fee, a copy of his or her medical record upon request. A third party shall not be given a copy of the patient's or resident's medical record without prior authorization of the patient.
Access To Medical Records - Revised
MEDICAL RECORDS ACCESS ACT (EXCERPT)
Act 47 of 2004
333.26265 Request by authorized individual to examine or obtain medical record; response by health care provider or facility; extension of response time.
(1) Except as otherwise provided by law or regulation, a patient or his or her authorized representative has the right to examine or obtain the patient's medical record.
(2) An individual authorized under subsection (1) who wishes to examine or obtain a copy of the patient's medical record shall submit a written request that is signed and dated by that individual not more than 60 days before being submitted to the health care provider or health facility that maintains the medical record that is the subject of the request. Upon receipt of a request under this subsection, a health care provider or health facility shall, as promptly as required under the circumstances, but not later than 30 days after receipt of the request or if the medical record is not maintained or accessible on-site not later than 60 days after receipt of the request, do 1 or more of the following: