(a) (1) To promote more effective communication needed for the development of a plan to address the needs of the child or youth and family, a person designated as a member of a child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may receive and disclose relevant information and records, subject to the confidentiality provisions of state and federal law.
(2) Information exchanged among the team shall be received in confidence for the limited purpose of providing necessary services and supports to the child or youth and family and shall not be further disclosed except to the juvenile court with jurisdiction over the child, subject to the privileges and confidentiality requirements of state and federal law, or as otherwise required by law. Civil and criminal penalties may apply to the inappropriate disclosure of information held by the team.
(b) (1) Each participant in the child and family team with legal power to consent shall sign an authorization to release information to team members. In the event that a child or youth who is a dependent or ward of the juvenile court does not have the legal power to consent to the release of information, the child’s attorney or other authorized individual may consent on behalf of the child.
(2) Authorization to release information shall be in writing and shall comply with all other applicable state law governing release of medical, mental health, social service, and educational records, and that covers identified team members, including service providers, in order to permit the release of records to the team.
(3) This authorization shall not include release of adoption records.
(4) The knowing and informed consent to release information given pursuant to this section shall only be in force for the time that the child or youth, or family, or nonminor dependent, is participating in the child and family team.
(c) Upon obtaining the authorization to release information as described in subdivision (b), relevant information and records may be shared with members of the team. If the team determines that the disclosure of information would present a reasonable risk of a significant adverse or detrimental effect on the child’s or youth’s psychological or physical safety, the information shall not be released.
(d) Information and records communicated or provided to the team, by all providers, programs, and agencies, as well as information and records created by the team in the course of serving its children, youth, and their families, shall be deemed private and confidential and shall be protected from discovery and disclosure by all applicable statutory and common law. Nothing in this section shall be construed to affect the authority of a health care provider to disclose medical information pursuant to paragraph (1) of subdivision (c) of Section 56.10 of the Civil Code.
(e) If the child welfare agency files or records, or any portions thereof, are privileged or confidential, pursuant to any other state law, except Section 827, or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the child welfare agency files or records, or any portions thereof, shall prevail.
(f) All discussions during team meetings are confidential unless disclosure is required by law. Notwithstanding any other law, testimony concerning any team meeting discussion is not admissible in any criminal or civil proceeding except as provided in paragraph (2) of subdivision (a).
(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall, by July 1, 2021, issue written instructions to counties that describe all protections provided by statute for the confidentiality of mental health, reproductive and sexual health, and minor drug treatment information concerning minors and nonminor dependents for whom a child and family team meeting is held, including, but not limited to, the duties of therapists not to disclose confidential information, as described in Sections 123115 and 123116 of the Health and Safety Code and Section 1015 of the Evidence Code.
(h) Any request to sign an authorization for the release of information described in subdivision (g) provided to minors or nonminor dependents shall incorporate all statutory protections for the confidentiality of the information, including, but not limited to, their right to consult with an attorney before signing the release of information.
(i) As used in this section, “privileged information” means any information subject to a privilege pursuant to Division 8 (commencing with Section 900) of the Evidence Code. Disclosure of otherwise privileged information to team members shall not be construed to waive the privilege.
(Amended by Stats. 2019, Ch. 780, Sec. 3. (AB 1068) Effective January 1, 2020.)