Confidentiality of Patient Information

Questions about access to information concerning children in foster care by involved parties, including parents, foster care parents, and child protection workers, will arise. Legislation varies by state, and agencies may have specific policies. Healthcare providers can contact agencies or hospital/practice legal counsel with case-specific questions.

Policies should be created which are specific to the applicable state law where the hospital or practice is situated to address many types of consent and release of information questions that will commonly occur. When questions arise, the minor's rights to confidentiality and consent should be clarified with appropriate legal counsel. CHOP has a comprehensive consent policy, and legal counsel is available for consultation. Consent for Care in Pennsylvania Policy.

Caseworkers and Foster Parents

In most states, medical information may/must be shared with caseworkers and foster parents, with some exceptions. Foster parents must be aware of allergies, medical conditions and their associated treatments and follow-up needs.

Exceptions
Adolescent foster children who have the legal right to consent to their care based on applicable state or federal law control the release of that information to others, which may include the Agency or foster parents. Examples of typical areas where adolescents control the release of their information are reproductive health, mental health treatment, and substance abuse treatment.

Birth Parents

Questions may arise regarding information sharing with the child’s birth parent. Unless parental rights have been terminated, the adolescent controls the release of the information, or a court order specifically prohibits it, the provider can share information and records freely with a parent. In many cases, there is a plan for reunification. When permitted, access to information about medical problems and treatments is beneficial to the reunification process.

Confidentiality and Mandated Reporting

Mandatory reporters of child abuse must report to child protective services. Information sharing, which is required by law in the context of a child abuse investigation, is an exception to HIPPA privacy regulations.