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49-6-3114 - Development of transition plan when treatment program believes child leaving treatment poses threat of serious harm Confidentiality Violation.

49-6-3114. Development of transition plan when treatment program believes child leaving treatment poses threat of serious harm Confidentiality Violation.

(a)  If a hospital or treatment resource is of the belief that a child leaving a treatment program poses a substantial likelihood of serious harm as defined in § 33-6-501, in addition to the duties in § 33-3-207, it is the duty of the hospital or treatment resource to warn the principal of the school the child will be attending of that belief, so the principal or principal's designee may convene a meeting to develop the transition plan accordingly.

(b)  (1)  The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and school counselor, social worker or psychologist, if involved in developing or implementing the plan for the child while in the school. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law.

     (2)  Notification in writing of the nature of the offense committed by the child and any probation requirements and the transition plan developed pursuant to subsection (a) shall not become a part of such child's student record.

     (3)  A violation of the confidentiality provisions of subdivisions (b)(1) and (2) is a Class C misdemeanor.

[Acts 2007, ch. 314, § 2.]  

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