Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 5 - State Interagency Council for Services to Children with Emotional Disabilities › Section 908 KAR 5:010 - Disclosure of confidential client information for state and regional interagency councils

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				200.505(2)(c),
				200.509
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, created the Cabinet for Health and Family Services and placed the
				Department for Behavioral Health, Developmental, and Intellectual Disabilities
				within the cabinet.
				KRS
				200.505(2)(c) requires the
				State Interagency Council for Service to Children with an Emotional Disability
				to develop a form to be signed by the parent or other legal guardian of a child
				referred for services to a state interagency council and regional interagency
				council for children with an emotional disability.
				KRS
				200.505(3) authorizes the
				State Interagency Council for Services to Children with an Emotional Disability
				to promulgate administrative regulations necessary to comply with the
				requirements of
				KRS
				200.501 to
				200.509.
				This administrative regulation establishes requirements for protect the
				confidentiality of information about a child and incorporates by reference the
				confidentiality form.
Section 1.
			 Definitions.
(1) "Confidential information"
			 means information about a child or the parent or legal guardian of the child
			 which is obtained by a mental health professional or health care provider, if
			 there is a reasonable expectation that, because of the relationship between the
			 child or the parent or legal guardian of the child and the mental health
			 professional or health care provider, or the circumstances under which the
			 information was revealed or obtained, the information will not be disclosed by
			 the mental health professional or health care provider without an authorization
			 to release signed by the parent or legal guardian of the child or as mandated
			 by law.
(2) "Interagency meeting"
			 means a face-to-face meeting, whether conducted in person or by two (2) way
			 interactive video via a secured electronic connection, where two (2) or more
			 persons who represent different organizations may discuss or disclose
			 information of a confidential nature for the purpose of coordinating services
			 to a child pursuant to
			 KRS
			 200.509(3)(b).
(3) "Local interagency council" means the
			 council established pursuant to
			 KRS
			 200.509(5).
(4) "Parent representative" means an adoptive
			 or biological parent of a child with an emotional disability who is a consumer
			 of state-funded service for children with an emotional disability, who is
			 appointed to serve as a representative on:
(a)
			 A state interagency council pursuant to
			 KRS
			 200.505(1)(b); or
(b) A regional interagency council pursuant
			 to
			 KRS
			 200.509(1)(d).
(5) "State Interagency Council"
			 means the council established pursuant to
			 KRS
			 200.505.