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2018 Georgia Code 15-11-40 | Car Wreck Lawyer

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 1 GENERAL PROVISIONS

15-11-40. Information sharing; confidentiality.

  1. Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in such program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court.
  2. Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor.
  3. Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse.
  4. This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.

(Code 1981, §15-11-40, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Exchange of information, § 15-11-710.

RESEARCH REFERENCES

ALR.

- Validity and efficacy of minor's waiver of right to counsel - cases decided since application of Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), 101 A.L.R.5th 351.

JUDICIAL DECISIONS

Cited in In the Interest of H. J. C., 331 Ga. App. 506, 771 S.E.2d 184 (2015).

Cases Citing Georgia Code 15-11-40 From Courtlistener.com

Total Results: 4

Ertter v. Dunbar

Court: Supreme Court of Georgia | Date Filed: 2012-11-19

Citation: 292 Ga. 103, 734 S.E.2d 403, 2012 Fulton County D. Rep. 3593, 2012 Ga. LEXIS 958

Snippet: or upon motion of the court pursuant to OCGA § 15-11-40.” OCGA § 15-11-58 (i) (1) (D). Such a long-term

Interest of I. S.

Court: Supreme Court of Georgia | Date Filed: 2005-01-10

Citation: 278 Ga. 859, 607 S.E.2d 546

Snippet: SE2d 134) (1995), or a motion pursuant to OCGA § 15-11-40 to modify or vacate the juvenile court’s order

In Re Is

Court: Supreme Court of Georgia | Date Filed: 2005-01-10

Citation: 607 S.E.2d 546, 278 Ga. 859

Snippet: 2d 134 (1995), or a motion pursuant to OCGA § 15-11-40 to modify or vacate the juvenile court's order

In the Interest of J. H.

Court: Supreme Court of Georgia | Date Filed: 1990-10-17

Citation: 396 S.E.2d 885, 260 Ga. 447, 1990 Ga. LEXIS 354

Snippet: the courtroom. 4. J. H. finally argues that § 15-11-40 (b) required the juvenile court to commit J. H