Sec.19-570-5. Confidential client records

Individual client records are maintained by the superintendents of the respective regional centers and training schools. These records are confidential and will only be released to the individual client or his/her representative in accordance with the following:

(a) The record of a client who is less than 18 years of age will be released upon the written authorization of his/her parent or guardian. The portion of the record maintained by the Special School District will be released according to the special regulations governing Special School District records.

(b) The record of a client who is 18 years of age or more and has a legally appointed guardian or conservator, will be released upon the written authorization of that guardian or conservator.

(c) The record of a client who is 18 years of age or more, who has not been adjudicated incompetent and who executes a release of information form, shall be released to his attorney.

(d) The record of a client who is 18 years of age or more, who has not been adjudicated incompetent, who has no guardian, and who in the opinion of a Qualified Mental Retardation Professional is incapable of giving informed consent, will be released on the written authorization of his/her parent(s). In cases where the parent(s) is unavailable or refuses to give consent, the record may be released on the written authorization of a guardian, to be obtained by petition to the appropriate Probate Court by the person requesting the release of the record.

(e) The record of a client who is 18 years of age or more, who has not been adjudicated incompetent, has no parents or guardian, and who in the opinion of a Qualified Mental Retardation Professional is incapable of giving informed consent will be released on the written authorization of a guardian, or be obtained by petition to the appropriate Probate Court by the person requesting the release of the record.

(f) When release of a client's record is required to obtain services from another government agency, only those portions of the record which contain essential information will be released and a record will be kept of all such releases.

(g) Individual client records containing references to third parties will have those references censored before release in accordance with the provisions of Section 4-193 (g) of the General Statutes, unless the release is to the client's attorney in which case the uncensored record will be released in accordance with P.A. 80-311.

(h) Pursuant to the provisions of Section 4-194 of the General Statutes portions of individual client records containing personal data that would, in the opinion of an interdisciplinary team, which includes a physician, be medically detrimental to the client if known by him, will not be released unless the release is to the client's attorney in which case the entire record will be released in accordance with P.A. 80-311. When a record containing medically detrimental information is released to a client's attorney, a statement to that effect will be attached explaining why the information is considered detrimental.

(i) The superintendent of each facility will cause a record to be kept of all access to any confidential records and will assure that all staff who have access to such records are trained in the proper use of such information and in its protection.

(Effective August 12, 1982)