§ 7141. Disclosure to the Applicant or Client.

(a) Except as limited by (c), all information in the case record shall, upon request and proper identification, be disclosed to the applicant or client.

(b) The Counselor shall translate or arrange for translation of documents in the case record when requested, in a language that is understood by the client. It is not required that the case record be translated into other languages.

(c) In cases where the applicant or client requests access to the case record and where the Department has reason to believe that the disclosure of some portion of the case record may be harmful to the applicant or client, the Department shall notify the applicant or client in writing that direct disclosure is not authorized by law. The notification shall include the way in which the Department will release the information using the following options.

(1) Disclose, and if requested or needed, interpret the information directly to the authorized representative, guardian or conservator of the applicant or client.

(2) Disclose and interpret the information to the applicant or client through the District Medical Consultant, the District Psychologist, a panel physician, or panel psychiatrist.

(3) Upon written authorization, disclose such information to a physician, psychiatrist, or licensed or certified psychologist or other representative designated by the applicant or client.

(d) Information in the case record shall upon request be disclosed to a duly appointed guardian or conservator of the applicant or client provided that it can be proved, with reasonable certainty, that such person is the duly appointed guardian or

(e) A request by an applicant or client to examine his/her case record shall be processed as expeditiously as possible and shall not take longer than 30 days for an active case record or 60 days for a closed case record.

(f) Examination of the case record shall be permitted only in a departmental office. During the examination, the Counselor or other designated employee shall be present while the case is being reviewed. Case records may not be removed from a departmental office except by an employee of the Department for official business.

(g) The Department shall provide copies of any document or item of information which the applicant or client is entitled to obtain at a charge not to exceed 10 cents per page. If fewer than ten pages are requested, no charge shall be made. The Department may waive the charge at its discretion.

(h) The Counselor shall record in the case record the pertinent details of each disclosure including the date disclosed.

HISTORY

1. Renumbering of section 7282 to section 7141 filed 6-21-90; operative 7-21-90 (Register 90, No. 35).

2. Amendment of subsection (a); new subsections (b), (f) and (h); relettering and amendment of former subsection (e) to subsection (c); relettering of former subsections (b), (c), (d) and (e) to subsections (d), (e), (g) and (c); filed 5-1-91; operative 6-1-91 (Register 91, No. 25).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code and Section 1798.30, Civil Code. Reference: Sections 1798.25-1798.34 and 1798.40, Civil Code, and 34 CFR Section 361.49.