10-148 C.M.R. ch. 24, § I - DISCLOSURE OF HIV TEST RESULTS TO EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES

A. The results of an HIV test of a child in the legal custody of the Department of Human Services may be disclosed to a Department employee who has any one or a combination of the following responsibilities for the child who was the subject of the tests, provided that the HIV test results are relevant and necessary to the employees decisions and actions relative to the care or treatment of that child. These responsibilities include:
1. Assessment of the child's needs, short and long term planning regarding the child, decision-making regarding the care, treatment, supervision, placement, and/or safety of the child, or any other activities necessary to discharge the Department's parental rights and responsibilities for the child, or
2. Formulation and/or presentation of an appropriate plan for the child and the bases of this plan to a courts or.
3. Monitoring or review of the appropriateness of the Department's plans and actions relative to the child, or
4. Submission of applications for third party benefits for the child.
B. A Department employee who receives HIV status information may not disclose the results further except as permitted in Title 5 MRSA Section19203.

Notes

10-148 C.M.R. ch. 24, § I

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