(a) In any case where a person is known to have been accused of physically or sexually abusing or neglecting a service recipient who is a child, the service recipient’s record shall not be accessible to the person accused of the abuse or neglect, except if:

Terms Used In Tennessee Code 33-3-111

  • Child: means a person who is under eighteen (18) years of age. See Tennessee Code 33-1-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Qualified mental health professional: means a person who is licensed in the state, if required for the profession, and who is a psychiatrist. See Tennessee Code 33-1-101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Service recipient: means a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has mental illness or serious emotional disturbance. See Tennessee Code 33-1-101
(1) A court orders access under § 33-3-105(3); or
(2)

(A) The child’s qualified mental health professional has determined in the course of the treatment or service, after consultation with the child, the child’s guardian ad litem, and others on the child’s behalf whom the professional deems appropriate, that the release of the child’s record to the accused person would not be harmful to the child; and
(B) The accused person is the parent, legal guardian, or legal custodian of the child.
(b) If the court permits access to the child’s record under subsection (a), the court shall have jurisdiction to issue any necessary orders to control access to and use of the information by the person seeking access, including the issuance of injunctive relief.
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