Iowa court says child's health records protected

Iowa court says child's health records protected
Associated Press
3:06 PM CDT, April 18, 2009
DES MOINES, Iowa - In a decision that child advocates say extends new privacy rights to children, the Iowa Supreme Court has ruled that a child's mental health records can be kept private from a parent.

The court's decision on Friday was in the case of a divorced North Liberty woman who claimed she was entitled to her children's records. A counselor objected, saying the records should be kept private.

The woman, Susan Harder, has joint custody of her three children but is not their primary caregiver.

The court said parents can normally approve the release of their children's records, but that the law does not compel their release.



"For example, a divorced parent with legal custody does not have an absolute right to direct a child's medical care," Justice David Wiggins wrote. "When joint legal custodians have a genuine disagreement concerning a course of treatment affecting a child's medical care, the court must step in as an objective arbiter, and decide the dispute by considering what is in the best interest of the child."

The therapist in the case, Jane Pini, argued that the records were in a format "that needs to be interpreted to be fully understood," and pointed to ethics rules and the children's expectation of privacy. Pini offered to meet with Harder to answer her questions, but Harder declined, according to the opinion.

Pini's attorney, Steven Ballard of Iowa City, said Friday's decision helps protect children who share sensitive information with therapists or social workers.

"I think this case will echo strongly throughout family-law courts in Iowa," Ballard said. "The Iowa Supreme Court ... stood for privacy rights of children in the state. The court recognized that, in some circumstances, a parent may not be acting in their child's best interest."

The opinion said that Harder sought counseling for the children to help them cope with the divorce in 2003. She was the primary caregiver until 2005, when she was charged with an assault that injured her middle daughter.

She pleaded guilty, served two years probation and a no-contact order was issued. She said she wanted the medical records to help repair her relationship with her children.

Jenny Schultz, executive director of the Kids First Law Center in Cedar Rapids, said the court's decision will help children share their feelings with therapist without fear of disclosure.

Schultz said the decision is "an important milestone for the court."