Regulation detail

Pa. Code 5310.151

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Pa. Code 5310.151 active

Client rights

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
MH_RESIDENTIAL (100%)
Plain-English summary

This section requires Community Residential Rehabilitation Services (CRRS) facilities to maintain written policies and procedures governing children's rights to inspect their own records, with specific conditions under which the Director may deny access. It also mandates that CRRS programs report all cases of suspected child abuse occurring in the child's home, group home, or host home in accordance with Pennsylvania's protective services chapter. These requirements supplement the general client rights provisions found elsewhere in Chapter 5310.

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Regulation text
55 Pa. Code § 5310.151 - Client rights 

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(a)
 The
 community residential rehabilitation service (CRRS) must have written policy
 and procedures to assure that the child's parent, the agency having custody of
 the child, or the child, if the child is 14 years of age or older, have the
 right to inspect the child's records provided that access can be denied to
 portions of the record under the following conditions. 
 
(1)
 The Director determines that: 
 
(i)
 Disclosure of specific information would
 be a substantial detriment to the child or to the involvement of the child's
 family in family therapy.

(ii)

 Disclosure of specific information would identify and breach any
 confidentiality of other persons.

(2)
 The denial of access must be recorded,
 with justification, in the child's record, dated and signed by the
 Director.

(3)
 This subsection
 supersedes §
 
5310.64
 (relating to client right
 to inspect client record).

(b)
 In addition to the requirements of §§
 
5310.61
-
5310.65
 (relating to client
 rights), CRRS must report all cases of alleged child abuse suspected in the
 child's home, the group home or the host home under Chapter 3490 (relating to
 protective services).

Notes

55

 Pa. Code §
 
5310.151

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