24-1.9-102.3. Duties of individualized service and support teams

24-1.9-102.3. Duties of individualized service and support teams. (1) A local collaborative management program, as described in section 24-1.9-102, must create one or more individualized service and support teams. An individualized service and support team may refer a child to services and may establish a service and support plan for a child after meeting with the child, the child's family, and any other relevant party or community partners.

(2) The information form for children created in section 24-1.9-102.7, or any other form created by the local collaborative management program, may be used by multiple agencies to refer a child to a local collaborative management program in accordance with the local collaborative management program's memorandum of understanding. Such agencies include, but are not limited to:

(a) Law enforcement;

(b) A district attorney;

(c) A school;

(d) A family resource center;

(e) A child advocacy center; and

(f) A county department of human or social services.

(3) Only the following persons or agencies have access to records created by an individualized service and support team, including service and support plans:

(a) The county department of human or social services when investigating a report of a known or suspected incident of child abuse or neglect or providing services for a child or family who is the subject of the report;

(b) An agency with legal responsibility or authorization to care for, treat, or supervise a child who is the subject of the record;

(c) A parent, legal guardian or custodian, or other person responsible for the health or welfare of a child named in a record, or the assigned designee of any such person acting by and through a validly executed power of attorney;

(d) The child named in the record and the child's guardian ad litem or counsel for youth;

(e) (I) A service provider who is and continues to be officially and professionally involved in the care of the child who is the subject of the record, but only with regard to information that the service provider has a need to know in order to fulfill the service provider's professional, official, and ongoing role, including:

(A) Hospital personnel engaged in the admission, care, or treatment of the child;

(B) Mental health professionals;

(C) Physicians or surgeons, including physicians in training;

(D) Registered nurses or licensed practical nurses;

(E) Dentists;

(F) Psychologists licensed pursuant to part 3 of article 245 of title 12;

(G) Unlicensed psychotherapists;

(H) Professional counselors licensed pursuant to part 6 of article 245 of title 12;

(I) Marriage and family therapists licensed pursuant to part 5 of article 245 of title 12;

(J) Public or private school officials or employees;

(K) Social workers licensed pursuant to part 4 of article 245 of title 12 or individuals employed by an agency that is licensed or certified pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5;

(L) Victim's advocates, as defined in section 13-90-107 (1)(k)(II);

(M) Clergy members, as defined in section 19-3-304 (2)(aa)(III); or

(N) Educators providing services through the federal special supplemental nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786.

(II) Information disclosed to a service provider pursuant to this subsection (3)(e) is confidential and shall not be disclosed by the service provider to any other person, except as provided by law.

(4) Information disclosed pursuant to subsection (3) of this section must not include the contact information of a victim, or any identifying information of a victim, unless the victim consents to sharing information.

disclosed to a service provider pursuant to this subsection (3)(e) is confidential and shall not be disclosed by the service provider to any other person, except as provided by law.

(4) Information disclosed pursuant to subsection (3) of this section must not include the contact information of a victim, or any identifying information of a victim, unless the victim consents to sharing information.

(5) Notwithstanding any other provision of law to the contrary, a child's records, statements, or history with the local collaborative management program are not, without the child's consent, admissible as evidence in any adjudicatory or criminal hearing in which the child is accused and are not subject to subpoena in any adjudicatory or criminal hearing in which the juvenile is accused. This subsection (5) does not supercede any obligations and duties of any mandatory reporter pursuant to section 19-3-304.