Do birth parents have access to medical information for their child in foster care?

Most birth parents have access to their child's medical information while the child is in foster care. However, the medical practitioner should contact the child welfare agency to clarify whether an individual parent may have access. The laws and regulations vary from state to state, and child welfare agencies have developed individual policies interpreting those laws and regulations.

• For the birth parent whose child is in voluntary placement, medical information can be made available.

There are exceptions to sharing information with birth parents:

• A major exception is for information related to HIV. In the case of a minor with capacity to consent, this information may be shared with a birth parent only with written consent of the child.

• For the minor with capacity to consent, information related to family planning, sexually transmitted diseases, and substance abuse may not be shared with anyone without consent of the minor. This includes birth parents, social workers, and foster parents.

• For the child in involuntary placement, health practitioners should consult the child welfare agency regarding the sharing of medical information.

• Once the child has been legally freed for adoption, the health practitioner is not permitted to share any information with the birth family.

• Privileged mental health information (that is, information shared between a therapist and a client) cannot be released to anyone except by a judicial court order specifically requesting that information. Practitioners should seek guidance from administrative, legal, or health care management personnel in the foster care agency before releasing mental health information.

Source: Fostering Health - Health Care for Children in Foster Care, American Academy of Pediatrics, Task Force on Health Care for Children in Foster Care