Protect the Child and Family’s
Right to Privacy, Due Process and Against Self-Incrimination and
Require Informed Consent
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- Require that parental informed consent be obtained
before a child is questioned about private information
(e.g., medical, mental health and substance abuse),
including the Positive Achievement Change Tool (PACT).
- Develop a standard child assent and parent/guardian
informed consent form that complies with federal and state
laws and regulations, adequately informs the child and the
parent of the purpose of the assessment (e.g., PACT), the
possible uses of the information, the right to revoke
consent, the process for purging if consent is revoked, and
provides the ability to authorize release to some agencies
and not others.
- Give the child and his parent or guardian an
opportunity to discuss with an attorney whether they should
give consent to an assessment (e.g., PACT) interview and
dissemination/sharing of the assessment information.
- Prohibit release of PACT and private mental health,
educational, and substance abuse information without the
parent’s informed consent or court order.
- Limit release of private mental health, educational, and
substance abuse information to those who need to know, only
when they need to know for the specific purpose of
performing a statutory or constitutional duty.
- Restrict law enforcement access to a child’s private
information (e.g., medical, mental health and substance
abuse) and PACT because the purpose of obtaining such
information is for treatment, not prosecution.
- Prohibit prosecutor access to a child’s private
information (e.g., medical, mental health and substance
abuse) until after a child has been found to have committed
a delinquent act and solely for disposition purposes. For
example, if the child is ineligible for diversion,
prosecutors have no need for the PACT and other private
information.
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