IC 16-39-3
    Chapter 3. Release of Mental Health Records in Investigationsand Legal Proceedings

IC 16-39-3-1
Application of chapter
    Sec. 1. This chapter applies only to mental health records.
As added by P.L.2-1993, SEC.22.

IC 16-39-3-2
Repealed
    (Repealed by P.L.4-1997, SEC.14.)

IC 16-39-3-3
Petition for release of patient's records
    Sec. 3. A person:
        (1) seeking access to a patient's mental health record withoutthe patient's written consent in an investigation or prosecutionresulting from a report filed under IC 16-39-2-6(10); or
        (2) who has filed or is a party to a legal proceeding and whoseeks access to a patient's mental health record without thepatient's written consent;
may file a petition in a circuit or superior court requesting a releaseof the patient's mental health record.
As added by P.L.2-1993, SEC.22. Amended by P.L.108-1996, SEC.5.

IC 16-39-3-4
Notice of hearing
    Sec. 4. Except as provided in section 8 of this chapter, notice ofa hearing to be conducted under this chapter shall be served at leastfifteen (15) days in advance on the following:
        (1) The patient.
        (2) The guardian, guardian ad litem or court appointed specialadvocate appointed for a minor, parent, or custodian of a patientwho is incompetent.
        (3) The provider that maintains the record or the attorneygeneral if the provider is a state institution.
As added by P.L.2-1993, SEC.22.

IC 16-39-3-5
Right to counsel
    Sec. 5. If a patient has an attorney, the patient has the right to havean attorney present at a hearing conducted under this chapter. Thenotice served under section 4 of this chapter must state the patient'sright to have an attorney present if the patient has an attorney. If thepatient is under an inpatient commitment to a mental health facilityat the time a petition under section 3 of this chapter is filed and thepatient is unable to afford an attorney, the court shall appoint anattorney for the patient.
As added by P.L.2-1993, SEC.22.
IC 16-39-3-6
Confidential hearing record
    Sec. 6. A hearing under this chapter shall be conducted in amanner that preserves the confidentiality of the record of the hearing.
As added by P.L.2-1993, SEC.22.

IC 16-39-3-7
Release of records; necessary findings
    Sec. 7. At the conclusion of the hearing, the court may order therelease of the patient's mental health record if the court finds by apreponderance of the evidence that:
        (1) other reasonable methods of obtaining the information arenot available or would not be effective; and
        (2) the need for disclosure outweighs the potential harm to thepatient. In weighing the potential harm to the patient, the courtshall consider the impact of disclosure on the provider-patientprivilege and the patient's rehabilitative process.
As added by P.L.2-1993, SEC.22.

IC 16-39-3-8
Child in need of services; petition for emergency hearing onrequest for records of parent, guardian, or custodian
    Sec. 8. If an emergency exists in which a child is alleged to be achild in need of services under IC 31-34-1 and the department ofchild services seeks access to the mental health records of the parent,guardian, or custodian of the child as a part of a preliminary inquiryunder IC 31-34-7, the department of child services may file a verifiedpetition, which sets forth the facts the department of child servicesalleges constitute an emergency, seeking an emergency hearing underthis section. A request for access to a patient's mental health recordunder this section shall be heard by the juvenile court havingjurisdiction under IC 31-30 through IC 31-40. Notice of a hearing tobe conducted under this section shall be served not later thantwenty-four (24) hours before the hearing to all persons entitled toreceive notice under section 4 of this chapter. If actual notice cannotbe given, the department of child services shall file with the court anaffidavit stating that verbal notice or written notice left at the lastknown address of the respondent was attempted not less thantwenty-four (24) hours before the hearing. A hearing under thissection shall be held not later than forty-eight (48) hours after thepetition for an emergency hearing is filed. The juvenile court shallenter written findings concerning the release or denial of the releaseof the mental health records of the parent, guardian, or custodian.The juvenile court shall order the release of the mental health recordsif the court finds the following by a preponderance of the evidence:
        (1) Other reasonable methods of obtaining the informationsought are not available or would not be effective.
        (2) The need for disclosure in the best interests of the childoutweighs the potential harm to the patient caused by anecessary disclosure. In weighing the potential harm to the

patient, the juvenile court shall consider the impact ofdisclosure on the provider-patient relationship and the patient'srehabilitative process.
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1993, SEC.245;P.L.5-1993, SEC.258; P.L.1-1997, SEC.97; P.L.146-2008, SEC.448.

IC 16-39-3-9
Court order authorizing release of records; requisites
    Sec. 9. A court order authorizing release of a patient's mentalhealth record under this chapter must do the following:
        (1) Limit disclosure to those parts of the patient's record that areessential to fulfill the objective of the order.
        (2) Limit disclosure to those persons whose need forinformation is the basis of the order.
        (3) Include other measures necessary to limit disclosure for theprotection of the patient, the provider-patient privilege, and therehabilitative process.
As added by P.L.2-1993, SEC.22.

IC 16-39-3-10
Admission of record or related testimony in evidence;confidentiality
    Sec. 10. If a patient's mental health record or testimony related toa patient's mental health is offered or admitted into evidence in alegal proceeding, the court shall maintain the record or transcript ofthe testimony as a confidential court record. The record or transcriptmay not be used in any other proceeding or for any other purpose.
As added by P.L.2-1993, SEC.22.

IC 16-39-3-11
Proceedings under IC 31-6; exception
    Sec. 11. Except as provided in section 8 of this chapter:
        (1) this chapter;
        (2) the hearing process described in this chapter; and
        (3) the standards described in this chapter;
do not apply to proceedings under IC 31-30 through IC 31-40. Aproceeding for access to a patient's mental health records underIC 31-30 through IC 31-40 is subject to the Indiana Rules of TrialProcedure.
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.98.

IC 16-39-3-12
Copying fees
    Sec. 12. IC 16-39-9 governs the fees that may be charged formaking and providing copies of records under this chapter.
As added by P.L.102-1994, SEC.4.

IC 16-39-3-13
Application to other mental health records laws
    Sec. 13. This chapter does not prohibit the application to mental

health records of any law concerning health records that is notaddressed by this chapter.
As added by P.L.4-1997, SEC.10.