DHHS, Division for Children Youth and Families (DCYF) supports a number of initiatives for the prevention of child abuse and neglect.  These initiatives provide support for families and strive towards goals of reducing risks to children, improving parenting skills, and strengthening social support networks for families.

The privacy regulations promulgated under HIPPA make it clear that HIPPA does not preempt state law or procedure relating to the reporting, investigation or intervention in child abuse and neglect cases.  HIPPA expressly authorizes a covered entity to disclose protected health information when the disclosure is made to an appropriate government authority authorized by law  to receive reports of child abuse or neglect and/or when law requires the disclosure. 

Under HIPPA a covered entity is also authorized to disclose protected health information to anyone who is acting in loco parentis, or who has legal custody or guardianship of a child.  In those circumstances a covered entity is required to treat the individual as the personal representative of the child and to provide them with access to protected health information upon request. The Court's protective supervision order transfers the physical custody of the child from the parent(s) to DCYF and requires that DCYF assume the responsibility to provide for the child's food, clothing, shelter, education, emotional security and medical care.  As such, whenever the court transfers protective supervision of a child to DCYF pending an adjudicatory or dispositional hearing, DCYF acts in loco parentis and is entitled under HIPPA to be treated as the child's personal representative.

Similarly, whenever the Court transfers legal custody of a child to DCYF at the dispositional hearing under or when DCYF obtains guardianship of a child, DCYF is expressly entitled under HIPPA to be treated as the child's personal representative and to be provided with access to protected health information upon request.