Current through 2024-51, December 18, 2024
Section 148-24-III - DISCLOSURE BY OR WITHOUT APPROVAL OF THE SUBJECT OF THE TESTA. The child who is the subject of an HIV test may disclose the results to whomever he chooses. However the child is to be informed to the degree possible of the potential consequences or impact of disclosure.B. A child capable of understanding has the right to know the names of the individuals to whom the Department has disclosed his HIV status and the basis for the disclosure. If a child objects to the Department's disclosure to a particular person., these objections are to be documented in the case record.C. The Department's custodial rights and responsibilities in loco parentis have precedence over the desire for confidentiality by a child who was the subject of an HIV test and who is in the legal custody of the Department. Therefore.. the desire by the child for HIV test results not to be disclosed to any one or more of the persons designated in Sections I and II of these rules does not prevent disclosure as set forth in these rules.10-148 C.M.R. ch. 24, § III