53.07.010 Records and Proceedings

(a) A record must be made of all court hearings conducted under this chapter and a copy must be provided to the Respondent upon request for purposes of appellate review of the proceedings.

(b) All Court records and proceedings under this title shall be confidential and privileged information. The captions and text of documents files with the Court pursuant to this chapter shall refer to the Respondent patient by abbreviations of his or her full name.

(c) All information and obtained and records prepared in the course of providing any services under this title to individuals under any provision of this title shall be confidential and privileged matter and shall remain confidential and privileged after the individual is discharged from the facility. Except as otherwise provided by Tribal or Federal law, information and records may be disclosed only:

(1) in communication between qualified professionals in the provision of services or appropriate referrals;

(2) when the recipient of services designates persons to whom information or records may be released, provided that if a recipient of services is a ward and his court-appointed guardian or conservator designates in writing persons to whim records or information may be disclosed, such delegation shall be valid in lieu of the designation by the recipient; except that nothing in this section shall be construed to compel a physician, psychiatrist, psychologist, social worker, nurse attorney, or other professional person, to reveal information which has been given to him or her in confidence by members of a patient's family;

(3) to the extent necessary to make claims on behalf of the recipient of aid, insurance, or medical assistance to which he may be entitled;

(4) to the courts as necessary to the administration of justice; and

(5) to persons authorized by an order of court, after notice and opportunity for hearing to the person to whom the record of information pertains and the custodian of the records of information pursuant to Title 2 of the Tribal Code, Judicial Procedure, Civil.