1. (1) Testing at agency's request:

   1. (a) when Child and Family Services has custody and guardianship of a child who may have a communicable disease, the state has the authority to obtain a medical evaluation to determine the child's communicable disease status;
   2. (b) if a foster parent or provider has a reasonable belief that a foster child or the foster child's parent may have a communicable disease, the foster parent or provider shall promptly discuss it with the caseworker;
   3. (c) if the caseworker has a reasonable belief that the child may have a communicable disease, the caseworker is required to contact the Office promptly for consultation;
   4. (d) if Child and Family Services has custody and guardianship of a child, Child and Family Services has the authority to provide written, informed consent for communicable disease testing;
   5. (e) if a child under the custody and guardianship of Child and Family Services refuses to be tested, the caseworker is required to contact the Office, the local health department, and the Attorney General's office immediately upon hearing of the refusal;
   6. (f) when a parent of a child in the custody of Child and Family Services is known or reports to be involved in high risk behaviors, the caseworker shall contact the Office for consultation; and
   7. (g) contacts with the Office shall be documented in the child's case record and filed under the "Medical/Assessment" section of that record.

2. (2) Testing at minor's request:

   1. (a) a minor may seek HIV testing without parental or DHHS consent;

   2. (b) when the minor requests the test, the right to disclose test results belongs to the minor in accordance with Section 26B-7-214;

      1. (i) if the minor chooses to disclose the test results to DHHS, DHHS cannot disclose the test results to any other person, including the Guardian ad Litem;
      2. (ii) upon disclosure to DHHS of a positive test result, the caseworker shall contact the Office for consultation and follow up; and
   3. (c) when a record of HIV testing is subpoenaed, the caseworker shall immediately contact the Attorney General's office or the Child and Family Services program administrator or deputy director.

KEY: child welfare, foster care

Date of Last Change: August 15, 2023

Notice of Continuation: August 19, 2021

Authorizing, and Implemented or Interpreted Law: 26B-7-202; 26B-7-214; 26B-7-217; 63G-2; 80-2-301; 80-2-302