Sec. 805. Counseling records
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/bill/118/s/4393/is/section-805·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), information shared by an unaccompanied noncitizen child in counseling sessions, and written records and notes of counseling sessions, may not be shared with the child’s case management specialist or any other employee of the Office of Refugee Resettlement, the Department of Health and Human Services, the Department of Justice, or the Department of Homeland Security. The information, records, and notes described in subsection
(a)may be shared— with an employee described in that subsection only if the child presents a documented imminent threat to himself or herself or to any other individual; or with the Department of Justice or the Department of Homeland Security if the child has— consulted with his or her legal counsel; and provides informed consent for the disclosure. Juvenile information, including records of children separated from family, shall remain confidential regardless of the child's immigration status. Nothing in this Act may be construed as authorizing— the disclosure of juvenile information to Federal officials absent a court order of the judge of the juvenile court on filing a petition; the dissemination of juvenile information to, or by, Federal officials absent a court order of the judge of the juvenile court on filing a petition; the attachment of juvenile information to any other document given to, or provided by, Federal officials absent prior approval of the presiding judge of the juvenile court; or any disclosure that would otherwise violate this Act. In this section, the term juvenile information includes the juvenile case file and information related to a noncitizen child (including the name, date, and place of birth of the child, the child's health and education records, and the immigration status of the child) that is— obtained or created independent of, or in connection with, immigration, asylum, or juvenile court proceedings of which the child is a subject; and maintained by any Federal or State agency, including a court, probation office, child welfare agency, or law enforcement agency.