Can both parents have access to the child(ren)’s Health Care, Child Care and School Records?

Notwithstanding any other provisions of law, access to records and information pertaining to a child including, but no limited to, medical, dental, child care, and school records shall not be denied to a parent for the reason that such parent has not been allocated parental responsibilities.  A parent who is not allocated parenting time, however, is not entitled to access to the child’s school or health care records unless a court finds that it is in the child’s best interests to provide those records to the parent.

Health care professionals and health care providers shall grant access to health care records and information pertaining to a child to both parents, unless the health care professional or health care provider receives a court order or judgment that denies access to a specific individual.  An exception to this is if there is an Order of Protection for one of the parents against the other parent and the minor child is named as a protected party. Access to health care records is denied under 750 ILCS 6/602.11 for as long as an order of protection remains in effect as specified in the order of protection or as otherwise determined by court order.

So in summary: Ordinarily, both parents have full access to information concerning the children.  Ordinarily, both parents have full access to information concerning the children’s medical, dental, daycare, and school records, regardless of whether the parent has decisions-making rights.  However, a parent denied parenting time has no automatic right to this information.  A parent denied parenting time is only entitled to information if a court finds it is in the best interest of the child for that information to be released. Healthcare providers are specifically directed to release information in their possession to both parents unless a court order directs otherwise.  Also, in the event a child is a protected party under an order of protection, no parent named as a respondent is entitled to these records.  The full statute can be read at 750 ILCS 5/602.11

 

Leave a Reply