[Data protection. Barrier or helpful orientation for cooperation in early intervention?].
From birth until the age of 3 years, the health care system is the central help system and point of contact for parents with their children. Professionals in health care are given considerable trust. However, many of the essential services, especially for families with increased needs, can only be found in the child welfare system. The authors describe a plan for a lawful and functionally adequate transition between the two systems that eases access to additional help. Functional data protection secures a relationship of trust between the doctor and patient. It requires the promotion of a consensual transition. If the transmission of information is necessary, not without the knowledge but without the consent of the parents, the law permits the transfer of information under certain conditions. For doctors, midwifes, pediatric nurses, and other health professionals, this results in a legal examination program with respect to the supporting relationship to their patient. On the one hand, it contains an assessment of the child's endangerment and, on the other hand, an estimation of the sustainability of the assistance they entered into for the prevention of further harm or the solicitation of voluntary utilization of additional help. The article introduces the different new federal state laws on data transfer without consent in cases of potential child endangerment.
Schönecker
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Deutsches Institut für Jugendhilfe und Familienrecht (DIJuF) e.V., Postfach 102020, 69010, Heidelberg, Deutschland. schoenecker@dijuf.de
Meysen
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D002648:Child; D002649:Child Abuse / Q000331:legislation & jurisprudence* / Q000517:prevention & control*; D002669:Child Welfare / Q000331:legislation & jurisprudence*; D003219:Confidentiality / Q000331:legislation & jurisprudence*; D003695:Delivery of Health Care / Q000331:legislation & jurisprudence*; D018479:Early Intervention, Educational / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D008499:Medical Records / Q000331:legislation & jurisprudence*