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4.7 Records of Minors and Incapacitated Persons. The following applies to private <br /> (not confidential) data about minors (persons under the age of 18) and about those persons <br /> who are incapacitated as defined by Minnesota Statutes Section 524.5-102, subd. 6. <br /> 4.7A Parent/Guardian Access. In addition to minors and incapacitated persons <br /> as defined above who may have access to private data, a parent may have access to <br /> private information about a minor or an incapacitated person. For the purposes of <br /> these procedures, "parent"shall include guardians and individuals acting as parents <br /> or guardians in the absence of parents or guardians. A parent is presumed to have <br /> this right unless the minor has requested that the Responsible Authority withhold <br /> the data and withholding the data would be in the best interest of the minor, or it <br /> has been given evidence that there is a state law, court order, or other legally <br /> binding document, which prohibits this right. <br /> 4.7B Notice to Minors and Incapacitated Persons. Before requesting private <br /> data from minors and incapacitated persons, City personnel must notify the minors <br /> and incapacitated persons that they may request that the information not be given <br /> to their parent(s) or guardian(s). (Exhibit 5) <br /> 4.7C Denial of Parent or Guardian Access. The Responsible Authority may <br /> deny parent or guardian access to private data when the individual requests this <br /> denial and the Responsible Authority determines that withholding the data would <br /> be in the best interest of the individual. The request from the individual must be in <br /> writing, stating the reasons for the request. In determining the best interest of the <br /> individual, the Responsible Authority will consider: <br /> 4.7C1 Whether the individual is of sufficient age and maturity to explain <br /> the reasons and understand the consequences; <br /> 4.7C2 Whether denying access may protect the individual from physical or <br /> emotional harm; <br /> 4.7C3 Whether there are reasonable grounds to support the individual's <br /> reasons; and <br /> 4.7C4 Whether the data concerns medical, dental, or other health services <br /> provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the <br /> data may be released only if failure to inform the parent or guardian would <br /> seriously jeopardize the health of the individual. <br /> The Responsible Authority may also deny parental/guardian access without a <br /> request from the juvenile or incapacitated person under any state or federal statute <br /> that allows or requires denial of parental or guardian access and that provides <br /> standards for denying parental or guardian access <br /> 6 <br />