Medical Records

[Lephos]

Hi there. My son was born with some certain medical conditions which affect his hands and feet. My son's doctor called CPS, because of "failure to thrive" and "missing several appointments." After talking to the doctor I learned that he wanted CPS used as a resource to assist us in getting appointments that were far away while I was working. He never intended there to be an investigation. CPS is now launching a major investigation, upping the amount of pressure they put on us, and threatening to take my son away. They recently requested medical records from my son's pediatrician without a court order, subpeona, or parent signature. I'm wondering can they do this legally? What laws cite such action. I've been looking, but I can't find anything. I live in Washington State. Thanks! Any help is appreciated.

[Dan Sullivan]

My son's doctor called CPS, because of "failure to thrive" and "missing several appointments." After talking to the doctor I learned that he wanted CPS used as a resource to assist us in getting appointments that were far away while I was working. He never intended there to be an investigation.

Can you get the doctor to put this in writing?

Then you could give it to the caseworker so they could see what the intention of the report was.

It should have a lot of weight because they know the report came from him.

Best, Dan from NY

[Dazeemay]

There is a way to protect your son from being taken by them while you get this sorted out.

http://forum.fightcps.com/viewtopic.php?t=1103

Even if the dr gets this straightened out for you, you should consider doing this for his protection and yours.

[thiasmommy]

Look up the hipaa laws for your state, and they should have gotten a signature of release for medical records.





God Bless
Dennise

[scarfyrre]

The hubby is a health care lawyer, so I asked him and this is what he said:

HIPAA is a national law unless a state law is more stringent that the national HIPAA law in protecting information. So, this means usually a signature from a parent is required by CPS to get medical records UNLESS there is a state law saying otherwise. Sometimes states give CPS more leeway for investigations.

My hubby said 1) he can try to contact someone in Seattle and ask and 2) he can do some research for this (I have to pay him, but luckily I have some pennies saved up). He's not promising any answers, and even if he can get them it won't be yesterday, but he's going to try.

I had to sign a HIPAA release in the state of Georgia, but they never used it.

As soon as I know, and unless someone beats me to it, I'll post here with the info.

[Lephos]

Thank you. I would appreciate your help and information immensely. This sickens me that CPS would harrass my family and me.

[Dazeemay]

Once you tell them you have guardians over your son they will quit harrassing you.

They are playing on your lack of knowledge about your rights.

Do a guardianship and watch them run. They would have to take you to court and they are not about to do that because they would have to get a warrant and it is a legal document.

Parents need to get brave in doing this. Believe me once we showed them our guardianship papers they never came back. Protect your children and yourself and get them out of your lives.

For the present moment they can't touch you. I am sure as they see how many parents catch onto this they will legislate something in the future to take that away from us too.

But, for now this is our "trump card" we have the means to win over them.

[Dan Sullivan]

The hubby is a health care lawyer, so I asked him and this is what he said:

HIPAA is a national law unless a state law is more stringent that the national HIPAA law in protecting information. So, this means usually a signature from a parent is required by CPS to get medical records UNLESS there is a state law saying otherwise. Sometimes states give CPS more leeway for investigations.

My hubby said 1) he can try to contact someone in Seattle and ask and 2) he can do some research for this (I have to pay him, but luckily I have some pennies saved up). He's not promising any answers, and even if he can get them it won't be yesterday, but he's going to try.

I had to sign a HIPAA release in the state of Georgia, but they never used it.

As soon as I know, and unless someone beats me to it, I'll post here with the info.

This is GREAT!!!

We now have an attny on call who gets paid in PENNIES!!!

[Frustrated]

You were supposed to have a Medical Release Form from CPS and signed so they can get Medical Records from your Peadictrician. They violated that Law. They went and illegally obtained your Child's Medical Records.

SO...you have a good case to sue CPS for illegally obtaining your Son's Medical Records without Medical Release Form. If you never signed anything from CPS, you know well enough they don't have any signature on that form, unless they can falseify forms up and they are known to falseify records and reports. They are capable to write up fake reports to prove their point or reason for that investigation.

You NEED to tell your Lawyer that you never signed a Medical Release form. Your Lawyer can bring this up with CPS and CPS will know they violated the Law, so they will be scared to know that you brought it up, they will stop and close the case is more likely. Tell them that they are into this for wrong doing.

They are friviolous and a con scamming Innocent Families of such thing and DO NOT sign their Service Plan, NEVER!

I would suggest you to get your own Specialist Doctor to take a look at your Son's feet and this way, the CPS knows you are doing something about it. Once you get your own Doctor, they usually will stop and close the case. If you do nothing, then they will have a case for Medical Neglect.

[Dan Sullivan]

Thank you. I would appreciate your help and information immensely. This sickens me that CPS would harrass my family and me.

You are not alone.

Welcome to the club.

Best, Dan