Denial of Medical Records

[Jason Zajicek]

Please forgive me if this question has already been addressed. I did a search but not find the answer I was looking for.

My Daughter whom CPS has taken from me is seeing a therapist, the Judge in our case appears to be heavily relying on her opinions as to what to in this case.

When I have gone to this therapist office and signed releases of information and requested copies of my daughters medical records I have been denied these records, the therapist says that the Guardian Ad Lidem has told her not to release my daughters records to me. And through my court appt attorney the GAL sent the message that I would be arrested if I attempted to gain the records again. ( ON what grounds I would be arrested is still a mystery.) So I signed a realese in the therapist office and in my own therapist office who by the way has a Ph.D in order for to obtain the records. She too was told that she could not have my daughters records. My Court appt. joke refuses to request the records saying they will be available when we go to court.

I have 2 major problems with this, one is since I only see my daughter during supervised visitation and I am not allowed to even ask her how she is doing, anything about her life where she is or even how school is going, I cannot parent my child for the few hours we get to see each other a month. The other problem is that I have had absolutely no problem in getting medical and school records from anyone else.
I thought the Parental Rights Amendment guaranteed me access to any and all medical and school records of my daughters as long as I have Parental rights.

If any of you have actual experience with this issue or can point me to exact laws governing this issue I would greatly appreciate your help.

Also I am wondering if this is something that might apply to the FBI investigation that is going on.

[Momoffor]

If I remember right Dazeemay had dealings with the state of TN and would have the most knowledge, but I havent seen her on here in a very long time.

Have you tried to contact your state ombudsman?

http://www.state.tn.us/tccy/ombuds.html

[Jason Zajicek]

No I have not tried that, I did though discover that only a Judge can prevent me from having those records and then only if there is a chance that it will put my daughter in physical jeopardy.
I haven't went the ombudsman route because from what little I have read about them, they would not be of any help. I believe there are several post on this site with people saying how the ombudsman did not help them. Plus what would I say to them? This is an ongoing case against DCS and no one wants to go against them, hell half the lawyers I talk to say no they cannot help me when they find out I'm going up against DCS.

[Gary Shaw]

Haven't heard from Dazeemay in several months. She has health issues to deal with, heart attack. You guys please pray for her.

[Marina]

.

Is your daughter in foster care or relative care? Who has legal custody of her?

If Child Welfare has legal custody of her, here is something to consider:

When a young man we know turned 18 and was released from foster care, we needed to get his healthcare transferred, as the social worker did not give him or us the needed information. When his mother called Medicaid they asked for his last address. We knew his current address after he was discharged from foster care but Medicaid didn't have that.

It turned out that Medicaid didn't use the group- home as his last address but used a P.O. Box of the Child Welfare office. Somehow we found that out and were able to find out more information from Medicaid.

One social worker who was trying to help us told the young man to go directly to the Post Office and change his address himself as he was of age - 18 - and had the authority to do so.

If parents have their own health insurance then child welfare is supposed to use that for the child instead of Medicaid. If they did not use the private health care then that is Medicaid fraud and is reportable.

.

[Michael]

In Texas unless your rights have been terminated by court action then you have access to all medical records. CPS only has TMC of your child.

But this is in Texas.

TMC = Temporary Manageiing Conservatorship

[Jason Zajicek]

Well I went down to the DCS office in Knoxville today just for kicks and asked for my case file. Of course I was told I do not have a right to them, so I mentioned that according the First Amendment I do. I was then told that NO I was not CPS records are protected from the 1st.

Left there and went to the therapist office, got another copy of the release of information from and I am going to send it in along with the copy of Tenn Amendment code stating only a Judge can prevent me from having my daughters records. I don't expect much to come from that of course.

And here's another kicker-my court appointed attorney says that although he does not believe it a good idea he has subpoenaed my case file from DCS, when I asked when he did this he quickly went into telling me how the (Man) at CPS was very busy and had not gotten back to him. I reminded him that under law they have no more than 30 days to produce that file. My attorney had to go to a meeting (immediately) and no further response on the subject!

No bear in mind I have only been asking for these paper for 6mo's now.

SO let me ask another question: If my lawyer did indeed subpoena those records would a copy of that subpoena be in the case file at Juvy court?
YES I have just sent a letter requesting copies of all documents held bt CPS and copies of Subpoena's and request for information delivered
by my attorney.

[Gary Shaw]

Well I went down to the DCS office in Knoxville today just for kicks and asked for my case file. Of course I was told I do not have a right to them, so I mentioned that according the First Amendment I do. I was then told that NO I was not CPS records are protected from the 1st.

Only in their narrow minds. The Constitution of the U. S. is the very foundation of our form of government and no one or no agency is exempted. Not for any reason, not for any cause. This is just one more incorrect interpretation for the benefit of the interpretor.

Left there and went to the therapist office, got another copy of the release of information from and I am going to send it in along with the copy of Tenn Amendment code stating only a Judge can prevent me from having my daughters records. I don't expect much to come from that of course.

If you file the request with CPS they will take the same stand. In our case we finally convinced our hired attorney to Motion the Court for our grandchildren's file. The Judge granted the motion without debate because it was our Son's right. It took about two weeks for CPS/DFCS to comply and only after we called our attorney everyday, and he called the SAAG everyday. When we got them they had most of the confidential identity info blacked out. In this as everything they do they were careless and lazy so we were able to determine everything it said and we used it to win. However you choose to file it, I would carbon copy everyone I ccould think of; the governor, the child advocate, CPS's attorney, CPS Supervisor, the Director of Tenn. CPS, etc. If they realize you are going to stir the pot for as long and as hard as it takes they will want to shut you up. The only way they can do that is to follow the law.

And here's another kicker-my court appointed attorney says that although he does not believe it a good idea he has subpoenaed my case file from DCS, when I asked when he did this he quickly went into telling me how the (Man) at CPS was very busy and had not gotten back to him. I reminded him that under law they have no more than 30 days to produce that file. My attorney had to go to a meeting (immediately) and no further response on the subject!

Again, your attorney can not issue a Supeona, he can only ask the Judge to do so. Unfortunately, You must be the one to stay on your attorney to do the work, you must learn the laws and policies and give him/her the information. They won't because they are lazy and greedy. Because they are lazy and greedy and incompetent works to your advantage. Aggrevate him to the point he will do what you ask to simply shut you up.

No bear in mind I have only been asking for these paper for 6mo's now.

SO let me ask another question: If my lawyer did indeed subpoena those records would a copy of that subpoena be in the case file at Juvy court?

Not unless it was granted by the Judge.

YES I have just sent a letter requesting copies of all documents held bt CPS and copies of Subpoena's and request for information delivered
by my attorney.

Good luck to you. Knowledge is power.