Release of hospital records

A place to discuss the many medical issues that may come up during the course of a CPS case.

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nikki760
Posts: 5
Joined: Sun Jun 25, 2006 3:04 am
Location: Southern California

Release of hospital records

Postby nikki760 » Sat Jul 01, 2006 11:29 pm

Do parents have the right to obtain a copy of their children's medical/ hospital records when CPS is involved??? I put in a written requset for release of my son's hospital records and the records department deinied my request. They told me that since I don't have custody of my baby they can not release or let me view any kind of information on him, unless I get him back. (Note: I did not tell them I don't have custody. So how would they know that I don't have my son?) How do I get his records released to me? Do I need a court order? If so, how do I get one?

rac
Posts: 110
Joined: Mon May 22, 2006 10:25 am

Postby rac » Sun Jul 02, 2006 12:15 pm

When we sent a request for our childrens records, they said as the parents of minors you have a right to receive a copy of the medical records if you complete a HIPPA and Oklahoma law compliant authorization.....So they basically said we have to fill out a form and they will release the records to us.
Rachel

Marina
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Postby Marina » Mon Jul 03, 2006 2:39 pm

CWLA Child Welfare League of America
A Family's Guide to the Child Welfare System


http://www.cwla.org/childwelfare/familyguide.htm

Section 9
Summary of Your Rights
and Responsibilities as a
Parent Involved with the
Child Welfare System

page 3
• be consulted and make decisions about things such as your child’s religion,
health care, and education
• be informed about the people and/or services involved with your child such as
the school, teacher, medical doctor, dentist, and CASA
• go with your child to a medical or dental appointment
• be notified of any medical emergencies your child may have

Marina
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Postby Marina » Mon Jul 03, 2006 3:18 pm

COURT OF APPEALS OF VIRGINIA

Present: Judges Benton, Frank and Clements

Argued at Richmond, Virginia

ROBERT B. GREEN, SR.

OPINION BY

v. Record No. 2787-00-2 JUDGE JAMES W. BENTON, JR.

JUNE 26, 2001

RICHMOND DEPARTMENT OF SOCIAL SERVICES



http://216.109.125.130/search/cache?p=% ... 1&.intl=us

The trial judge denied Robert B. Green, Sr., access to his daughter's medical, hospital, and other records pursuant to Code § 20-124.6. On appeal, Green argues that the trial judge erred in finding that the Richmond Department of Social Services established good cause to deny him access to his daughter's records. We affirm the judgment.
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Green has been incarcerated in prison
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first requested copies of his daughter's records in July 1999. Although a foster care worker sent Green a consent form, Green did not receive any records because of errors on the consent form. In December 1999, when Green again requested access to his daughter's records, the Department filed a motion in the Juvenile and Domestic Relations District Court opposing his request. A judge found good cause to deny Green access to his daughter's medical, hospital, and other health records, except to the extent authorized by his daughter's treating physician. Green appealed that decision to the circuit court.
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Green testified that he wanted to take an active role in facilitating his daughter's treatment.

The trial judge found that Green's access to his daughter's records would be harmful to her and was not in her best interests. He also found that Green's access to the records would interfere with his daughter's disclosures to her therapist and that Green's desire for access was "not to help [the daughter]." Upon these findings, the judge denied Green access to her medical, hospital, and other health records.

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Code § 20-124.6 provides that, "[n]otwithstanding any other provision of law, neither parent, regardless of whether such parent has custody, shall be denied access to the academic, medical, hospital or other health records of that parent's minor child unless otherwise ordered by the court for good cause shown."
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As the trial judge ruled, no evidence proved that Green has any specialized training or education in child development or counseling that would provide him with the ability to help his daughter by reviewing her medical records. In other words, nothing in the record showed that Green has greater insight than his daughter's therapist concerning what is in her best interest as she undergoes treatment. The testimony of the therapist and the report of the psychiatrist are unrebutted by any evidence explaining how Green's daughter, who needs psychological treatment, would benefit or progress in resolving her psychological issues if Green had access to her medical records.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Mon Jul 03, 2006 3:37 pm

CHILDREN IN FOSTER CARE:
HEALTH INFORMATION AND HOW TO GET IT


Robert Vinetz, M.D., F.A.A.P., Chair, Foster Care and Adoptions Committee, California Chapter 2, AAP


http://216.109.125.130/search/cache?p=m ... 1&.intl=us

Risk of Harm to Patient
a) Minor’s Record Information
If a health care provider determines that access to a minor’s medical record information by the minor’s representative would have a detrimental effect on the provider’s professional relationship with the minor patient or would be detrimental to the minor’s physical safety or psychological well being, the minor’s representative is not be entitled to inspect or obtain copies of the minor patient’s records. (Health & Safety Code §123115.)
b) Mental Health Record Information
When a physician determines that there is a “substantial risk of significant adverse or detrimental consequences”
to a patient in seeing or receiving a copy of his or her own mental health record information,
the physician can refuse the patient access. (Health & Safety Code §123115(b).)

page 14
Patient Access To Health Information—Sample Request Form

Marina
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Postby Marina » Mon Jul 03, 2006 3:48 pm

This special report by the 1991-1992 Grand Jury amplifies earlier reports on the foster parent process in San Diego County. The 1988-1989 "Children in Crisis" report of the Grand Jury spoke to the looming crisis in foster care.


http://216.109.125.130/search/cache?p=m ... 1&.intl=us

The Grand Jury has received reports that some foster parents improperly claim that a child needs special care in order to increase the amount of money coming into the home. The Department of Social Services considers behavioral or medical problems and "minor and/or temporary conditions" as potentially justifying the payment of extra funds to the foster family.

Caseworkers, investigators and attorneys believe that some foster parents routinely complain of behavioral problems, insist that those behavioral problems require mental health therapy and then seek additional funds for regular transportation to the therapist and special care needs. These claimed behavioral problems are subjective and are not capable of being confirmed by objective tests.

In fact, Department of Social Services policy authorizes the payment of special care rates for "children exhibiting behavior problems" for which documentation has not yet been provided.

The Grand Jury suggests that foster parent claims of behavioral problems in foster children not previously identified as having the problems should be carefully investigated.

Improper use of controlling medications.

Treatment for some behavioral and allied medical problems is through the use of medications which control the child's nervous system and mental processes. These medications range from mild depressants and hypnotics to strong psychotropic drugs. In the mental health, social service and foster care communities these nostrums are referred to by the apparently innocuous name "meds."

When obtained and used inappropriately, meds become a way of making a child quiet, withdrawn, and apparently trouble-free. Meds are often the physician's way of treating behavioral problems. However, if the physician receives incorrect information about a child's behavior, it is possible that medications could be prescribed for a child who does not need them. As will be noted in a later section on medical care of foster children, the lack of money for medical treatment, the financial pressures on medical providers and a generalized lack of medical records for foster children all contribute to make it possible for unscrupulous foster parents to obtain medication (and special care payments) for children who do not need to be medicated.

The Grand Jury recommends that the Department of Social Services set up a system to record and inspect the kind of care by foster family (including medical requests) so that abuses can be substantiated. Thereby, inappropriate foster families can be removed from the opportunity to further harm these unfortunate children. The Grand Jury further recommends that parents be kept fully informed of all medical treatment received by dependent children. The Grand Jury further recommends that parents be kept fully informed of all medical treatment received by dependent children.
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The foster parent asks for medical and educational records, but they are not available, yet. The caseworker leaves.
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This economic dilemma forces foster parents to fight to have their foster children seen at clinics. Once the foster parent is able to have the foster child seen by a physician, the assessment process is slowed by the lack of medical records. Some foster children new to the system do not have medical records because their natural family either did not obtain treatment, or the records were lost. Some foster children who have been in the system do not have medical records because those records did not transfer when the child changed from one foster home to another.
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Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Mon Jul 03, 2006 4:39 pm

HHS Your health information privacy rights
http://www.hhs.gov/ocr/hipaa/consumer_rights.pdf
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Medline Plus
Personal Medical Records
http://www.nlm.nih.gov/medlineplus/pers ... cords.html
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Medicare

How to Get Personal Information Over the Telephone

http://www.medicare.gov/benechart.asp


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