help!!! hidden psych evalution!!!

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organicmommy
Posts: 4
Joined: Fri Apr 27, 2012 3:45 pm

help!!! hidden psych evalution!!!

Postby organicmommy » Wed May 16, 2012 8:53 pm

i had a case plan that ordered me to do a psych. eval. to determine if i was a drug addict. the psych eval came back and the dr. determined that i did not have any drug dependencies. however she(the dr) diagnosed me as having mild ptsd symptoms because of an severe car accident that i was in back in 2008. so the agency in ventura ca(cfs) is now recommending that i get another psych eval to determine if i need to be put on meds for ptsd. they said the dr. that did my psych eval was recommending that i do another one. so i thought that was odd and asked for a copy of the eval. and they told me i can not have access to the report. when i asked my attorney(public pretender) if this was legal, all he said was "well thats what they are recommending" so he kinda danced around the issue. i asked him when we go in front of the judge if he could ask the judge to order a copy for me. he said he would and then never did. does anyone know if this is leagal? i feel like something is wrong here? any advice is appreciated

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: help!!! hidden psych evalution!!!

Postby Eljay » Thu May 17, 2012 7:37 am

They are lying. Completely lying. You are entitled to your entire CPS file, but you are also entitled to your medical records, which means you should go back to the doctor that did the psych eval and get a copy from them.

You can print out the law to read to them/take with you... start here: http://www.mbc.ca.gov/consumer/complain ... rds.html#1
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: help!!! hidden psych evalution!!!

Postby mamalion » Thu May 17, 2012 10:14 am

if there is a current case your lawyer has 100% access to that as part of discovery

organicmommy
Posts: 4
Joined: Fri Apr 27, 2012 3:45 pm

Re: help!!! hidden psych evalution!!!

Postby organicmommy » Fri May 18, 2012 9:49 am

i was told that because the evaluation was paid for by the courts that those records dont belong to me, they belong to the state of ca. i already asked the dr who conducted the evaluation for a copy of the psych eval. and she told me the same,that the report belongs to the judge. but she also told me that cfs doent even get a copy and somehow they have one. i dont know if this is true but my lawyer isnt even helping. and im not finding info about the specifics to my case anywhere

mamalion
Posts: 147
Joined: Tue Mar 15, 2011 8:43 am

Re: help!!! hidden psych evalution!!!

Postby mamalion » Fri May 18, 2012 11:43 am

they are right, in a way, but your LAWYER is privy to a copy and of course CPS gets one, that is who pays for it

noroses4u2c
Posts: 877
Joined: Wed Jan 26, 2011 11:57 am

Re: help!!! hidden psych evalution!!!

Postby noroses4u2c » Fri May 18, 2012 11:59 am

Medicine for PTSD is messed up anyway. PTSD is a psychological injury. It is not a mental illness. The best way to manage PTSD is by learning your triggers and avoiding them until you desensitize yourself to the triggers. You introduce the triggers to yourself slowly over time to desensitize yourself to them. I had been diagnosed with PTSD years ago and was never helped for it. I researched it and used nonmedical ways to deal with it. I was functioning with it just fine until CPS came along and stole my child while assassinating my character.

You should be allowed to get a copy of your psych evaluation. CPS plays dirty though and court appointed attorneys rarely ever fight for their clients.

I was not allowed to see my therapy notes even though I should have been able to by law. I am just exhausted from fighting by now and just want to get away from it all.
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: help!!! hidden psych evalution!!!

Postby Eljay » Fri May 18, 2012 2:04 pm

This is the CAPTA/HIPAA/Federal DHHS document on what they MUST or MAY provide.
http://www.napcwa.org/Youth/docs/Confid ... tyFAQs.pdf

4. What are the HIPAA confidentiality requirements?
Protected Health Information (PHI) must be disclosed:
a. To individuals who want to have access to or know about any disclosures of their own
PHI

b. To HHS during a compliance investigation or review or enforcement action


In other words, they are federally mandated to provide you with your information. Just because they pretend to (or really) not know the law doesn't make the law invalid. You are entitled to your medical records, especially a psychological evaluation.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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