help!!! hidden psych evalution!!!
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help!!! hidden psych evalution!!!
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
Re: help!!! hidden psych evalution!!!
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
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.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
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.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
Re: help!!! hidden psych evalution!!!
if there is a current case your lawyer has 100% access to that as part of discovery
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- Posts: 4
- Joined: Fri Apr 27, 2012 3:45 pm
Re: help!!! hidden psych evalution!!!
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
Re: help!!! hidden psych evalution!!!
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
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Re: help!!! hidden psych evalution!!!
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.
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.
Re: help!!! hidden psych evalution!!!
This is the CAPTA/HIPAA/Federal DHHS document on what they MUST or MAY provide.
http://www.napcwa.org/Youth/docs/Confid ... tyFAQs.pdf
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.
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.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
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.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
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