Obtaining Copies of Psychologist Records

[jilly]

Ex has sole physical custody. DH and Ex have joint legal custody and CO states he has the right to school/medical records.

My DH has an appointment to meet with SDs school counselor and teacher on Wednesday, April 13th.  DH, Ex and teacher were given a Connor's test to help the school evaluate if SD has social/psychologial/ADHD problems.  DH got the results regarding the teachers answers right before Spring Break and she was "typical" in only one area.  In all other areas SD was found to have "significant problems".  Cognitive ability was found as "possible to significant problem".  We don't know what results were regarding answers Ex provided.

There were several questions that DH couldn't answer because they required him seeing SD on a daily basis (i.e. "Complains of stomache before going to school").  School counselor has asked DH if he would complete another test as the one he did previously can't be rated because it's incomplete.  Thus, the meeting with the counselor.

I know that under FERPA he can't see or get copies of the counselor's notes regarding SD.  Can she talk to him about her findings in general and/or give him more specific information/examples of things SD has said?

Also, SD is seeing a psychologist through a local hospital. This is due to the separation of her Mom and SF.  SD is having a very hard time dealing with this.  She told DH over Easter that she's tired of hearing her Mommy talk about how much she misses SF.  So obviously, SD is hearing things and seeing things she doesn't need to know about.  It is my understanding that SF is still carrying SD and Ex on his health insurance.  DH has never carried SD on his insurance.

Since SD is seeing a psychologist for reasons unrelated to DH and SF's insurance is covering the visits, can DH request copies of the psychologist's records and/or request an appointment with the psychologist to discuss SD?  I have felt all along that DH needed to be involved with this counseling as well.  However, I don't know if it's just SD going or if it's family counseling.  Would the same rule apply to these records as the school counselor's records?

DH and Ex talked for over an hour on the phone last nite. (Darn! Wish that conversation was recorded!)  She told DH that she was going to be taking SD to see a doctor at pediatrician's office that specializes in ADHD.  She made no mention of the Connor's test results or if she has talked to the school counselor about them.  He didn't tell her about his appointment next week.  Fortunately, our DD goes to the same pediatrician as SD.  Think I will be sending a request (with copy of CO included) to their office for copy of their file or at least request access to it. Should make for some interesting reading.

Thanks for any information/suggestions.

[wendl]

If they are medical records concerning SD YES dh can obtain them. He will more than likely need to provide them with a copy of the court order (highlight where it states he has the right to obtain medical records) Some Dr's will not give them to you right at the Dr's office and will probably charge you a small clerical fee (depending on the size of the file that is)

Hope this helps.

[MixedBag]

Alls I can add is what we experienced.

DH's OD was in counselling and Dad was the NCP.  The mental health doctor REFUSED to give him any copies and actually refused to talk to him.

The high school was more cooperative and we got a copy of the test results she took through them.  (which included the fact that she missed her father dearly -- this was during a 3-year period where Mom kept the kids from dad.)

THEN OD left mom and moved in with Dad at age 17.

Dad had primary residential custody.

OD went to counselor here -- and even though Dad had primary custody and all that, the counselor refused to go into detail about any of OD's issues and sessions -- even before she turned 18.  We could participate and call and talk to the counselor about our concerns....but she would not reveal details about their sessions.  MENTAL health seems to fall under different rules....

Good luck!

And best wishes to you and the whole situation.

[jilly]

Thanks Wendel.

I did talk to the pediatrician's office last week and they said that DH would have to come in and fill out a request form and bring a copy of the CO showing he is entitled to the information.

[jilly]

Thanks MB.  I kind figured he wouldn't be able to get copys of the psychologist's notes.  I'm just wondering if the psychologist would even talk to DH since he's not the one actually paying for the visits and it's not related to DH and his Ex.

I would definitely like DH to call the psychologist and express his concerns regarding SD and see if she would be interested in including him in the process.