Counselor's records

[IceMountain]

I sent a requesst for records to my son's therapist, who I also have met with personally.  The request was sent through my attorney.  I followed up on the request with my attorney because it had been about 6-8 weeks since the request was sent, and she in turn called the therapist's office.  

Apparently the therapist is not willing to disclose session notes, but she is willing to send a 'summary' of their work.  They claim they have not worked on custody/visitation issues with my son 'lately', but they were working on these issues as early as November because that was when I met with his therapist.

Is this the norm with therapists?

Can the records be subpoenaed?  We go to court in 2 months and I want to have the records for trial.  I have an e-mail out to my attorney, and I'm waiting for a reply.

Any opinions would be appreciated!

[MixedBag]

ask soc about the subpoena....  I believe he's answered that before and you can search his page for that post.

From our experience, you're lucky to get a summary.

Therapist needs to testify.

[IceMountain]

I posted to Soc so I'll wait and see what he has to say.

I never realized that we would have trouble getting this info.  I assumed I had the same access to this info as to his medical and school records.  I need to do some research.

Thanks!

[MixedBag]

We "assumed" that as well....so, hope there's some comfort in knowing you're not the only one who feels like that.

For the most part, I think folks here who have given advice will stand by the thought that it's a medical record IF the person can prescribe medication.

Counselors come in all shapes and sizes (with all different kinds of qualifications), SO....that's where the fun begins.

Another thought process is that IF the counselling is covered by medical insurance....  

[determined]

The child's Guardian Ad Litem (GAL) can sometimes obtain access to investigate specific issues.  If he does so, he will not be able to pass the files on to you, but he can listen to your concerns and investigate them himself if such would be appropriate.  His findings would then be available to the court.

Obviously this is not a useful approach to discover a problem, but it does allow for guarded release when the problem is well known, but allowed to fester behing patient/counselor privilege.

[reneepals]

parents have a legal right to their childrens medical records be it mother or father.  A healthcare provider cannot determine what they want to send A summary no way. When sending for medical records for court it is better to have them court ordered underseal. Therefore no-one can claim they have been tampered with. Just a note if the mom had sessions with the child you had better have permisssion in writing from her or it will be considered a hippa violation. I know I personally went through this with my sons dad. But the judge ordered them to court.