Need help writing a letter...

[gemini3]

I need help writing a letter to give to my child's tharapist demanding to see the notes on my child.  I have requested these verbally, and have so far been denied access.  I am going to present her with a letter, but I'm not sure how I should word it.  If anyone can make a suggestion, or has seen a letter and knows what it should say, I would really appreciate it.

[notnew]

There are form letters on here to get medical records. Also, you could ask to have an appointment with the therapist to discuss her notes and thoughts. We have paid for visits with the pediatrician just to be kept in the loop in the past. Sucks, but it works.

What does your order say? Do you have legal custody? or do you share legal?

In my case, the order originally did not say specifically that I could have access to records (although it didnt' say I couldnt' either). So, I had a hard time until the order was clarified.

[gemini3]

We share legal.  I have had several visits with her, and she's never given me anything.  I meet with her to try and stay in the loop, but she isn't the most cooperative person in the world.  

We are in the middle of the custody evaluation process.  I believe that the therapist has been treating my daughter based on false claims made by my ex.  The therapist claims that my daughter told her "it" happened, but I believe that she was told "it" happened by my ex before speaking to my daughter, and therefore may have elicited a false response from her based on the way she phrased her questioning.  

[notnew]

Then you've got trouble.

supboena the notes for trial is my only suggestion.

Someone else may have a better idea.

[mistoffolees]

>Then you've got trouble.
>
>supboena the notes for trial is my only suggestion.
>
>Someone else may have a better idea.

You could also send the formal documents via certified mail and copy the therapist's boss (if it's a group setting).

If you can afford it, a letter from an attorney explaining that you have a legal right to the records and the therapist is required to turn them over might get better results.

HOWEVER, if there are allegations of abuse, I don't believe the therapist is required to give you the information and you'll have to get it from the court. Depending on where they are in the custody evaluation process, they may have the evaluator's report before they can get a court order, though. Note that custody evaluators are pretty good (but not perfect) at seeing through false allegations. In my experience, therapists are not - they tend to accept everything they hear far too often.

[escape2paradise]

How old is the child?  If he/she is 12 yrs or older, then the child has to sign a release for you to receive the records.  These are the newer HIPAA regs.   If the child is being influenced by the X, then I bet the child hasn't signed a release for you.  Therefore you will have to try and subpoena the records.  

If you have a GAL then the GAL should have access to them, but won't share them with you.  However, in the GAL report there will probably be some reference to the records and what the GAL has ascertained from them.  Probably not all what you wanted to see, but might give you a clue.  Though by the time the report is out that could be to late for your needs.

[gemini3]

The child is well under the age of choice for HIPAA regs.  The GAL will have access to them, but like you said - it's too late.

I think there's some way that I can file a motion with the court to compel her to share the records with me, and if she doesn't want to she has to provide the court with her reasons for denying me access.  That would be enough to answer my questions, so I think that's the route I will try to take.  IF I can actually do that.  I'm still trying to find out.

I did meet with her, and asked again, and again I was denied.  So I provided her with the letter.  She was majorly pissed off, and told me that she was just looking out for the best interests of my child.  I told her that I was the father, and she needed to let me decide what was in MY daughters best interest.  

She also told me that my daughter was referred to her from another agency, and that the agency told her what the referral was for.  She said that she "assumed" the other agency had confirmed, and that the other agency would have been the mandatory reporter in this circumstance.  (Big time CYA going on.)  I'm going to see what I can get from that agency as far as the referral goes, and what it said in it.

[mistoffolees]

>The child is well under the age of choice for HIPAA regs.
>The GAL will have access to them, but like you said - it's too
>late.
>
>I think there's some way that I can file a motion with the
>court to compel her to share the records with me, and if she
>doesn't want to she has to provide the court with her reasons
>for denying me access.  That would be enough to answer my
>questions, so I think that's the route I will try to take.  IF
>I can actually do that.  I'm still trying to find out.
>
>I did meet with her, and asked again, and again I was denied.
>So I provided her with the letter.  She was majorly pissed
>off, and told me that she was just looking out for the best
>interests of my child.  I told her that I was the father, and
>she needed to let me decide what was in MY daughters best
>interest.  
>
>She also told me that my daughter was referred to her from
>another agency, and that the agency told her what the referral
>was for.  She said that she "assumed" the other agency had
>confirmed, and that the other agency would have been the
>mandatory reporter in this circumstance.  (Big time CYA going
>on.)  I'm going to see what I can get from that agency as far
>as the referral goes, and what it said in it.

You're probably going to have to go through with a subpoena for the records. I doubt very much that any agency will give you a copy of records since what I'm reading between the lines is some kind of abuse allegation. You'll need to move quickly.

Have you met with the GAL yet? Some are very good and some are terrible. My custody evaluator was very good and immediately spotted some of the made up accusations from my stbx (he didn't use the term 'pathological liar' in his report, but the thought was there).

When you do meet with the GAL, be completely open unless your attorney says otherwise. In my case, there was one minor incident from several years ago that my stbx tried to blow all out of proportion. During my time with the custody evaluator, I mentioned the incident and explained what really happened as well as the resolution. It became a non-issue. In fact, when she tried to bring it up, it actually hurt her since she was clearly trying to defame me.

Good luck.

[gemini3]

I have met with the GAL and she seemed to be on the ball.  I think she picked up on some of the BS, but it's hard to say at this point.  She has everything on hold until the kids get done with school.  I met with her once and discussed some of the issues, including the abuse allegation.  (I wanted her to hear it from me first.)  She kind of sighed a "here we go" sigh, and didn't really ask for details.  I think my ex met with her after that, but I'm not sure.  I did get a rash of hate mail about some things that I hadn't discussed with anyone else, so I can only assume that's why.

We still have a home study to go, and more meetings with the GAL.  So far she has told everyone involved a different story, but since none of them talked to each other no one has picked up on it.  I am hoping that the GAL will talk to everyone and see what's been going on.  

I wish I could do something about this person treating my daughter, but I can't at this point.  I have asked my ex to stop taking her and she refuses to stop.  I know she's going to have this therapist as a witness in her case, and I want to get as much information as possible to be prepared.

[notnew]

I would strongly suggest you get an attorney if you don't already have one if you want to challenge the therapist as an expert witness.

There are a lot of crooked therapists who will say whatever the person who is paying them wants them to say. I know. My child has been a victim of a for-hire therapist twice now - same guy both times. The guy is a creep.

The first time he didn't even testify, but got in the ear of the custody evaluator so the damage was done. Last time, he was in court and did quite a bit of damage. Despite my mounds of evidence proving beyond a shadow of a doubt my allegations against the BM, and a custody evaluation recommending the child be with me, the therapist, there in the room spouting his lies held more weight with the "judge" who sat on the case that day who seems to not be interested in reviewing the evidence submitted or reviewing the case file for the current issue at hand. Lazy person who really doesn't care about his job, he just likes feeling important. He referred to himself in the third person throughout the hearing. That is a mental issue in my opinion. - I mean the judge.

I had no reason to believe I wasn't getting custody that day. Had the CE report my favor, CPS report was pretty scathing even though neglect was not found due to legal loopholes, every judge in previous 4-5 hearings directed mother on her behavior and what was expected of the child (education wise), and told her directly that if it didn't change the child was going home with me. Nothing changed, except for the therapist. I did not expect this turn of events and lost my case. Child stayed with mother and all the things happening that caused me to come to court in the first place are still going on and in fact are even worse then before. I will not fight again. The court has failed this child, not me.

For-hire therapist can do a lot of damage. From your postings, I believe this could be what you are up against.

JMHO