Counselor's records

[IceMountain]

In December a request for my son's records was sent to his therapist's office.  He has seen therapists in the same office over the past few years.  

My lawyer contacted the therapist's office because we did not receive a reply.  (the request was sent through my lawyer and the copies were to be sent to her office)  They replied that they are not willing to disclose what they refer to as 'session notes'.  They will only disclose a summary of their work, which they say has not involved custody/visitation issues lately.  I met with his current therapist in October, 2005 to try to get a better understanding of my son's mental health.  At that time we discussed custody/visitation issues, along with school issues and some of his fears.

Background Info:
My son lives in Iowa.  My ex-wife and I have joint legal custody.
Our original decree was entered in Iowa in 2001. We go to court in March for a modification of the original decree where I am requesting more time with my son.  I currently have EOW and 6 weeks in the summer.  I am asking for shared school breaks, longer holiday breaks (they are currently 9 hour visits are we live 4 hours apart) and more time in the summer.  

My lawyer wants to know what type of records I want.  I want the session notes.

1.  What are my rights to the session notes?  

2.  If I can't obtain them through a medical records request, can they be subpoenaed?

3.  Is it 'normal' for a therapist to refuse to disclose the session notes?

Thanks Soc!

[socrateaser]

>My lawyer wants to know what type of records I want.  I want
>the session notes.
>
>1.  What are my rights to the session notes?  

This is a very narrow application of IA evidence rules and your lawyer is the expert in local law, because that's where he/she practices law.

In general, however, the court would balance your right to obtain relevant information about your child, with the state's interest in the child's health and welfare. On balance, the court would probably demand production of the records and then review them in chambers before making a determination as to whether they are sufficiently relevant. Or, the court might appoint a GAL to argue for the child's interests separate from yours and the other parent's, before rendering a decision.

All of the previous paragraph assumes that there is no absolute therapist-patient privilege for a minor child under IA evidence law, and I don't have time to look it up, so you'll have to ask your attorney.

>2.  If I can't obtain them through a medical records request,
>can they be subpoenaed?

Yes, but the same rules will ultimately apply, if the therapist resists the order on grounds that it violates his/her legal duty to keep the records confidential, then unles IA permits the court to overrule the therapist-patient priviege, then you can't get the records.

>3.  Is it 'normal' for a therapist to refuse to disclose the
>session notes?

It's normal for EVERYONE to refuse to disclose confidential communications, until forced to. Many jurisdictions have a therapist-patient privilege in their evidence code, and that potentially provides absolute immunity from disclosure. But, as I said above, there may be special rules applicable to minor children that will permit the court to order production.