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Need Help for friend...

Started by nosonew, Nov 22, 2003, 02:56:18 PM

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nosonew

Friend is having difficulties getting info from counselor for children.  Counselor gave dad info on boys, but not daughter, stating this statute:

27A-12-26.   Confidentiality of information acquired in course of providing mental health services. Information in the record of a person, and other information acquired in the course of providing mental health services to a person, shall be kept confidential and are not open to public inspection. The information may be disclosed outside the center, department, mental health program, or inpatient facility, whichever is the holder of the record, only if the holder of the records and the person, his parents if he is a minor or his guardian, consent or, in the absence of such consent, in the circumstances and under the conditions set forth in § §   27A-12-25 to 27A-12-32, inclusive, and in conformity with federal law.

Sorry, but since it states "parents if minor" doesn't that also mean dad, even if non-custodial parent?  They go to court Dec. 15 and don't want a big surprise on that day.  Any help out there, what can they do????:-(

jkateydid

Have your friend send the school a copy of the court order in which it states that he/she is the parent and that if they refuse to give them this information then they are in violation of his rights!!!! If your friend  has proof that he/she is the parent of these children,then they can not refuse him that right.your friend also has the right to report cards, news letters and to purchase school pictures as well as medical records according to your states laws.they your friend will of course have to send return addressed stamped envelopes for the school to do this but it can be done!!!!! I did it for my husband and they couldnt refuse it after I faxed them a copy of the court order.Good Luck JK:-)

nosonew

I wish it were as simple as a school, but I believe it is a psychologist that the bm is taking the kids to.  This "counselor" sent records for 2 of the children, but not the 3rd.  

Any suggestions regarding the statute they are stating?  To me it sounds like they are cutting their own throat as it doesn't state both parents must sign a release.  Any suggestions are appreciated...thanks

TGB

See [a href=http://www.deltabravo.net/custody/access.htm" target="new]access your child's school and medical records[/a].

You are a parent. Next time send a copy of the child's birth certificate or other court document showing that you are a parent along with your request. Quote that same statute back to him.

MixedBag

The counselors told us that MENTAL health records are not medical or dental and therefore they would not share them.  

I think I'd check out the person's true credentials and function because if they sent you two out of three records, something just isn't right.

Maybe a direct (recorded) phone call asking WHY only two out of three were sent?  Could it be a simple oversight?