How to enforce joint custodial rights with medical professionals

[MiRoCK]

Hi Soc,

I have a question for you.  My DH's children live in Texas with their BM.  We live outside of the state.  My DH shares JMC.  It has been difficult getting access to info, but the letters and advice posted have helped with the schools, but not with the medical professionals involved in their lives.

The details of our situation.  Oldest son (age 13) was diagnosed with severe depression and that he does think about hurting himself.  He is finally seeing a therapist.  Mom selected the psychologist for child, but ony after we asked the courts to order her to take action on the diagnosis.  My husband made contact with the psychologist, who immediately told him that it is her practice to focus on what the child tells her, not the parents.  For that reason, it is her practice not to take 'input' about the child's problem from the parents - only the child.  Futhermore, for confidentiality purposes, she does not discuss the child's concerns with the parent - rather, her feedback is more in the form of brief updates.  Grave concerns, of course, would be brought to parent's attention.  My husband told the doctor that he is a joint custodian, and that any information that is shared with mom, needs to be shared with dad and we gave the doctor our toll-free phone number so that she didn't have to incur any expenses to call us.

We thought to ourselves, GREAT!  Our son will have someone to talk to about his feelings.  

My husband tried contacting the DR a couple of weeks later, to ensure that copies of the depression diagnosis had been brought to her attention.  Dr. refused to talk to my husband, stating that his intent, according to child's mom, was that dad was only trying to use child as a 'ping-pong' ball. Furthermore, because we don't live in Texas, our input and importance in our son's life isn't relevant.  The doctor then terminated the phone call.

Our son has told us that he has talked to "Dr. D" about the fact that he is unhappy at his mom's house and wants to go live with his dad.  Dr. D's response is to shut down the conversation and tell him that he is living with his mom and that's all.  Furthermore, our son is telling us that Dr. D talks to his mom 'all the time'.   The child is falling into a deeper depression and our efforts to help are being viewed simply as 'interference' because of what mom has told the doctor.   Furthermore, the BM has stated that son's only problem is an 'attitude problem' (he's 13), so doctor is basically focusing her efforts on that, and not on creating a safe space for son to share his feelings.

Questions
1.  We are aware of the FPRA law that forces schools to comply with sharing information, but we can't seem to find anything that applies to doctors, and in particular, psychologists.  Can you point us to a tool that will help us?

2.  Is there any kind of legal steps we can take to force a change in medical professionals?

3.  What kind of liability will this doctor have in this case, if things deteriorate (God forbig) to a much worse state for our son?

Sorry for the length, but any input would be appreciated.

[socrateaser]

>1.  We are aware of the FPRA law that forces schools to comply
>with sharing information, but we can't seem to find anything
>that applies to doctors, and in particular, psychologists.
>Can you point us to a tool that will help us?

FERPA only applies to educational institutions that receive federal funding (directly or indirectily). There is no federal corollary law covering healthcare providers. There could be a TX law that applies, but, if so, I am unaware of its existence, and I don't have time to reserache the issue. A TX attorney would be the person to ask.

>
>2.  Is there any kind of legal steps we can take to force a
>change in medical professionals?

Therapist-patient records are generally privileged, however, as a joint custodian for the child, you have an independent right to know about the health condition of your child, absent a court order to the contrary (with the possibile exception, of a termination of pregancy issue).

If you get too tough, you could be perceived later by the court as acting against your child's best interests, regardless of your legal right to know. And, it seems from your facts, that you are already alienating the therapist by acting in a manner, that, from the therapist's view, interfers with the therapy (and, I'm not suggesting that this is true, only that the therapist apparently thinks that it is true, or you wouldn't be having any problems).

Personally, I'd just let the therapy proceed for a few months and see how the child responds. If you see that the child is withdrawing from you, then that would be something to bring to the therapist's attention. Then, if the therapist were to tell you, "tough luck," that's when I would get aggressive. If you can show that the therapist's actions are causing your child to become more alienated towards you, then you could argue that the therapist is acting as an agent of the other parent to frustrate your custodial rights, and that would be grounds to hold the THERAPIST in contempt of court.

And, I can practically guarantee, that the instant you send the therapist a letter stating, that if he/she doesn't produce all of the child's records and simultaneously cease further therapy, or face a contempt motion as agent of the other parent, that the therapist will immediately terminate any further therapy.

>
>3.  What kind of liability will this doctor have in this case,
>if things deteriorate (God forbig) to a much worse state for
>our son?

Malpractice (very hard to prove in the case of a therapist).