Today's hearing

Discussion in 'General Parenting' started by klmno, Jan 23, 2008.

  1. klmno

    klmno Active Member

    I had to go to court today for a hearing to get the order for MST services removed. I had letters/evaluation from psychiatrists (2) saying exactly what therapy difficult child needed and MST therapist testified that he didn't think this was appropriate therapy for our situation right now and GAL even seconded the motion.

    Problem- MST therapist then testified that he thought we needed family therapy because I had been resistant to signing full release forms from other docs of difficult child's and he thought this was sending wrong message to difficult child. Then, PO and GAL said they had seen that resistance from me, too. Ok, I did refuse to sign full release forms to MST guy because he was trying to take over treatment plan and change it from what was recommended by the 2 psychiatrists I had evaluate difficult child. But, I never refused any info to GAL or PO.

    Furthermore, I do have an issue with PO because 1) when I said difficult child needed a case manager, she said no he didn;t, she was the case manager. Then she started asking difficult child detailed questions about where he was mentally/emotionally and it was getting into things that we haven't even dealt with in therapy yet. So, I don't think she should be given all his mental health records. On top of that, I have spent a VERY long time trying to get difficult child to feel like going to therapist is a safe place to discuss his personal issues without having to worry about everyone else confronting him with it all. How else can he get to a point of dealing with underlying issues?

    Anyway, judge ordered in my favor with one exception- she ORDERED me to sign release forms to GAL and PO. I didn't even think this was legal. What about the HIPPA laws? I don't mind so much about the GAL and I wouldn't mind about the judge having release forms- they are professional and knowledgable enough not to confront difficult child about these things. But the PO wants to confront and ask about them all. I called the PO's supervisor to see if I could get a change in PO and he just started the explanantion of what they do so I said never mind.

    If she just wanted a release to confirm dates of service, type and effectiveness, I wouldn't have a problem. But I can't let her have all medication records then try to discuss these issues with difficult child- I will have to tell him not to expect confidentiality with the docs- then how effective will it be?

    I have a call into GAL now. I plan to tell her that we can work it out one way or another, and I hope I don't end up in contempt of court, but I am not going to lie to difficult child and tell him to spill his guts to a therapist because it's confidential if it is not confidential.

    I'm so frustrated- one part of me wishes they would just lock me up and give me a break!! The attny told me if I did go in to contempt of court, I faced a fine or jail, or having difficult child taken away. GEEZ! For this? Where are their brains? Aren't they supposed to be a little interested in his best interest and in what can provide the most help? They aren't paying for this- I am.

  2. Calista

    Calista New Member

    How frustrating for you and sad for difficult child to have so many untrustworthy, uncaring adults around him. I too am wondering about the HIPPA laws. Can a judge just make them null and void whenever he wants? What's the point of having them? Why aren't they accepting the feed back from the 2 psychiatrists. Do the judge and his cronies have medical degrees that allow them to second guess 2 doctors? I can feel your anger and frustration. I wish I had advise for you but all I can offer is a shoulder.
  3. susiestar

    susiestar Roll With It

    I am sorry. I know this is hard. Here, when you start therapy of ANY kind you have to sign a confidentiality agreement. It says that if you are going to hurt yourself or others, or if a court orders release of records, then records will be released.

    I do know that the therapist we saw for a long time would "summarize" the kids records, so any drawings of mood or whatever were conveyed, but the details were not. I totally trusted her, and she proved she was totally worthy of that trust, but otherwise, it would not have worked. When a court summons came for info, then she would give the summary and it usually was OK. Maybe your therapist can do this? I am not sure I am totally clear, but I tried.

    Anyway, you cannot change what the court will do. Do you have an Attorney for YOU? It sounds like it might be wise to protect your rights as a parent.


  4. Star*

    Star* call 911

    KLMNO -

    Gosh you sure have had a tough day - come on in- grab a cuppa coffee.

    Listen - I would use a free consultation with an attorney who deals especially with HIPAA (Health Insurance Portability and Accountability Act of 1996)

    I have had to keep information from "arm chair psychiatrists" who jumped right in to "So your file says your father molested you." Yeah that's a GRAND opening line with a teenager. FRICKING DUH. Slap - here's your sign MORON

    First i would write to the PO and ask him IN writing for his vitae. If there is not a listing for Ph.d in child psychology - I would copy that with a letter to the judge explaining your reluctance, and address your concerns - keep it short and to the point. Send everything to both parties REGISTERED, RETURN RECEIPT.

    As far as being in contempt - Did the judge give you a DATE to be compliant by? If not - then use this time to do what I've said above - and keep your chin up.

    The pen is mighty - and the PO is an idiot who could ruin years of therapy.

    I have brownies at my house that I'm not going to eat if that would help!
  5. DammitJanet

    DammitJanet Well-Known Member

    One thing I think I may have noteworthy info on is that therapy notes are not normally transferred anywhere. I even requested my therapy notes be sent along with my case file to the Social Security Administration for my disability hearing and they wouldnt accept them. They are considered too confidential. The therapist can submit a summary of her opinion on your progress and health but not the day to day notes. I even confirmed this with several psychiatrists.