HIPAA requests for psychiatric treatment records in Arizona

[robertx]

There's more. Before the attorney was hired, the mom and I agree on, and hand-wrote an agreement that stated something to the effect that if I were to engage in shooting activities with our son, I must first notify and invite her. I really don't think this is about guns, but supposedly guns make an impact with judges, so that's their angle.

I'm going to speculate a little about what I think is part of the problem. We divorced three years ago. Since that time she has hinted that she wanted to get back together. Last year when I moved back in town, she made her desire to get back together crystal clear. I have never regretted the divorce and I didn't' want to get back together. I made that clear in the most delicate and tactful way I could, because after all, we were still friends. Ever since that time, she's been picking one fight after the next, and blaming me for everything that has gone wrong in her life. She's angry and she's totally living in the past by holding on to old grievances. But I digress.

Putting the guns aside, I'm still interested in knowing if and how I can file an order to quash regarding the mom's attorney's request that I sign a hipaa release for my VA treatment file. I've been told that if didn't sign the hipaa release (which I didn't do), that the judge may order a subpoena for the treatment file. My limited understanding about an order to quash is that it asks the judge to prevent the mom's attorney from pursuing this further. And that is what I want to do.

 

[tranquility]

http://www.azleg.gov/ars/12/02294-01.htm

 

[Proserpina]

I'm only quoting you to follow up and point out....
a
Mom is nitpicking, if Mom was truly antigun and had a real concern then there would be no time limit on the guns. 1 Year...pfft compromising to 10 months...double pffft. Mom is fishing and some members are playing right into it.

Did no one else truly notice that?

I saw the signs , and they opened up my eyes.

I just think OP needs an attorney.. like now.

 

[Rushia]

I saw the signs , and they opened up my eyes.

I just think OP needs an attorney.. like now.

I agree. So that he can get stuff squashed (I know it's wrong, I just wanted to say it ) and to prove Mom is looking for an excuse to keep his child away from him by using a "hot" topic.

 

[quincy]

... Putting the guns aside, I'm still interested in knowing if and how I can file an order to quash regarding the mom's attorney's request that I sign a hipaa release for my VA treatment file. I've been told that if didn't sign the hipaa release (which I didn't do), that the judge may order a subpoena for the treatment file. My limited understanding about an order to quash is that it asks the judge to prevent the mom's attorney from pursuing this further. And that is what I want to do.

Here are links to Arizona's Local Rules of Civil Procedure and the Federal Rules of Civil Procedure. Where Arizona does not have a local rule, you will need to refer to the federal rule.

Arizona:http://www.azd.uscourts.gov/sites/default/files/local-rules/LRCiv 2013_0.pdf

Federal:http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf

If you did not sign the HIPAA release, the other party can file a Motion to Compel (page 56 of the pdf file, I think). If a subpoena is issued, you can file a Motion to Quash. I think Arizona's Pleadings and Motions start on page 27 of the pdf file, but you will also want to look at page 21 et seq about the sealing of records, if your motion to quash is denied.

I suggest you find a legal aid clinic near you to assist you with all of this.

 

[robertx]

Thank you, Quincy. You've been most helpful.

 

[quincy]

You're welcome, robertx. Thank you for the thanks.

 

[LdiJ]

I'm only quoting you to follow up and point out....

Mom is nitpicking, if Mom was truly antigun and had a real concern then there would be no time limit on the guns. 1 Year...pfft compromising to 10 months...double pffft. Mom is fishing and some members are playing right into it.

Did no one else truly notice that?

I did...but due to dad's admitted PTSD and anxiety I don't think that its necessarily as easy for dad as it might be in other cases...I do have some concerns for dad.

 

[Rushia]

I did...but due to dad's admitted PTSD and anxiety I don't think that its necessarily as easy for dad as it might be in other cases...I do have some concerns for dad.

Then you would have noticed that Mom has no true concern over the matter. She/her lawyer are attempting to use it to deny him visitation. He needs an attorney to protect him from this obvious attempt to use this nonsense against him. Pathetic and disgusting attempt, I might add.

 

[Just Blue]

Bump to the top

 

[robertx]

What is the name of your state (only U.S. law)? Arizona

I am now being prevented from talking to our son over the phone.
At this point, we have a temporary agreement that is signed by the court which stipulates that I will have twice a week supervised visitation through an agreed upon third party until petitioner and respondent are able to go to mediation.

The third party is a social services outfit that does this service (and others) for the court. I'm kind of poor so I cannot afford the $50/hour rate. I'm waiting to get the court to approve payment from a special fund.

Yesterday, I called my son, as I do every weekend. The mother wouldn't let me speak to him, claiming that would constitute unsupervised visitation, since she ‘wouldn’t know what we were talking about’. She also claims that her attorney advised her to do this, which seems odd.

I don’t have money for an attorney, but I’d like to know what I can do about this. We have mediation scheduled for mid September (which will be our fourth session) , but I don’t think the mother is going to put much effort into it. Does this constitute violating the terms of the temporary agreement?

 

[Just Blue]

Thanks....

Post ALL your questions regarding custody on this thread. Get rid of the other. Thanks!

 

[robertx]

Ok; done...

 

[Just Blue]

Ok; done...

Thank You Robertx, It is much easier to follow if all your posts are on the same thread.

 

[commentator]

OP, you say you're "kind of poor" and you say you cannot afford an attorney. My strong suggestion to you is that you sell just some of the guns, reloading supplies, ammunition etc., that I suspect you have in your possession and use the money to get yourself a competent attorney.

What we can afford and can't afford is sometimes pretty subjective, but if your son is really important to you, you are in essence, guilty of taking a plastic knife to a gunfight, you know? You may "really really need" your armaments, all of them(!) in your own mind anyway, but even so, it's silly to say "I can't afford an attorney" when something this big and important and life changing in regard to your child is involved. Especially when you are sitting on some really expensive equipment that you do not need as you do not use it constantly or consistently.