HIPAA requests for psychiatric treatment records in Arizona

[robertx]

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.

I appreciate that you took the time to reply. I'm not actually asking if I should hire an attorney, or how I could pay for said attorney. What I am asking here is if someone knows if she is acting inappropriately. Given that the agreement only specifies visitation and not other forms of communication, it seems to me that she is stretching the terms of that agreement. And if that is the case, how do challenge that?

 

[CJane]

Phone calls / Skype / etc DO constitute unsupervised visits, and if the order is for supervised visitation, Mom is absolutely correct for denying phone calls at this time.

As for the rest, a diagnosis of PTSD and/or anxiety disorder does not make someone inherently dangerous.

 

[robertx]

Phone calls / Skype / etc DO constitute unsupervised visits, and if the order is for supervised visitation, Mom is absolutely correct for denying phone calls at this time.

As for the rest, a diagnosis of PTSD and/or anxiety disorder does not make someone inherently dangerous.

Thanks for the reply.
I'm not surprised, but I am disappointed to hear that.

As for the diagnoses; there is absolutely nothing in my entire life and/or medical history that suggests a risk of violence or danger to self or others. But that isn't stopping them from trying to make it look otherwise.

 

[CJane]

Thanks for the reply.
I'm not surprised, but I am disappointed to hear that.

As for the diagnoses; there is absolutely nothing in my entire life and/or medical history that suggests a risk of violence or danger to self or others. But that isn't stopping them from trying to make it look otherwise.

Honestly, even if you can't afford an attorney, you absolutely need to come up with the $$ for the supervised visits.

 

[commentator]

That is precisely what I am saying. You can't afford this and you can't afford that. You can't AFFORD the money to get to have visitation at the very expensive supervised program? Hello? This is to spend time with your child. Time that you will never get to have again.

You believe you'll be able to just slip through this without legal assistance except what you can get on the internet. That's speaking very poorly about your perhaps unrealistic evaluation of your own capabilities, your mental stability, what you prioritize in your life. And don't be surprised if when you get there, you'll be judged by the courts pretty much this way. I watched a family member in a similar situation spend years battling this sort of situation. He was "crazy" and he was "a person obsessed with guns" and she was afraid to have the children alone with him because yada yada.....It was resolved after literally years of conflict and lost time in the children's lives only after his new love interest insisted he bite the bullet and get himself a good attorney and get the mess settled. I understand that you are only asking very specific questions, which you believe will help you in your performance in court. But take a clue from the way people are responding to you here, and figure out that perhaps you should look at things from another perspective.

 

[robertx]

That is precisely what I am saying. You can't afford this and you can't afford that. You can't AFFORD the money to get to have visitation at the very expensive supervised program? You believe you'll be able to just slip through this without legal assistance except what you get on the internet. That's speaking very poorly about your perhaps unrealistic evaluation of your own capabilities, your mental stability, what you prioritize in your life, and when you get there, you'll be judged by the courts pretty much this way. I watched a family member in a similar situation spend years battling this sort of situation. He was "crazy" and he was "a person obsessed with guns" and she was afraid to have the children alone with him because yada yada.....It was resolved after literally years of conflict and lost time in the children's lives only after his new love interest insisted he bite the bullet and get himself a good attorney and get the mess settled. I understand that you are only asking very specific questions, which you believe will help you in your performance in court. But take a clue from the way people are responding to you here, and figure out that perhaps you should look at things from another perspective.

I got a succinct answer to my very specific question, so that's a helpful start. I wasn't asking for advice about anything other than that.

 

[Shadowbunny]

Robertx, are you by chance a veteran?

 

[robertx]

Robertx, are you by chance a veteran?

Yes, I am...

 

[Shadowbunny]

Yes, I am...

First, thank you for your service and your sacrifices.

And I asked, because there are some resources available to you as a veteran. Check out the AZ State Bar's Military Legal Assistance Committee's website for some resources (http://www.azbar.org/sectionsandcommittees/committees/militarylegalassistance)

The DAV also offers free legal clinics for veterans. You can check here for info: http://www.azdav.org/legal-clinic

Best of luck to you.

 

[robertx]

Thank you, Shadowbunny. I appreciate the helpful response.

 

[Cosmina]

Sorry to interrupt, but I must say

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

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

..I enjoyed that. Thanks & Carry on.

 

[NotSoConfusdOne]

OP, this doesn't get at the records angle. However this gets down to tactics that WILL help you legally if you are still reading this. For the record I don't give one whit that you own guns. However, it is an issue. I hate that it is, it paints both gun owners and people who have mental health issues with bad stereotypical brushes.

But you will be going to court. The issue as you note is that mom is using this to leverage against you. The worry is that both the diagnoses and the guns together will cause you problems.

The solution is simple. Unless you know your psych files paint you as unstable, the way to short-circuit mom's worries is to store your guns in a secure location, pay someone who does it (gun shop?). When mom makes it an issue, produce the slip. Mom has nothing to argue against anymore. Her worries are supposedly resolved. You're out your guns for 10 mos to a year. Low price to pay to see you child.

Good luck.

 

[CJane]

OP, this doesn't get at the records angle. However this gets down to tactics that WILL help you legally if you are still reading this. For the record I don't give one whit that you own guns. However, it is an issue. I hate that it is, it paints both gun owners and people who have mental health issues with bad stereotypical brushes.

But you will be going to court. The issue as you note is that mom is using this to leverage against you. The worry is that both the diagnoses and the guns together will cause you problems.

The solution is simple. Unless you know your psych files paint you as unstable, the way to short-circuit mom's worries is to store your guns in a secure location, pay someone who does it (gun shop?). When mom makes it an issue, produce the slip. Mom has nothing to argue against anymore. Her worries are supposedly resolved. You're out your guns for 10 mos to a year. Low price to pay to see you child.

Good luck.

Mom's attorney apparently already successfully argued/articulated some form of danger, because Dad's visits are now supervised at a center at his expense. That doesn't happen on a whim.

 

[NotSoConfusdOne]

And getting out of it will take specific actions. This happens to be the easiest one to take. Sometimes taking the low hanging fruit is the easiest way. And this is cheap and can help prove his place is safe(r).

I knew it was supervised at this point. And he needs to take drastic action if he wants to prove to the court he is serious about this.

 

[CJane]

And getting out of it will take specific actions. This happens to be the easiest one to take. Sometimes taking the low hanging fruit is the easiest way. And this is cheap and can help prove his place is safe(r).

I knew it was supervised at this point. And he needs to take drastic action if he wants to prove to the court he is serious about this.

What I'm saying is that Dad hasn't said what the findings were that resulted in supervised visits. It may be COMPLETELY UNRELATED to the guns, or the diagnosis, or anything else he's mentioned.

And regardless, he's NOT going to get the supervision lifted or change the course of things by getting rid of his guns if he's refusing to/claiming he can't afford to see his child under the court's specific restrictions.