HIPPA or Civil Rights Laws Violated

[woode]

What is the name of your state? Texas
I am a foster parent with four children. One of the children has for a year had a very deep rooted behavior problem. She has been dignosed with Bipolar, ADHD, molested, negeleted, Etc. I have seen alot of people and none have offered any solutions. Especially nothing from CPS. I have a video phone and took a 15 sec. video of the child. She was screaming and running around the room. I showed the video to her mother in hopes that the one person she loves in this world could help her. Now CPS is up in arms and there is a question of me losing my child care license. Have I violated her rights showing this to her Mother? And is there a chance of law suit from the parents?What is the name of your state?

 

[tigger22472]

What is the name of your state? Texas
I am a foster parent with four children. One of the children has for a year had a very deep rooted behavior problem. She has been dignosed with Bipolar, ADHD, molested, negeleted, Etc. I have seen alot of people and none have offered any solutions. Especially nothing from CPS. I have a video phone and took a 15 sec. video of the child. She was screaming and running around the room. I showed the video to her mother in hopes that the one person she loves in this world could help her. Now CPS is up in arms and there is a question of me losing my child care license. Have I violated her rights showing this to her Mother? And is there a chance of law suit from the parents?What is the name of your state?

Your post is confusing but the answer to the title is simple... there's no HIPPA or Civil Rights violation

 

[averad]

Other then the video did you release diagnosis or treatment information?

Texas Foster Care Handbook for Youth

Confidentiality
Confidentiality means that information about you and your situation is private.
Information in your case record at the Texas Department of Family and Protective
Services cannot be shared with others unless it is to meet your needs or is court
ordered. Some confidential information, like medical, education, and/or reasons
for your removal from your biological/birth home, may be shared with your care
provider and professionals with whom you are meeting. You can ask your caseworker
what information is shared. All professionals, including your care provider,
must keep the information that is given to them confidential.
Friends or otherpeople may ask why you are no longer living with your family. Remember,
it is your right to tell or not tell them about your situation. These questions may be difficult
to answer. It may help to talk with your caseworker, care provider, or other
adult you trust, so you can answer them in a way that lets you feel comfortable.

http://www.dfps.state.tx.us/Documents/Child_Protection/pdf/foster-care-handbook.pdf

Further research can be done at http://www.dfps.state.tx.us/

Telephone
State Office 512-438-4800
Report abuse or neglect 1-800-252-5400 (TX, OK, LA, AR, NM)
Texas Runaway Hotline 1-888-580-HELP (4357)
Texas Youth Hotline 1-800-210-2278
Texas Adoption Resource Exchange (TARE) 1-800-233-3405
Foster Care or Adoption 1-800-233-3405
Office of Consumer Affairs 1-800-720-7777

 

[woode]

State of Texas

No i did not offer any other information. Just asked for help with the child.

 

[mb94]

So, you have a foster child who was removed from the mother and you go to the mother for help? Not knowing the details of this case I can't comment other than to say if I were the case workers I would question the judgement of a foster parent who went to a mother, who must have done something to have the child removed from them, for assistance. Without more information about the case (including any court orders re: mother having contact/information about the child) it is impossible to say that you are 100% safe but in any case I understand why they would question your judgement in this matter.

If you still have this child in your home look into RAD and attachment disorders. Often these kids are the hardest to treat because there is no specific drug or therapy that can cure it. It is very common in abused/neglected children but is hard to diagnose because the kids often act charming to strangers but cruel to caregivers.

 

[averad]

State of Texas

No i did not offer any other information. Just asked for help with the child.

So you just walked up to the mother started playing the video and then said "help"?

 

[CdwJava]

I am a foster parent in CA. I can tell you that any communication with the parent outside that which is permitted in the court order is forbidden.

If you showed such a video to the mother without the sanction of CPS or the court, then you may well deserve to have the child taken away. There can be any number of reasons why they did not want the mother to have this information. You likely do not know all the details of the situation that caused the removal of the child from the home, so there may be issues that you are unaware of and making this info known to the mother may complicate matters.

If you think that CPS and the related services are not doing an adequate job, there are other avenues you can seek - there are other doctors and specialists out there. But to show mom a 15 second video of their child running wild will serve little purpose ... except, maybe, to raise mom's angst.

Remember, mom lost custody for a reason.

- Carl