Possible Confidentiality broken?

[hartterc]

What is the name of your state (California, Redding)?

Not sure if this is the right place to put this.

Just finished doing Mediation with a Ex-Girlfriend for her visitation with our daughter. That went well. My Ex was court ordered to have a psychiatric evaluation and commit to some parenting classes for six months. All went well until two days later when I went to drop off our daughter and she hands me the report that was taken by a Social worker who did the investigation for Child Abuse/Neglect and a few other problems. The Full report where names of My family members, Her family members and people who are Not related to the Mother or Myself. Now this has caused some issues between the Mother and I once again. Mainly her because she now knows what people had to say about her. The other parties were told that their names would be confidential and will Not show up on the report. Well guess what, They did. This is the second time my confidentiality has been broken by Shasta County Court System. The first was with the Mediation department.

Does anyone feel that I might be right or am I wasting my time? Ive been trying to find a lawyer who can possibly answer this question for me with Zero luck.

Can anyone stear me in some direction as what I can do.

Chris.

 

[Ohiogal]

What is the name of your state (California, Redding)?

Not sure if this is the right place to put this.

Just finished doing Mediation with a Ex-Girlfriend for her visitation with our daughter. That went well. My Ex was court ordered to have a psychiatric evaluation and commit to some parenting classes for six months. All went well until two days later when I went to drop off our daughter and she hands me the report that was taken by a Social worker who did the investigation for Child Abuse/Neglect and a few other problems. The Full report where names of My family members, Her family members and people who are Not related to the Mother or Myself. Now this has caused some issues between the Mother and I once again. Mainly her because she now knows what people had to say about her. The other parties were told that their names would be confidential and will Not show up on the report. Well guess what, They did. This is the second time my confidentiality has been broken by Shasta County Court System. The first was with the Mediation department.

Does anyone feel that I might be right or am I wasting my time? Ive been trying to find a lawyer who can possibly answer this question for me with Zero luck.

Can anyone stear me in some direction as what I can do.

Chris.

So how did she get the report? Quite frankly, you most likely do NOT have a cause of action.

 

[CdwJava]

Court records are generally public record. While CPS records are confidential, if they are entered into the court record, then they are public unless a judge orders them sealed.

If the report was somehow released by CPS, then you might want to contact Shasta County CPS and ask that they look into it.

 

[hartterc]

It was Shasta county health and human services that gave her the report. They work for Child Protective Services. They are part of them. There is also a police report that they refuse to give me which is odd, but they will hand out this info no problem. What if this person decides to shoot me over what's been said in this report? Then who is responsible now? I just don't get why they would risk giving out that info, not saying she would ever do that but it's enough to make you think twice.

 

[ecmst12]

Why did you initiate a child abuse investigation?

 

[CdwJava]

It was Shasta county health and human services that gave her the report. They work for Child Protective Services. They are part of them. There is also a police report that they refuse to give me which is odd, but they will hand out this info no problem.

That's probably because the HHS is not the party that can lawfully turn over the police report. You'd have to check with the police, and odds are they won't hand it over.

What if this person decides to shoot me over what's been said in this report?

What if Martians land on your house? You can make "what if ..." questions all day, they don't give any legal grounds for action.

Then who is responsible now? I just don't get why they would risk giving out that info, not saying she would ever do that but it's enough to make you think twice.

The people who made statements to CPS and were told their statements would be confidential can complain to CPS and see if there is a cause for action based upon a promise of confidentiality.

However, in all honesty, you do not know how she got the report. Unless you were there when HHS handed it to her, you do not know.

If the report was released in violation of the law (generally found in PC 11167 et seq.) then action might be able to be taken against the party or agency that authorized the release. But, you will need more than this.

http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=11001-12000&file=11164-11174.3

 

[hartterc]

Actually I do know who gave the report to my Ex. The report came with a cover letter and the name of the Director. and also at the top of each page is the person who logged into the system and printed out the report She forgot to remove her Name and ID number..OOPS! I called the main number and spoke to the director about this problem and she basically told me to come down there with my attorney and they can discuss whether or not any violation has been broken...OK...Sounds like someone might be in the wrong to me?

She also informed me I can get the same report. I told her I am making copies of my ex's report. She told me that's against the law and that she cannot show that to anyone under code 827-10851....OK?
but you can name people that are supposed to be covered by the confidential act.

I guess it's a one way street with the court system.

 

[tranquility]

I'd remove the names from your post. Such things can backfire quite quickly and set you up for litigation where you are the defendant.

 

[hartterc]

I'd remove the names from your post. Such things can backfire quite quickly and set you up for litigation where you are the defendant.

Names have been removed. Thanks.

 

[CdwJava]

Sounds like someone might be in the wrong to me?

Maybe ... maybe not. It depends on a few facts we cannot know. And if information was released, there may be little or no action that can be taken as it might be a policy issue and not a legal one.

If someone released a report in violation of law or policy, chances are they will conduct an investigation and the person releasing the information could be terminated ... or, if the issue is training and education, they might conduct greater training.

She also informed me I can get the same report. I told her I am making copies of my ex's report. She told me that's against the law and that she cannot show that to anyone under code 827-10851....OK?

What the heck is code "827-10851" ... I can't find that one ANYWHERE and 10851 is a Vehicle Code section for auto theft, and 827 is part of several different codes.

And who is the "she" you refer to? The director of CPS or HHS? If so, then she should know as she likely has info on the specific report or information released. And, I would presume, she is in a position to take action against the employee who released the info as I mentioned above.

Of course, a COURT can order the release of this information and if that happened, then there would apparently be no malfeasance.

 

[hartterc]

Maybe ... maybe not. It depends on a few facts we cannot know. And if information was released, there may be little or no action that can be taken as it might be a policy issue and not a legal one.

If someone released a report in violation of law or policy, chances are they will conduct an investigation and the person releasing the information could be terminated ... or, if the issue is training and education, they might conduct greater training.


What the heck is code "827-10851" ... I can't find that one ANYWHERE and 10851 is a Vehicle Code section for auto theft, and 827 is part of several different codes.

And who is the "she" you refer to? The director of CPS or HHS? If so, then she should know as she likely has info on the specific report or information released. And, I would presume, she is in a position to take action against the employee who released the info as I mentioned above.

Of course, a COURT can order the release of this information and if that happened, then there would apparently be no malfeasance.

She is the director of HHS..and No the court didn't grant her the report..The director did, She told me. The codes are what were on the cover letter I wrote down. So your guess is as good as mine. I will have a copy of the report tomorrow.