Access to health records

[bechac]

What is the name of your state (only U.S. law)? Arizona; I am currently in the process of trying to terminate the parental rights of the biological mother of my stepchildren so I may adopt them. She was released from prison earlier this year on drug charges and I would like to get a copy of her health records from the deparment of corrections and the hospital she was seen at during her incarceration. Is it possible to get these records? If so, what do I need (process, forms) to accomplish this?

 

[Silverplum]

What is the name of your state (only U.S. law)? Arizona; I am currently in the process of trying to terminate the parental rights of the biological mother of my stepchildren so I may adopt them. She was released from prison earlier this year on drug charges and I would like to get a copy of her health records from the deparment of corrections and the hospital she was seen at during her incarceration. Is it possible to get these records? If so, what do I need (process, forms) to accomplish this?

I can't imagine it being possible. That doesn't mean it is or isn't possible; it means I can see lots of reasons why you would not be allowed to have the records.

Is this an involuntary TPR? Do you have an attorney?

 

[Zigner]

What is the name of your state (only U.S. law)? Arizona; I am currently in the process of trying to terminate the parental rights of the biological mother of my stepchildren so I may adopt them. She was released from prison earlier this year on drug charges and I would like to get a copy of her health records from the deparment of corrections and the hospital she was seen at during her incarceration. Is it possible to get these records? If so, what do I need (process, forms) to accomplish this?

No, you cannot get access to her records for this purpose. And, furthermore, YOU cannot do anything to terminate her rights.

 

[bechac]

Yes, this is an involuntary TPR. I do not have an attorney. My husband and I took her to court prior to her incarceration for full custody, due to her drug use. During the hearing she denied she was on drugs and was order to take a drug test, which she passed because she was taking prescription drugs which she was not tested for and we lost the case. However, she was arrested a 3 times a few months later, all on drug charges, and had to detox while in prison. I would very much like to get these records for the hearing.

 

[Zigner]

YOU are not a party to the case for TPR.

 

[bechac]

No, you cannot get access to her records for this purpose. And, furthermore, YOU cannot do anything to terminate her rights.

Actually Zigner, there are a few reasons a parent can have their parental rights involutarily severed (i.e.-chronic drug use, abandonment, willfully refusing to financially support the children, neglect/abuse, long prison sentences which would otherwise deprive the children, etc.). I also know there is a way to subpeona her medical records as well. I'm just not sure which forms/process I need to follow.

 

[Zigner]

Actually Zigner, there are a few reasons a parent can have their parental rights involutarily severed (i.e.-chronic drug use, abandonment, willfully refusing to financially support the children, neglect/abuse, long prison sentences which would otherwise deprive the children, etc.). I also know there is a way to subpeona her medical records as well. I'm just not sure which forms/process I need to follow.

Yes, I know there are reasons that a parent can petition for the other parent's rights to be terminated.

You are not a parent. You are not a party to this action.

 

[bechac]

YOU are not a party to the case for TPR.

Zigner, anyone with an reasonable interest in the children may file a TRP to include the state, medical professionals, relatives, non-blood family members, step parents, etc. I am represting myself in this matter and have doing a lot of research in this matter as a result. It is obvious that you do not have any expertise to offer, so please stop replying to my post. Thank you

 

[Zigner]

Zigner, anyone with an reasonable interest in the children may file a TRP to include the state, medical professionals, relatives, non-blood family members, step parents, etc. I am represting myself in this matter and have doing a lot of research in this matter as a result. It is obvious that you do not have any expertise to offer, so please stop replying to my post. Thank you

You are NOT going to be able to terminate her rights so that you may steal them away.
If you think that you CAN, please cite the reason for your belief.

 

[bechac]

ARS 8-533 Arizona Revised Statutes

 

[Zigner]

ARS 8-533 Arizona Revised Statutes

Yes, that is the link. Now, what makes you think any of those apply to you?

 

[cbg]

Is it possible to get these records? If so, what do I need (process, forms) to accomplish this?

There are only two ways for you to get her health records. One is if she herself gives you written permission to access them. The other is if you have a court order.

You're out of your mind if you think any court is going to give you an order for her health records. There is about a one in a thousand chance that a court order MIGHT be granted to your husband. To you, not a chance in hades.

Google, HIPAA.

 

[Silverplum]

Yes, that is the link. Now, what makes you think any of those apply to you?

No kidding.

Poster, I sincerely think you have misread/misunderstood the AZ law as it applies to you. This is but one reason why it is always necessary to have an attorney for a TPR, and for an adoption.

 

[Zigner]

No kidding.

Poster, I sincerely think you have misread/misunderstood the AZ law as it applies to you. This is but one reason why it is always necessary to have an attorney for a TPR, and for an adoption.

Nah- OP's right - we're wrong.