Access to daughter's treatment records

[aubreyz]

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

As I've posted before, several months ago my ex-husband gained temporary custody of our daughter, and we are now in the process of modification to joint custody.

My daughter was fairly traumatized by dad restricting visits with me (which he got in trouble for) and he signed her up to go to counseling.

Dad said that he hired the therapist to deal with how she is feeling at HIS house, and that I have no right to know the context under which he presented her problems to the therapist and that her therapy is none of my business since he has full custody. The sessions are with my daughter alone, not dad and daughter.

My daughter (unprompted) has told me that she talks to "Miss Jan" about how mean dad is when she asks to call mom, and that Miss Jan asked her if I have ever hurt her.

I would like access to my daughters records with this therapist before I complete my parenting evaluation, so that I can either quote it or be prepared to defend myself if there is something dad might quote in HIS parenting evaluation.

I think I have just as much right as Dad to see the records, and the counselor appears to be emotionally distraught over my request.

What should I do? What are my rights?What is the name of your state (only U.S. law)?

 

[swtwilma]

You should look at this case:

Neel v. Luther Child Center

It seems to be similar to your situation and took place in WA.

The jist is that medical records are not the same as therapy records and can be denied to any party if it is not in the best interest of the client. This is especially true in custody cases. The reason that you would be denied is for your own gain in winning a custody case and not for the medical care and treatment of your child. I'm sure your lawyer would have more info on this if you asked.

 

[swtwilma]

On another note. How do you know that dad sees the records?

The reason the Therapist is acting this way is because no therapist wants to show what they have written since it can be misconstrued in so many different ways. She has a right to deny anyone, including the actual client, her records if it is not in the best interest of the client.

"RCW 70.02.090 does permit the therapist to “deny access to health care information” under certain circumstances, none of which include a determination by the therapist that it would not “be in the best interests of the client” to obtain that information. In fact, there are only five
acceptable reasons for denial. These are:
1. Knowledge of the health care information would be injurious to the client’s health;
2. Knowledge would reasonably be expected to lead the client to identify a person who
provided information in confidence to the therapist under conditions in which confidentiality was
appropriate;
3. Knowledge could reasonably be expected to cause danger to the life or safety of a
person;
4. The information was compiled and is used only for litigation, quality assurance, peer
review or administrative purposes or;
5. Access to the information is otherwise prohibited by law.

The rest of this article can be found on this link http://www.shaublaw.com/pdfs/sft_Med_Records.pdf

Happy reading.

 

[aubreyz]

I looked at the case, and while I see your point, I don't think it fits exactly. While abuse was a question brought up, I'm sure it was part of standard procedure. Abuse is not an allegation that my ex and I have against eachother.

If NO treatment records are disclosed, then I would be be OK with this decision. I happen to know, though, that my ex has viewed the records and has been asked by the counselor why he hasn't let my daughter call me, if there is no other reason than parental dispute, because the denial of communication (for which he is in contempt) was making my daughter so obviously sad.

My daughter seems fairly confused as to why she is in counseling in the first place. Dad has stated that he thought it could help her get over her attachment to mom.

These claims don't all come from her, but also from my ex's brother, who was concerned enough to call me about his brothers statements.

 

[aubreyz]

In addition, I would be fine with not viewing the records if the counselor would agree to meet with me to address any concerns I might be able to help resolve, or to recommend points for mediation between my ex and I, as she is doing with dad on a regular basis. (according to him)

 

[swtwilma]

Exactly "according to him". She may just be sharing things that she feels would help him and your child. Many times they will state little things here and there without actually "showing" the records in hopes of them doing the right things like letting your child speak with you.

There is nothing wrong with him taking your child to a therapist, infact good for him. There is no need for you to worry if you are being the best mom you can be.

 

[aubreyz]

Perhaps I'm not being clear, but my ex said that he has access to the actual records, and will be using them in his parenting evaluation. In the event that he does, I have the right to be prepared.

I have nothing against her being in therapy; in fact, I have a therapist myself. I followed additional links based on the case info you gave me, and found several cases in which it was considered unethical for a parent (deemed competent) to be excluded from access to the child's therapist.

Thanks for your opinion, but we'll have to agree to disagree. I'll hold out for a few other responses.

 

[MichaCA]

I would re call the therapist up, and request a meeting with her. Yes, a child therapist does have guidelines they follow in which they have the discrecionary (sp?!) power to decide what to disclose that the child has shared...unless what the child is sharing could be of danger, etc., etc. My daughters ex therapist would share some things with us...well, I never knew what she shared with her father.

But just be direct, ask for the appt, and then calmly, at the appt, ask what guidelines the therapist is following in this case...when she answers, ask her if she follows those same guidelines with the father. Let her know as the mother, you simply want to be privy to what information is available to be shared.

When a state, before court, has a court ordered mediation session, the mediator always wants to know if there is a therapist involved and will request your and dads' consent to talk with the therapist. All you can do then is trust the therapist will speak accurately about what she has observed with your child. I hope that helps a little.

You can also request that in future therapy, that information always be as disclosed and discussed with you regarding your child, as with the father. My understanding is if dad got sole legal custody, I believe that still gives you the right to all medical information, just not the power to make big choices re medical. However, this seems to be a problem with the therapist not understanding that both parents, unless a court order states otherwise, should be privy to all appropriate medical information (I am lumping therapy in here), and should not have a bias towards sharing with one parent over the other.

It is a problem when dad does this all on his own, on his own time...of course he will develop more of a connection with the therapist. Normally, the therapist would want to see the child coming in on each parents visitation time fairly equally. This case is different, not sure exactly how you could address that in court as given the distance with you and dad, both parents cannot easily participate to any degree in the childs therapy. But a long distance communication could be set up, according to whatever guidelines the therapist has...again, so that sharing is had with both parents and there is no bias set up, intended or un intended.