aren't i legally entitled to a copy of my minor child's mental health file?

[therapistsuck]

my minor child went to a therapist for awhile and i want a copy of her mental health file. i asked the therapist and she says that she won't give me a copy, even with my MINOR child's written permission, and that the law sides with her. i also want to know if she is protected by the law in not telling me that my child was engaging in very dangerous activities such as sneaking away from a friend's? house and riding in cars with 15 year old drivers who smoked marijuana, and had oral sex with an 18 year old? wasn't the therapist obligated to ask about the ages of these other kids which then she would have had to report because laws were being broken? there was major neglet and incompetence in the way that the therapist handled my child!!! i should have been told immediately what was going on because i, the totally responsible parent had the power to put a stop to these life threatening activies immediately, which i did a year! later when i finally found out the truth. my child and i have a great relationship and she has thanked me many times for stepping in and taking control. she is in control now and sooo much happier. a year of turmoil could easily been avoided if I, the parent, had had such important information about my kid. the therapist says that by law she didn't tell me; is that really true? isn't oral sex against the law? indiana, marion county.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by therapistsuck:
my minor child went to a therapist for awhile and i want a copy of her mental health file. i asked the therapist and she says that she won't give me a copy, even with my MINOR child's written permission, and that the law sides with her. i also want to know if she is protected by the law in not telling me that my child was engaging in very dangerous activities such as sneaking away from a friend's? house and riding in cars with 15 year old drivers who smoked marijuana, and had oral sex with an 18 year old? wasn't the therapist obligated to ask about the ages of these other kids which then she would have had to report because laws were being broken? there was major neglet and incompetence in the way that the therapist handled my child!!! i should have been told immediately what was going on because i, the totally responsible parent had the power to put a stop to these life threatening activies immediately, which i did a year! later when i finally found out the truth. my child and i have a great relationship and she has thanked me many times for stepping in and taking control. she is in control now and sooo much happier. a year of turmoil could easily been avoided if I, the parent, had had such important information about my kid. the therapist says that by law she didn't tell me; is that really true? isn't oral sex against the law? indiana, marion county. <HR></BLOCKQUOTE>


My response:

Your daughter's therapist is absolutely correct, under both State and Federal medical privacy laws. Don't get upset with the therapist - - she has a duty to keep your daughter's records absolutely confidential, and a minor cannot legally give consent. And really, let's not get into the "oral sex" controversy. Any State that passes laws against that, or any other "bedroom" laws, are in the Stone Age. Do you abstain?

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[jiedi]

minors should never have legal confidentiality with anyone other than their parents or legal guardians who love them and bare ALL the responsibility for them and therefore need all the information about important things/health in order to help them. these laws are way off and need to be changed.
states that still have laws against oral sex are not in the stone ages and some people do abstain! what a liberal answer you were given and how pathetic that most people aren't better educated about stds. ORAL SEX SPREADS EVERY STD THAT CAN BE SPREAD THROUGH INTERCOURSE and those who end up with gentital herpes in the mouth had better abstain from oral sex or they will pass it on to whomever they come into sextual contact with. herpes is contagious even when there is not an outbreak. and anyone who thinks that condoms fully protect against stds is misinformed. latex has naturally occuring holes 10-700 times larger than the hiv virus and there are as many as 100 million such viral particles in one milliliter of infected seminal fluid. condoms also do not cover a large enough area to protect agaist herpes. gonorhea of the throat and syphilis of the mouth are not uncommon.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jiedi:
minors should never have legal confidentiality with anyone other than their parents or legal guardians who love them and bare ALL the responsibility for them and therefore need all the information about important things/health in order to help them. these laws are way off and need to be changed.
states that still have laws against oral sex are not in the stone ages and some people do abstain! what a liberal answer you were given and how pathetic that most people aren't better educated about stds. ORAL SEX SPREADS EVERY STD THAT CAN BE SPREAD THROUGH INTERCOURSE and those who end up with gentital herpes in the mouth had better abstain from oral sex or they will pass it on to whomever they come into sextual contact with. herpes is contagious even when there is not an outbreak. and anyone who thinks that condoms fully protect against stds is misinformed. latex has naturally occuring holes 10-700 times larger than the hiv virus and there are as many as 100 million such viral particles in one milliliter of infected seminal fluid. condoms also do not cover a large enough area to protect agaist herpes. gonorhea of the throat and syphilis of the mouth are not uncommon. <HR></BLOCKQUOTE>


My response:

Minors have Constitutional Rights to privacy just like the rest of us.

Gee, with "Stats" like that, you better not have ANY type of sex - we should all join a Nunnery. And, how would YOU enforce these "bedroom" sex laws? Got your binnoculars ready? How would you suggest we "legislate" the Human Condition? Have sex patrol? Outlaw, hunt down, and shoot them damn homosexuals? I'd like to know . . . maybe you could convince me.

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[jiedi]

no, i do not want to hunt down anyone and neither do i want to start a sex patrol. i have no hate for the gay community whatsoever. i would like legal adults to be better informed about stds in order to make better decisions. the human condition is greatly enhanced by abstinence until marriage and then a monogamous relationship; it's a matter of smart choices.

I DON'T WANT ADULT THERAPISTS TO EVER BE PROTECTED BY THE LAW WHEN IT COMES TO KEEPING LIFE THREATENING ACTIVITIES OF A MINOR FROM THEIR PARENTS. it is negligent! had my child been paralyzed,horribly burned, disfigured, or died in a car accident
or had my child caught hiv, hepatitis c, or herpes ----WHERE WOULD THE THERAPIST BE THEN? WHAT COULD A THERAPIST DO ABOUT IRREVERSIBLE CONSEQUENCES? what could anybody do?

THE PARENTS WOULD BE THERE FOR THE CHILD--EMOTIONALLY, FINACIALLY, PHYSICALLY EVERYDAY FOR THE REST OF THE CHILD'S LIFE. it is impossible to defend confidentiality between minors and therapists on the grounds that they need to establish trust in order to help the patient. trust and being able to talk to someone is of NO VALUE if at the same time one NEGLETS TO PROTECT A MINOR FROM PERMANENT HARM. let's get priorities straight. life vs. feelings and emotions? hmmm?

as far as minors having constitutional rights to privacy; when my kids bare all the responsibility THEN they will have all the rights.

you might find this hard to believe, but my kids respect me and LOVE me very much. they have no problem understanding this simple concept of parenting. when they look around, it is quite obvious to them that the kids whose parents observe the privacy rights? of their children have kids in big trouble. they even have told me that most teens conscientiously want more guidance and boundaries from their folks.

if oral sex were against the law, i could press charges against the therapist for not reporting a crime; that is THE ONLY THING THAT THEY HAVE TO DO, REPORT CRIMES.

you wouldn't believe the things that this therapist did and didn't do and she can call it "standard therapy" even though, through talking to other therapists, 9 out of 10 of them would never use the same approach. she even lied to me about herself.