Can 14 deny parent acess to menatl health records?

[WWSD]

What is the name of your state (only U.S. law)? New Mexico/Texas

I have a court order from Texas which stills has jurisdication. My children were court ordered into couseling in New Mexico. I have complete rights to all their medical, education and mental health records.

The new counselors have chosen to deny me the records. One because they state my eldest after age 14 must give me permission to see these records (despite a court order stating that is my right until age 18) and the other child they simply stopped counseling in violation of the current court order and declared they didn't need to turn over the records of a past client.

What are the realities of the mental health laws in New Mexico?

Please note the Texas will continue to keep jurisdication as other matters are being heard in the future. Plus new counselors need to be appointed.

 

[TheGeekess]

"NEW MEXICO: Doctor-patient privilege (including psychologists) is found in Rules 11-509Ch. 26-1-805 New Mexico, through its 6 N.M. Administrative Code 4.2.3.1.11.3.2(d) requires the supervisory school nurse to develop and implement written policies and procedures for clinical services, including the administration of medication."
Doctor-Patient Confidentiality: Encyclopedia of Everyday Law

(Browser is acting goofy, so here's a clue where to look for your answer.)

 

[ecmst12]

Mental health providers have an exception to HIPAA that they do not have to provide records to a patient or parent if they believe that doing so would cause harm to the patient.

 

[WWSD]

Thanks that's what the state board told me. There is no 14 year old rule. Wouldn't they have to prove I'm going to harm the child? Plus the court order specifically states I have a right to those files as well as a right to confer with this person. This counselor was court ordered to reunify me with this child and has never spoken to me. It has been 8 months.

There is proof I am not a harm to the child quite the opposite.

I do not want to give specifics because we are speaking about children. I have professionals willing to stand and state that I am in no way a danger to any child. I work with children professionally as well.

My ex classically gives misinformation in order to make others work for him. Classic passive-aggressive psychopath behavior is what is reported by those who deal with my ex including professionals. My lawyer and I believe that again he has filled a person's head with false misleading information.

I was hoping just to get the records just like one would get medical records. I was also hoping that a counselor who has been directed by Psychological evaluations and other professionals to softly and appropiately reunify me with a child would act differently.

Would those on this forum suggest that my only recourse at this point is to get a Lawyer to request the records?

BTW the court ordered that the counselor be selected by the Psychologist who performed the Psych Evals. Unfortunately we have discovered that this counselor was not recommended but my ex's lawyers pretended to the Judge that they were.

It just saddens me that the system is just not designed to work with peaceful solutions. Everything is a battle to the death yet no one seems to notice that it's the kids being destroyed.