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Obtaining medical/health records of minor daughter

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LBC2006

Junior Member
What is the name of your state (only U.S. law)? NJ

I am divorced with joint legal custody of two minor children ages 17 and 14. My 17 yr old has been seeing a therapist in which medication has been prescribed for depression. My ex is not sharing any information with me even though it is clearly outlined in our divorce decree that each parent is obligated to share any and all health related issues. My attempt to obtain information from the therapist has been unsuccessful. What is the consent law regarding minors medical and health related records in the state of NJ? I have been looking for the statute online with no result. Thank you
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? NJ

I am divorced with joint legal custody of two minor children ages 17 and 14. My 17 yr old has been seeing a therapist in which medication has been prescribed for depression. My ex is not sharing any information with me even though it is clearly outlined in our divorce decree that each parent is obligated to share any and all health related issues. My attempt to obtain information from the therapist has been unsuccessful. What is the consent law regarding minors medical and health related records in the state of NJ? I have been looking for the statute online with no result. Thank you
Mental health information is different than physical health. I'm sure your ex can't get the information about Daughter's treatment, either. :cool:
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ

I am divorced with joint legal custody of two minor children ages 17 and 14. My 17 yr old has been seeing a therapist in which medication has been prescribed for depression. My ex is not sharing any information with me even though it is clearly outlined in our divorce decree that each parent is obligated to share any and all health related issues. My attempt to obtain information from the therapist has been unsuccessful. What is the consent law regarding minors medical and health related records in the state of NJ? I have been looking for the statute online with no result. Thank you
FYI dad...the therapist cannot release any information to either of you (mom OR dad) about what is said in therapy sessions. Mom cannot be held in contempt for information that she cannot obtain either.
 

stealth2

Under the Radar Member
Rest assured that therapy will be useless if your 17yo has any reason to believe that what she says to her therapist will be reported to you and/or Mom.

ETA: Some reading for you:

http://www.apa.org/monitor/mar02/confidentiality.aspx
http://www.medscape.com/viewarticle/456472_6

and you may want to read up on FERPA w/regards to privacy/confidentiality issues.
 
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LBC2006

Junior Member
Rest assured that therapy will be useless if your 17yo has any reason to believe that what she says to her therapist will be reported to you and/or Mom.

ETA: Some reading for you:

http://www.apa.org/monitor/mar02/confidentiality.aspx
http://www.medscape.com/viewarticle/456472_6

and you may want to read up on FERPA w/regards to privacy/confidentiality issues.
Thank you all for your responses. I've read the information in the links you provided. I see that Federal Law overrides individual state statutes.

I wasn't looking to find out what is discussed in her sessions. I was more interested in the medication she is on if any.
I was able to find my states statute here.
http://www.njconsumeraffairs.gov/chapters/Chapter%2042%20Board%20of%20Psychological%20Examiners.pdf

Page 33. If i am reading it correctly I do have the right to her records. But as was stated above by another poster~~ my daughter would feel as though her privacy has been violated and what would I really be accomplishing
 

I'mTheFather

Senior Member
Thank you all for your responses. I've read the information in the links you provided. I see that Federal Law overrides individual state statutes.

I wasn't looking to find out what is discussed in her sessions. I was more interested in the medication she is on if any.
I was able to find my states statute here.
http://www.njconsumeraffairs.gov/chapters/Chapter%2042%20Board%20of%20Psychological%20Examiners.pdf

Page 33. If i am reading it correctly I do have the right to her records. But as was stated above by another poster~~ my daughter would feel as though her privacy has been violated and what would I really be accomplishing
Your daughter must authorize release to you.

http://law.onecle.com/new-jersey/45-professions-and-occupations/14b-36.html

45:14B-36. Valid authorization.

6. A valid authorization for the purpose of P.L.1985, c.256 (C.45:14B-30 et seq.) shall:

a. Be in writing;

b. Specify the nature of the information to be disclosed, the person authorized to disclose the information, to whom the information may be disclosed, the specific purposes for which the information may be used, both at the time of disclosure and at any time in the future;

c. Specify that the patient is aware of the statutory privilege accorded by section 28 of P.L.1966, c.282 (C.45:14B-28) to confidential communications between a patient and a licensed psychologist;

d. State that the consent is subject to revocation at any time;

e. Be signed by the patient or the person authorizing the disclosure. If the patient is adjudicated incapacitated or is deceased, the authorization shall be signed by the patient's legally authorized representative. When the patient is more than 14 years of age but has not yet reached majority, the authorization shall be signed by the patient and by the patient's parent or legal guardian. When the patient is less than 14 years of age, the authorization shall be signed only by the patient's parent or legal guardian; and

f. Contain the date upon which the authorization was signed.
The above was referenced in the document you linked.
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? NJ

I am divorced with joint legal custody of two minor children ages 17 and 14. My 17 yr old has been seeing a therapist in which medication has been prescribed for depression. My ex is not sharing any information with me even though it is clearly outlined in our divorce decree that each parent is obligated to share any and all health related issues. My attempt to obtain information from the therapist has been unsuccessful. What is the consent law regarding minors medical and health related records in the state of NJ? I have been looking for the statute online with no result. Thank you
If you are covering her under your personal health insurance, you should be getting an EOB for the office visits. And you can probably obtain a history of what prescriptions have been filled using the insurance.

Do you talk with your oldest child? Why not have a discussion with her about how she feels counseling is going and if the meds she is on is working/helping?
 

gam

Senior Member
Dad you have joint legal, which means you and your ex should be making joint major decisions together. The child is a minor, a parent must authorize treatment. Authorization can occur differently depending on the state.

Going by a brief a search and reading the links already provided by others, the child is still a minor which means a parent must authorize the treatment or it is done through a court order.

I don't know NJ's laws other then briefly looking, I know my state laws on it only as I work in Mental Health and treatment is discussed with the legal guardian when a minor is involved. Going by the little I looked up for NJ, authorization is needed by the legal guardian for treatment. This is not the same as wanting information of what the child is talking to the therapist about. Since I don't know NJ's laws well enough, authorization could be given in different ways, it might have to be given concerning medications when they are prescribed or changed. It's possible that authorization was given to the therapist to decide all treatment and authorization for medications do not require a legal guardian to be informed of those. Something you need to find out.

This is more an issue on your joint legal and the fact you didn't get to make a joint decision concerning this major decision, your going to have to go through who authorized the treatment or through family court to get the information and be part of the process. But in a short time here your daughter is going to be an adult and it won't matter as she can authorize her treatment herself.
 

I'mTheFather

Senior Member
Dad you have joint legal, which means you and your ex should be making joint major decisions together. The child is a minor, a parent must authorize treatment. Authorization can occur differently depending on the state.
This is simply not true.
Going by a brief a search and reading the links already provided by others, the child is still a minor which means a parent must authorize the treatment or it is done through a court order.
Again, not true, which the links explained.
I don't know NJ's laws other then briefly looking, I know my state laws on it only as I work in Mental Health and treatment is discussed with the legal guardian when a minor is involved. Going by the little I looked up for NJ, authorization is needed by the legal guardian for treatment. This is not the same as wanting information of what the child is talking to the therapist about. Since I don't know NJ's laws well enough, authorization could be given in different ways, it might have to be given concerning medications when they are prescribed or changed. It's possible that authorization was given to the therapist to decide all treatment and authorization for medications do not require a legal guardian to be informed of those. Something you need to find out.
Even in Michigan a minor can authorize his own treatment.
This is more an issue on your joint legal and the fact you didn't get to make a joint decision concerning this major decision, your going to have to go through who authorized the treatment or through family court to get the information and be part of the process. But in a short time here your daughter is going to be an adult and it won't matter as she can authorize her treatment herself.
And if she sought her own treatment, and dad persists in prying, she may become very resentful.
 

I'mTheFather

Senior Member
Another quick google turned up this report that is short and easy to read. It includes a table indicating the rights of minors in each state to authorize health care.

http://www.guttmacher.org/pubs/tgr/03/4/gr030404.pdf
 

gam

Senior Member
This is simply not true.Again, not true, which the links explained.Even in Michigan a minor can authorize his own treatment.

And if she sought her own treatment, and dad persists in prying, she may become very resentful.
All the links provided prior to my posting where on authorization of medical records, not treatment, none of them explained treatment. Two different things that have separate information. I agree she could become resentful, didn't touch on that, as I believe you already did and thought it was enough. A kid can become resentful in every parenting decision you make, as a parent you way that against the issue. Sometimes you decide that a certain course needs to be taken and you deal with the fall out from that.

Another quick google turned up this report that is short and easy to read. It includes a table indicating the rights of minors in each state to authorize health care.

http://www.guttmacher.org/pubs/tgr/03/4/gr030404.pdf
This particular page here, it's listed as 2000, not current. What it lists for Mi, is only on outpatient mental health, working on getting a proper link for Mi and I don't believe that is totally current for Mi, could be though on outpatient. I could also be confusing hospital policy(I work inpatient, it's been years since I worked outpatient) with law to. I have a text out to my work and finding that out and where to find that information.

This page however for NJ, just says no law or policy found, not good enough, I'll work on seeing if there is something else.

I got a few things to do, be a bit before I get back and provide any links, but I am working on it and I will read anything you provide. Always willing to be proven wrong and fix my information.
 

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