Can a mental health facility release medical records to a third party without the expressed consent of the parent?

Asked 6 months ago - Turnersville, NJ

My minor daughter is in a residential mental health facility.We are not satisfied with their practices or level of care so we are in the process of transitioning her home or to another facility. On a visit home she ingested some of my wife's medication with the purpose of going to the hospital instead of returning back to the mental health facility. She was unfamiliar with the medication and had no idea what she was taking. She was taken to the emergency room where a test revealed a small trace of Xanax. No treatment was given and she was returned to the mental health facility. A week later her therapist called her Probation Officer and revealed the medical information over the phone and sent him a written report. My daughter is on probation for a non-drug related disorderly charge

Attorney answers (1)

  1. Golnar Sargeant

    Contributor Level 19

    Answered . Normally, no. But people on probation do not have the same privacy rights. Probation is not freedom, it's "prison lite". One of the basic terms of parole is full disclosure and knowledge of the PO of all such incidents. Your daughter can also be subject to random searches and drug tests as long as she is on parole.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more

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