Mother brings in parenting plan and states she had medical decision rights. Father calls and wants child records. What is our recourse
Child Custody Lawyer
Under RCW 26.10.150 Both parents have access to the child's records unless the court order states otherwise. Just because one parent has sole decision making, does not mean the other parent can't have access to the records. The parenting plan needs to clear say the Father can't have the records before you ignore the law.
Child Custody Lawyer
The office is not bound by a Parenting plan, but you are bound by HIPPA. Doesn't your office have an attorney on retainer? If not, you should.
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1 lawyer agrees
General Practice Lawyer
The other Mr. Hawkins (no relation) is right, federal and state law and regulations describe when you can release a child's information to his/her parents. That's the type of question you want to be able to consult with an attorney in private about so that you can discuss the types of records requested, the content of the records, and how the law applies to those records. If your staff is not already trained on requirements for release of medical records in this situation you should seek training and/or retain an attorney to advise your office in situations like this.
Providing this general response does not create an attorney client relationship.
Family Law Attorney
You should check with your regular attorney for an answer specific to this situation. Normally, the right to review records can be treated differently than the right to make a medical decision for the child. On the other hand, record confidentiality is important. Unless the dad has a court order authorizing release of the records to him, I would be cautious about doing so. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on parenting plans (including joint or sole decision making ) for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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