Welcome back. We’ve been looking at what’s involved in releasing your child’s medical records to CPS, and why it might not be a good idea. As we mentioned in the previous article, most parents don’t even know what’s in their children’s medical records, and there are often mistakes and incorrect information that could be used against them in an abuse or neglect case. As such, we always advise against it until you’ve discussed the situation with a skilled CPS defense attorney, as you never know what their motives are when CPS asks for this kind of access!
Refusing to release your child’s medical records is NOT illegal!
Another issue we run into with our clients is the fact that most of them didn’t know they were allowed to refuse! CPS agents can be bullies when they want something, and they are well known to use misinformation, threats, and even strongarm tactics when trying to get parents to comply with their requests.
As defense attorneys who’ve personally experienced the agency’s bullying tactics, we often talk to parents who’ve been told to sign over their children’s medical records to CPS. And we tell them the same thing every time – DON’T! At least, not until we’ve had time to review the records ourselves, discuss the contents with the parents, and decide what is best for their case.
Can you limit consent, or even revoke it once it’s granted?
Yes you can! This is also something that comes up regularly, though it’s not an option CPS offers to parents. They may only need one or two pieces of information from a child’s medical records, but CPS will never ask a parent to provide only those documents. They want the whole enchilada. (After all, maybe there’s something else in there they can use to support their allegations!)
We often recommend that our clients limit the release to specific records, specific care providers, or specific periods of time in the child’s history. However, the truth is that while you do have a right to your privacy, CPS may still be able to find ways to access parts or all of your child’s medical records. Nevertheless, we still believe it’s important to do whatever you can to protect yours, and your child’s, privacy.
There are situations where parents sign over their children’s medical records, believing they are required to, and later realize that it was a mistake. In these cases, it is sometimes appropriate to revoke that consent. However, sometimes revoking consent can actually make more problems that it solves, so this is not a decision to make lightly, or without the help of a skilled CPS defense attorney!
Has CPS contacted you about your child’s medical records?
Has CPS reached out to demand that you grant them access to your child’s medical records? Or do they already have access and are now making allegations of medical neglect against you? The only way to ensure your family’s safety is to have an experienced CPS defense attorney on your side, fighting for your family’s rights! At The Kronzek Firm, our experienced CPS defense attorneys have spent decades helping parents protect their families. We can help you too!