CPS Medical Releases
Sometimes during a child neglect or child abuse investigation, parents will be asked to signed medical releases for Michigan Children’s Protective Services (CPS). CPS often uses intimidation tactics to get what they want from parents.
When faced with losing a child, parents tend to sign whatever they need so that they can stay with her children for at least a little while longer. However, it is never wise to sign any type of medical release without the advice of an attorney.
Most parents have never seen all their children’s medical records. This means that parents don’t know what is actually in those records. CPS uses these records to gather information on both the children and the parents. A CPS medical release is very general and will allow CPS very broad access to the children’s medical and psychological records.
Should I release my child’s medical records to CPS?
When deciding whether or not to turnover your child’s medical records, you should consider the motives of CPS. Why are your child’s medical records relevant? Is it possible that your child’s medical records could be used against you? You should also consider the possibility of misinformation in your medical records.
In the past, we have found that our clients are shocked and confused at the information / misinformation documented in their child’s medical records. Medical staff create these records in a way that allows them to protect themselves. You should also keep in mind that medical records will give CPS access to the sources of the records, which will eventually allow CPS to gain a lot more information than they would have had otherwise.
It is not illegal to withhold your child’s medical records from CPS.
Parents are often strong-armed by CPS into simply releasing all of their child’s medical records. As attorneys, we almost never recommend signing a medical release without first reviewing those records and other documents that will be released.
We believe that parents should make informed decisions and, if CPS wants specific medical records, then we can help you create a limited release for only those specific medical records.
In our practice, we often limit the release to specific records, specific care providers and, in some instances, to specific periods of time. And, although you have the right to privacy, it is still possible that CPS might gain access to your information without your consent. Nonetheless, we believe that you should insist on your right to privacy when possible.
We have seen cases where the parent has already signed a medical release for CPS and later realized this is a mistake. In a case like this, it could be appropriate for us to revoke the consent to release records. Sometimes revoking a medical release can cause more problems than it solves, so it is best that you make this decision with the help of an experienced CPS defense attorney.
Don’t make that decision without help from an attorney!
Any decisions to release your or your child’s private medical information should be made with the guidance of a trusted attorney with extensive experience dealing with CPS here in Michigan. Similarly, you should remember that knowledge is power and that your attorney can only help you if you give them as much information as you can.
If CPS has access to your child’s medical records, and if these records could be used against you, your attorney should also know this information to be able to create a better defense for you. Parents involved in a CPS child neglect or child abuse case should keep copies of all relevant medical records, so that they know what medical professionals have said about their child.
Whenever CPS asks you to release information over to them, you should get the advice of an expert CPS defense attorney. If you sign a CPS request without having your attorney review it first, you could be endangering your parental rights.
If you or a family member has been contacted by Children’s Protective Services in Michigan, quickly contact our expert legal team at The Kronzek Firm at 866 766 5245. We have decades of experience fighting CPS and protecting the parental rights of Michigan’s parents.