Accessing Child Therapy Records

Summary

If you have joint legal custody, you generally have the right to access your childrens medical and psychological records. Michigans Child Custody Act supports this, and relevant case law like Foskett v. Foskett reinforces these rights. If therapists refuse to communicate, your attorney can file a motion to compel the release of records. Present evidence of bias, such as CPS records indicating coaching, to strengthen your case. Discuss with your attorney about requesting an independent evaluator if necessary.

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I am getting ready for a hearing this month. I am the plaintiff in a family court case in st Clair county Michigan. I currently have my parenting time suspended and my children have been ordered to go to therapy. The therapists have refused to communicate with me although I have joint legal custody. My attorney filed a subpoena for the therapists records. The therapists obtained an attorney to fight the subpoena. What should I be able to do as far as my rights as a parent?

Hi ****! Here's some general info that might help:
- Joint Legal Custody: You have the right to access your children's medical and psychological records.
- Therapists' Responsibilities: While they must protect patient confidentiality, they should communicate with both parents in joint custody cases.
- Subpoena: Your attorney can argue that your joint custody entitles you to the records.
Have you discussed with your attorney about presenting a motion to compel the release of these records?

Yes my attorney is going to object to the motion to quash the subpoena and restrict the records

It sounds like you have a solid foundation for your case. Here are some general points to consider:
- Joint Legal Custody: This typically grants you the right to access your children's medical and psychological records.
- Therapist Communication: They should ideally communicate with both parents.
- Subpoena Objection: Your attorney can argue the necessity of these records for your case.
Have you discussed with your attorney about any specific state laws or precedents that might support your argument?

No I am looking for state laws or precedents that may support my argument. The terms to begin reunification are that the therapists have to agree. I think the therapists are bias.

Hi ****, here are some points that might help:

Michigan State Laws and Precedents:
- Michigan Child Custody Act (* PA *, MCL *.* - *.*):
- Section *.27b(*): Both parents generally have equal access to the child's records, including medical and psychological records, unless otherwise ordered by the court.
- Section *.*: Factors for determining the best interests of the child, which may include the willingness and ability of each parent to facilitate a close relationship with the other parent.
- Relevant Case Law:
- Foskett v. Foskett, * Mich App * (*): Reinforces the rights of parents with joint legal custody to have access to their children's records.

Next Steps:
- Discuss these specific statutes and cases with your attorney.
- Consider presenting evidence of bias if you believe the therapists are not acting impartially.
Have you gathered any documentation or evidence that might demonstrate the therapists' bias?

The only evidence I have of the bias is that the therapists testified that I am an unfit parent without ever actually speaking with me. I do have evidence in the form of cps records stating that the kids have been coached in the past.

Points to Consider:
- Michigan Child Custody Act (* PA *, MCL *.* - *.*):
- Section *.27b(*): Equal access to children's records for both parents.
- Section *.*: Best interests of the child factors, facilitating a close relationship with both parents.
- Foskett v. Foskett, * Mich App * (*): Upholds the rights of parents with joint legal custody to access records.

Next Steps:
- Present CPS records showing coaching to highlight potential bias.
- Argue that therapists' opinions may be unfounded without direct communication with you.
Have you considered asking the court to appoint an independent evaluator to review the case?

There has been a guardian at litem appointed to the case. However she made a recommendation previously and now says she is going to leave it up to the judge to decide the next steps towards reunification

****, it looks like you have a substantial case, especially with the CPS records indicating potential coaching and the therapists not communicating with you directly.
Here are some steps you can consider:
- Guardian ad Litem (GAL) Role: Ensure that the GAL's previous recommendations are clearly documented and presented to the court.
- Independent Evaluator: If the GAL is deferring to the judge, discuss with your attorney the possibility of requesting an independent evaluator to review the case.
- Bias Evidence: Present the CPS records and any other evidence that demonstrates potential bias from the therapists.

~St. Clair County Circuit Court
Phone: (*) *-*
Address: * McMorran Blvd, Port Huron, MI *
Website: www.stclaircounty.org

Have you discussed with your attorney about possibly questioning the therapists' methodologies and their reasons for not communicating with you?

The therapists have already testified in regards to ignoring my attempts to communicate

Given the therapists' testimony and your evidence of potential bias, your case appears strong. Here are some additional steps to consider:
- Cross-Examination: Ensure your attorney cross-examines the therapists on their reasons for not communicating with you.
- Bias Evidence: Present CPS records during the hearing to highlight potential coaching and bias.
- Independent Evaluator: Discuss with your attorney about requesting an independent evaluator if the GAL's input is insufficient.
Have you considered seeking a second opinion from another mental health professional regarding the therapists' assessments?

I am unable to enroll my children in another therapist without having any physical custody or parenting time

Hi ****, it sounds like you're in a challenging situation. Here are some steps you might consider:
- Cross-Examination: Make sure your attorney thoroughly questions the therapists about their refusal to communicate.
- Bias Evidence: Present CPS records to demonstrate potential coaching and bias.
- Independent Evaluator: Discuss requesting an independent evaluation given the therapists' alleged biases.
- GAL Input: Ensure the Guardian ad Litem's previous recommendations are clearly documented and emphasized.
Would you like more information on how to request an independent evaluator?

How do I request an independent evaluation

Hi ****! Here’s a general outline on how to request an independent evaluation:
*. Consult Your Attorney: Discuss the need for an independent evaluator with your attorney.
*. File a Motion: Your attorney can file a motion in court requesting an independent evaluation.
*. Provide Justification: Present evidence of potential bias and the necessity for an impartial evaluation.
*. Court Approval: The judge will review and decide on your request.
You might also want to ask your attorney if there are any specific forms or local rules in St. Clair County that you need to follow for this request.
Would you like more information on what to include in the motion?

Yes

Case Rating: *
Hi ****! Here’s some general guidance on what to include in your motion for an independent evaluation:
*. Introduction:
- State the purpose of the motion.
- Identify the parties involved.
*. Background:
- Briefly outline the case history.
- Mention the therapists' refusal to communicate and the existing bias concerns.
*. Evidence of Bias:
- Attach CPS records indicating potential coaching.
- Highlight the therapists’ testimony about ignoring your communication attempts.
*. Legal Grounds:
- Cite relevant sections of the Michigan Child Custody Act.
- Mention any applicable case law, like *Foskett v. Foskett*.
*. Request for Independent Evaluation:
- Clearly state the request for an independent evaluator.
- Explain why an impartial evaluation is essential for the best interests of the children.
*. Conclusion:
- Summarize the necessity for the court to grant the motion.
- Request a hearing date for the motion.
Would you like more details on any specific section?

Accessing Child Therapy Records

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