Disclosure of CAS file?

[Exquizique]

A complaint was filed against custodial mother (not by non-custodial father) with the CAS citing neglect and abuse concerns. CAS investigated. Non-custodial father called up CAS to request disclosure of said investigation file and details (eg. outcome). CAS said they will not provide requested disclosure.

I did some looking/research online and am still very confused about the following:

Is the father entitled to the disclosure of the investigation file on his child?

How would a parent go about obtaining such disclosure? Especially if it would be pertinent and very helpful information to have on hand for a potential custody assessment/dispute in the court process?

Anyone know or have personally gone through something like this??

[Coop]

From what I understand you need a signed waiver from any adult named in the file and any adult child.

CAS will send you any required documenation.

[Exquizique]

Originally Posted by Coop

From what I understand you need a signed waiver from any adult named in the file and any adult child.

CAS will send you any required documenation.

Really? Would it be the requestor's responsibility to obtain these waivers, or would CAS approach the adults named in the report and ask them if they would sign the waivers?

[Coop]

For us, the ex filed a complaint against my husband (the father). My husband called CAS and asked for the report. They sent us release forms for the ex and each child to sign to release the report.

Our situation may be different because my husband was the one the complaint was made about. You would think that since they are YOUR kids too that you should be entitled to see the report!

[Tayken]

Originally Posted by Exquizique

A complaint was filed against custodial mother (not by non-custodial father) with the CAS citing neglect and abuse concerns. CAS investigated. Non-custodial father called up CAS to request disclosure of said investigation file and details (eg. outcome). CAS said they will not provide requested disclosure.

I did some looking/research online and am still very confused about the following:

Is the father entitled to the disclosure of the investigation file on his child?

How would a parent go about obtaining such disclosure? Especially if it would be pertinent and very helpful information to have on hand for a potential custody assessment/dispute in the court process?

Anyone know or have personally gone through something like this??

1. Request consent from the other party for the release of the materials.

2. If they refuse the request you have to take it on motion. Attach the refusal to consent to your motion materials as evidence.

3. Then a judge decides.

Another way to get it is to ask for their Form 35.1 as it is required to attach any findings from CAS to the affidavit. Now this is that generic letter you both are about to get about learning to get along etc...

Good Luck!
Tayken

[Exquizique]

Originally Posted by Coop

Our situation may be different because my husband was the one the complaint was made about. You would think that since they are YOUR kids too that you should be entitled to see the report!

Yes, your situation may be different, but i do agree that since the investigation is concerning the child, logically i would assume that a parent of the child should have the right to such disclosure! Sadly the more i learn about family law the less about "logic" it seems to be ...

Originally Posted by Tayken

1. Request consent from the other party for the release of the materials.

2. If they refuse the request you have to take it on motion. Attach the refusal to consent to your motion materials as evidence.

3. Then a judge decides.

Another way to get it is to ask for their Form 35.1 as it is required to attach any findings from CAS to the affidavit. Now this is that generic letter you both are about to get about learning to get along etc...

Good Luck!
Tayken

Thank you Tayken!!! Once again your response is clear and concise and straight to the point!

[walshch]

The advice given by Tayken is the easiest and quickest way to obtain the information. If that fails, you could apply for release of the information under the "Freedom of Information and Protection of Privacy Act". (Ontario) There is a $5.00 fee for the information, and takes up to 6 months to get the information, but it may be worth the wait. The contact numbers are "Information and Privacy Commissioner-Toronto. (416) 326-3333 or 1-800-387-0073.

[Exquizique]

Originally Posted by walshch

The advice given by Tayken is the easiest and quickest way to obtain the information. If that fails, you could apply for release of the information under the "Freedom of Information and Protection of Privacy Act". (Ontario) There is a $5.00 fee for the information, and takes up to 6 months to get the information, but it may be worth the wait. The contact numbers are "Information and Privacy Commissioner-Toronto. (416) 326-3333 or 1-800-387-0073.

Thanks for the information Walshch! An FOI request was going to be the last resort method, good to know that it's a viable avenue!

[Tayken]

Originally Posted by Exquizique

Thanks for the information Walshch! An FOI request was going to be the last resort method, good to know that it's a viable avenue!

Depending on the progress of your matters before the court this may be the most cost effective way to get the materials. One thing to note is that they may censor any information provided by a third party who did not consent to the release. So you would get some blanked out pages.

The recommendation I suggested is much more expensive potentially than the 5.00$ FOI request.

If you are gathering documentation from third parties I highly recommend that if you have any form of "joint" custody of your children you request their records from the Ministry of Health and all clinicians they have had clinical encounters with. The MoH report shows the ICD-9 encounter codes for each encounter, with which clinician and at what facility and the OHIP bill code. From there you can trace back to the different doctors and make individual requests for the personal health information of your children.

Doctors are reluctant as they are not familiar with their own policy for medical records. If you are dealing with a physician who is registered just sight back their clinical policy back at them. They are all posted on the internet. Just look for medical records policies for the various colleges that the clinicians belong to.

They do have 30 days to produce the records in response to your request. PHIPA allows for the release of this information to custodial parents.

If you are *NOT* a custodial parent, request the release of this information using a Form 20 sighting all the documents you want and serve it on the other parent. Then when the 20 day period is up... You can file a motion for the release of this information. Very few judges restrict parental access to medical records as they are deemed evidence under the rules.

Good Luck!
Tayken

[Exquizique]

Originally Posted by Tayken

Depending on the progress of your matters before the court this may be the most cost effective way to get the materials. One thing to note is that they may censor any information provided by a third party who did not consent to the release. So you would get some blanked out pages.

The recommendation I suggested is much more expensive potentially than the 5.00$ FOI request.

If you are gathering documentation from third parties I highly recommend that if you have any form of "joint" custody of your children you request their records from the Ministry of Health and all clinicians they have had clinical encounters with. The MoH report shows the ICD-9 encounter codes for each encounter, with which clinician and at what facility and the OHIP bill code. From there you can trace back to the different doctors and make individual requests for the personal health information of your children.

Doctors are reluctant as they are not familiar with their own policy for medical records. If you are dealing with a physician who is registered just sight back their clinical policy back at them. They are all posted on the internet. Just look for medical records policies for the various colleges that the clinicians belong to.

They do have 30 days to produce the records in response to your request. PHIPA allows for the release of this information to custodial parents.

If you are *NOT* a custodial parent, request the release of this information using a Form 20 sighting all the documents you want and serve it on the other parent. Then when the 20 day period is up... You can file a motion for the release of this information. Very few judges restrict parental access to medical records as they are deemed evidence under the rules.

Good Luck!
Tayken

Thanks for the additional clarification, information and advice Tayken! Totally forgot about the Ministry of Health for requesting records!! The other parent has maintained complete information blackout regarding the child for over a year now (to what ends, it remains to be seen) and that will come in handy!