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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 01-16-2014, 01:46 PM
Serene Serene is offline
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We just went through this. If you are not the custodial parent you cannot access the information from the doctor or organization directly UNLESS the custodial parent consents. And it sounds like the custodial parent does not.

The issue is your court order, as you have provided above, states that the other parent is to give you the personal health information. So your issue is with the other parent, not with the health provider.

Unfortunately, if you are a non-custodial parent you are not considered a parent under Ontario Privacy laws:

Definition
(2) In subsection (1),
“parent” does not include a parent who has only a right of access to the child. 2004, c. 3, Sched. A, s. 23 (2).
IPC - Office of the Information and Privacy Commissioner/Ontario | The Acts

Do me a favour, can you give us the exact wording of your custody and the text that pertains to medical information and health information for your children. That will help me. As I said, we just went through this and got the information we wanted. But it appears your circumstances might be different.
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  #12  
Old 01-16-2014, 01:47 PM
FB_ FB_ is offline
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Quote:
Originally Posted by ByMyself View Post
Once I became aware of the existence of some of this medical information (in obtaining disclosure from CAS), I began the process to obtain these records.

I did go straight to the hospitals, and filled out the paperwork allowing the hospital to release this information directly to me. I provided them with certified copies of the final divorce order. I paid the fees, and waited the amount of time they requested.

Once the waiting period had ended, I began following up with calls. I was informed that two doctors specifically were holding up the production of the records. I attempted to contact these doctors by email, because it is what was suggested by staff at the hospital health records department, as a way to find out what the doctors' concerns were.

The issue I have is that nobody is communicating with me why they will not share the records. If it is a confidentiality issue, I can understand it to a degree. I can, and intend to, keep pushing for the information.

My question was more originally to find out any other ways to get to the information, and if I even have the right to get access to it.
There are deadlines and fines under the freedom of information act. I'm not sure if this is what was/is used for accessing medical information. I would look into it and then file a complaint with the governing body.
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  #13  
Old 01-16-2014, 01:58 PM
ByMyself ByMyself is offline
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The main clause regarding access to the information reads as follows:

"ByMyself has the same right and entitlement to information from third parties relating to the health, education, and welfare of the children without the necessity of any release, direction, or acknowledgement executed by ByMyself's ex and this shall constitute sufficient release, authorization and direction to any third party for the release of such information."

This clause seems to me to be very clear. It has not created an issue yet with any other doctors. The hospital says it needs the head psychiatrist to authorize the release of a couple of the reports that I want.

I don't think the issue is whether or not I have access to doctor's records in general - the issue is to what degree are the psych records covered by confidentiality, and is that why they are not being released.
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  #14  
Old 01-16-2014, 02:43 PM
ByMyself ByMyself is offline
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Tayken, thank you for your reply.

I want to clarify a few things. I do try to pare down my postings to focus on providing the information required to answer my question. As a byproduct of this - it may leave readers with other opinions of my situation, that are being based on the incomplete/ imperfect information that I provide.

Quote:
You gave up the responsibility, as admitted to in this thread, of being a parent by forfiting your access as a parent due to a medical reason for the child in question. The same argument will be used against you for custody. That you relinquished, along with your access to the child, your custody in accordance with what is set forth in the CLRA.

It was a tremendous mistake to give up your duties as a parent to this child.

The court isn't going to care about what the other parent didn't provide you. If you have access to the information, are not restrained from attending at the hospital etc... They are not going to say much. A child of 10 years old if going on consistent access visits would TELL YOU this information and you could follow up in the immediate... Not at a later date when trying to "build a case".
I did not forfeit anything. First, my access was cut off completely during the investigation, except for a couple of short periods supervised by a CAS worker. I did not consent to access being cut off - it was imposed on me.

Shortly after my access was reinstated (and I DID EXERCISE every second allowed to me as per our final order), D10 made allegations of me assaulting her in the presence of the CAS worker. This is when it became harsh reality how unwell D10 was becoming, and the need for supervision. Shortly after this, D10 and I are in a therapy session together, and afterwards D10 makes more allegations about me, though the therapist was present 100% of the time. Even through this - I ELECTED TO CONTINUE with access, and TRIED TO INCREASE the amount of time in a supervised setting, with the agreement of the therapist, the ex fought it. Eventually the ex cut off this form of supervised access.

I mention in my other post in this thread about my other attempts to get supervision in place with D10. At no time have I walked away, or given anything up. Our D10 became very ill - terrified to be anywhere in my presence - for NO JUSTIFIABLE REASON. She became a victim of the onslaught of allegations.

Quote:
If this "therapist" is engaged by court order or agreement to treat the child they have the responsibility to notify the clinicians of their involvement in the child in questions "circle of care" and to request copies. It is NOT your job to get the records. This sounds fishy to me as 99% of clinicians know this little simple fact.
They are not engaged by court order. We are nearing the end of the process (the therapeutic access provider is trying to work with my ex to get them on board) of trying to convince my ex to be actively involved in the therapeutic access/ reintegration. If that fails, I will push forward to have it court ordered. I have told the therapist that we will proceed without mom's consent if needed, under a supervisory role, following my regular access schedule.

I am trying to give my ex every opportunity to do this properly and help correct the situation, and to keep conflict down as much as reasonable. I do have another daughter in this mix, and she is exposed to the conflict at that end, so I have to try to be careful of that as well.

Quote:
Why do you care what the other parent knows? They are NOT a doctor. So, you are best to go to the PROFESSIONALS to get the information you are requesting and not to worry about the other parent, what they know, etc...
There is a misunderstanding here. My concern doesn't lie with what the other parent knows. If the doctor is willing to share parts of the report, or some information, with the other parent, then the doctor should share the same with me. That is what I was getting at.
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  #15  
Old 01-16-2014, 02:46 PM
smileandwalkaway smileandwalkaway is offline
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If you feel strongly and justified in your need to have access to particular health records keep advocating... I know that does not help you any but thAt is all I can suggest. Dealing with the medical profession can be very exhausting at times, even for the custodial parent. Been there, done that, and I have always been the sole custodial parent.
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  #16  
Old 01-16-2014, 02:52 PM
stripes stripes is offline
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If a licensed, qualified therapist is involved with your daughter, that therapist should be able to request medical records as necessary from other professionals to help treat your daughter. Medical professional like to deal directly with other professionals rather than releasing information to third parties, especially when a) the records are psychiatric in nature; b) the third party is not a custodial parent and c) the records deal with conflicts or difficulties between the patient (D10) and the third party (you). They have no idea what you might do with the records or what use they might be put to. They don't know what they might be unleashing by giving you the records.

Doctors' primary responsibility is to the patient, and that will override their interest in helping you out. So while your order states that you should have access to the medical records, given the circumstances, you should expect resistance by the hospital staff. If I were a treating doctor, I'd be dragging my feet too on this one.

This is not to say that your request for the records is illegitimate. Your court order is pretty clear. I am just trying to provide some context as to why medical professionals may be reluctant to give you the information. I think you would probably be better off working through other professionals, like a registered psychologist (which I hope your therapist is) on this one.
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  #17  
Old 01-16-2014, 03:01 PM
ByMyself ByMyself is offline
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Quote:
Originally Posted by stripes View Post
If a licensed, qualified therapist is involved with your daughter, that therapist should be able to request medical records as necessary from other professionals to help treat your daughter.
But the therapist will still need the consent of the CP to get the medical records, wouldn't they? I am thinking, too, that the therapist would need to have the consent of the CP in order for them to act as therapist to D10 during this process. This is why I am asking for therapist to be involved on a supervisory basis only until my ex consents to anything more. The therapist's clinic does offer supervised access as a regular service.
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  #18  
Old 01-17-2014, 07:01 AM
Serene Serene is offline
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Let me clarify a few things:

If you are in Ontario and you are a defined as a "parent" per the link and quote I attached no one needs the consent of the other parent to release any information on your children to you.

If you are NOT defined as a parent then yes, they need the consent of the other parent.

If you feel that your agreement provides you the entitlement/right to the information then you should file a complaint with the Information Privacy Commission. As we learned, many health professionals are confused about Privacy laws. They wait until the IPC discusses the situation with them and then proceed on their advice through the mediation process (which is really just a few phone calls between each of the parties).

As the IPC officer clearly told us when we just went through this: it doesn't matter why we want the information. We are either entitled to it or we aren't. We were.
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  #19  
Old 01-17-2014, 09:07 AM
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arabian arabian is offline
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I had posted earlier to get records from psychiatrist. While you may or may not be entitled to receive the information you are seeking, I don't believe anyone employed with the hospital will release the information unless it is upon the direction and approval of the supervising psychiatrist. You could make an appointment with the psychiatrist and find out directly from that individual what documentation you require. There are processes in place, for good reason, guarding patient treatment/information. The psychiatrist may have no problem releasing information to you but may want to personally give it to you and explain it to you as many people cannot properly interpret medical reports/data. Also keep in mind that the information you seek may contain confidential information about another individual.
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