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momoftwinsplusone
May 21, 2010, 08:56 AM
I really need some advice... My ex-husband and I divorced in 2006. Since his remarriage, things have been really estranged. I know, imagine that! Anyway, we have had all kinds of issues regarding the children. Psychologists, psychiatrists, guardian ad litems, LCSWs, Department of Children Services, etc. have all been involved at one time or the other. At this time, we share physical time with the children, a week at my house, a week with their dad. There are some very specific rules in which we must abide by on those weeks. At the beginning of the school year, the step-mom presented the children's school with a copy of the Parenting Plan. I have no issue with that. I happened to be at school the other day and needed to see a copy of the plan. One of the office assistants got that for me from one of my kids file in the office. Herein lies the problem: Not only did she include the parenting plan, she included a 6 (single spaced) page letter from the guardian ad litem to the father and I. This letter contained the conversations that the guardian ad litem had with 2 psychologists. The basis of this letter was to share with the father and I the opinions of the Drs. And their advisements to us. The father and I were both court-ordered to do psych evaluations. Most of this information about me was negative. The information that the school needed was completed in 4 pages-yes, this included the judge's signature on the last page. Instead, the step-mom turned in 14 pages to the school. Are there any options I have for trying to call the step mother out on this?

ScottGem
May 21, 2010, 09:17 AM
First, there is absolutely no HIPAA violations here. HIPAA comes into play when a medical service provider reveals diagnosis and treatment info to a 3rd party without permission. The Step-mom was not treating you, I assume she received the analysis from the GAL as a matter of course. So her providing it to the school doesn't come close to HIPAA.

Second, I don't really see any recourse you have. The info may have been useful to the school in dealing with the children. As long as the school keeps this info confidential, I don't see where you have been harmed.

And trying to pursue some recourse would only strain relations further, is that what you want?