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Therapist Records Access Rights
Summary
Parents with joint custody in Florida generally have the right to access their childs medical records. If a therapist refuses to provide these records, it may violate Florida Statutes 456.057(7)(a) and 491.009(1)(w). Noncompliance with court orders for therapy sessions could also be an issue. Consult a local attorney for specific advice.Full Conversation
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It appears you're dealing with a complex situation. In Florida, certain rules apply:
- Therapists generally cannot disclose patient information without consent.
- If the father has legal custody, he may request the child's medical records.
- Court orders can override these rules.
It's recommended to consult with a local attorney for specific advice.
- Therapists generally cannot disclose patient information without consent.
- If the father has legal custody, he may request the child's medical records.
- Court orders can override these rules.
It's recommended to consult with a local attorney for specific advice.
during the therapists services he did not have custody it was joint
Even with joint custody, both parents typically have the right to access their child's medical records in Florida. However, it may depend on the specifics of the custody agreement. It's advisable to consult with a family law attorney for personalized advice.
so i have the right to this prior to him getting custody he got custody in Feb. *. I had joint custody with him prior and the therapy sessions were from * to *
Based on the information you've provided:
- As a parent with joint custody, you should have had the right to access your child's medical records, including therapy notes.
- If the therapy sessions occurred before the custody change, you should have access to those records.
- For specific guidance, consult a family law attorney in Florida.
- As a parent with joint custody, you should have had the right to access your child's medical records, including therapy notes.
- If the therapy sessions occurred before the custody change, you should have access to those records.
- For specific guidance, consult a family law attorney in Florida.
the therapist is claiming she does not have to give me that information because the father has custody however her services are the reason i lost custody
Based on what you've said:
- The therapist is wrong to withhold past records if you had joint custody at the time.
- In Florida, both parents with joint custody can access their child's medical records.
- If you believe the therapist's actions impacted your custody case, consult a family law attorney.
- The therapist is wrong to withhold past records if you had joint custody at the time.
- In Florida, both parents with joint custody can access their child's medical records.
- If you believe the therapist's actions impacted your custody case, consult a family law attorney.
is this free service
Yes, FreeLawChat provides free general legal information. However, for specific legal advice or representation, you would need to consult with a local attorney.
what violations were committed
Based on your situation, potential violations could be:
- Violation of parental rights: You had joint custody and should have had access to your child's medical records.
- Breach of professional ethics: The therapist may be withholding information without valid legal reason.
Please consult with a local attorney for accurate information.
- Violation of parental rights: You had joint custody and should have had access to your child's medical records.
- Breach of professional ethics: The therapist may be withholding information without valid legal reason.
Please consult with a local attorney for accurate information.
the thearpist never met me while servicing my children for three years and parental alienation occurred. It was revealed that psychological manipulation was occuring from the father so the children could make false reports to get child support. what violations occured there were parental alienation, neglect, and educational neglect occuring and the gal made derogatory comments I also know that she texted Dr. Fogle personally and made this practioner make decisions on my providers when the Gal chose a incompentent provider to do therapy where his wife was doing sessions please list violations, statutues, laws, ethics and whom
Based on the information provided, potential violations may include:
- Parental alienation, which typically violates Florida Statute *.*(*)(c2)
- Violation of professional ethics under Florida Statutes *.*(*)(w) and *.*(*)(k)
- Breach of confidentiality under Florida Statutes *.*(*)(a)
- Educational neglect under Florida Statute *.*
Please consult with a local attorney for specific advice.
- Parental alienation, which typically violates Florida Statute *.*(*)(c2)
- Violation of professional ethics under Florida Statutes *.*(*)(w) and *.*(*)(k)
- Breach of confidentiality under Florida Statutes *.*(*)(a)
- Educational neglect under Florida Statute *.*
Please consult with a local attorney for specific advice.
can you list why in detail so i understand
- Parental Alienation: Florida Statute *.*(*)(c2) considers the willingness of each parent to facilitate a close relationship between the child and other parent.
- Professional Ethics: Florida Statutes *.*(*)(w) and *.*(*)(k) deal with professional misconduct and unethical behavior by health professionals.
- Confidentiality: Florida Statute *.*(*)(a) mandates confidentiality of medical records.
- Educational Neglect: Florida Statute *.* covers child abuse, which can include educational neglect.
- Professional Ethics: Florida Statutes *.*(*)(w) and *.*(*)(k) deal with professional misconduct and unethical behavior by health professionals.
- Confidentiality: Florida Statute *.*(*)(a) mandates confidentiality of medical records.
- Educational Neglect: Florida Statute *.* covers child abuse, which can include educational neglect.
explain each in detail and how it releates to my situation
- Parental Alienation: If the father manipulated your children against you, that can be considered parental alienation, which is taken into account in custody decisions under Florida Statute *.*(*)(c2).
- Professional Ethics: If the therapist acted unethically by influencing the custody decision without meeting you, that could violate Florida Statutes *.*(*)(w) and *.*(*)(k).
- Confidentiality: The therapist withholding records from you, a parent with joint custody, could breach Florida Statute *.*(*)(a).
- Educational Neglect: If your children's education suffered due to the father's actions, that could be considered neglect under Florida Statute *.*.
- Professional Ethics: If the therapist acted unethically by influencing the custody decision without meeting you, that could violate Florida Statutes *.*(*)(w) and *.*(*)(k).
- Confidentiality: The therapist withholding records from you, a parent with joint custody, could breach Florida Statute *.*(*)(a).
- Educational Neglect: If your children's education suffered due to the father's actions, that could be considered neglect under Florida Statute *.*.
Florida Statutes *.*(*)(w) and *.*(*)(k).
- Florida Statute *.*(*)(w) refers to the violation of professional conduct by health professionals, which could apply if the therapist acted unethically.
- Florida Statute *.*(*)(k) deals with professional misconduct, which might relate to the therapist's decision to withhold records or influence the custody decision.
- Florida Statute *.*(*)(k) deals with professional misconduct, which might relate to the therapist's decision to withhold records or influence the custody decision.
explain in detail
- Florida Statute *.*(*)(w): This law penalizes health professionals who violate rules of professional conduct. If the therapist acted unethically, like influencing the custody decision without proper assessment, they could be in violation.
- Florida Statute *.*(*)(k): This law addresses professional misconduct, including withholding records without legal reason, which the therapist may have done.
- Florida Statute *.*(*)(k): This law addresses professional misconduct, including withholding records without legal reason, which the therapist may have done.
therapist reduced services without cause when alienation, isolation, and neglect was occuring please tell me what was violated
Based on your situation, potential violations may include:
- Professional Misconduct: Reducing services without cause could violate Florida Statute *.*(*)(k).
- Parental Alienation: If the therapist's actions contributed to alienation, it could violate Florida Statute *.*(*)(c2).
- Child Neglect: If neglect occurred due to reduced services, it could violate Florida Statute *.*.
Please consult a local attorney for specific advice.
- Professional Misconduct: Reducing services without cause could violate Florida Statute *.*(*)(k).
- Parental Alienation: If the therapist's actions contributed to alienation, it could violate Florida Statute *.*(*)(c2).
- Child Neglect: If neglect occurred due to reduced services, it could violate Florida Statute *.*.
Please consult a local attorney for specific advice.
what is ineffective counsel
Ineffective counsel refers to a situation where a defendant's attorney does not perform their legal duty to their client in an effective manner. According to the U.S. Supreme Court's ruling in Strickland v. Washington, this can be a ground for appealing a conviction or sentence.
for family law or criminal?
The concept of ineffective counsel primarily applies to criminal law, per the Strickland v. Washington case. However, in family law, you may argue your attorney failed to represent your interests adequately, possibly leading to an unsatisfactory outcome. Consult a local attorney for specific advice.
what is due diligence and how a gal would commit this orange countyflorida
Due diligence in a legal context generally refers to the effort put by a party to avoid harm to another party or to uphold a standard of care. For a Guardian ad Litem (GAL) in Orange County, Florida, due diligence might involve:
- Thoroughly investigating the child's situation
- Observing interactions with parents
- Reviewing relevant documents
- Making reports to the court in the child's best interest.
- Thoroughly investigating the child's situation
- Observing interactions with parents
- Reviewing relevant documents
- Making reports to the court in the child's best interest.
how to file a complaint against a family law judge orlando fl
To file a complaint against a family law judge in Orlando, Florida, you can follow these steps:
*. Visit the Florida Judicial Qualifications Commission (JQC) website.
*. Complete the complaint form provided on the website.
*. Include detailed information about the incident and any supporting documents.
*. Send the completed form to the JQC.
Remember this is a serious matter and it's recommended to consult with an attorney before proceeding.
*. Visit the Florida Judicial Qualifications Commission (JQC) website.
*. Complete the complaint form provided on the website.
*. Include detailed information about the incident and any supporting documents.
*. Send the completed form to the JQC.
Remember this is a serious matter and it's recommended to consult with an attorney before proceeding.
what happens when you file this
When you file a complaint with the Florida Judicial Qualifications Commission:
- The JQC reviews your complaint.
- If it finds the complaint valid, it investigates further.
- Depending on the investigation's outcome, the judge may face disciplinary action.
Please consult with an attorney for specific guidance.
- The JQC reviews your complaint.
- If it finds the complaint valid, it investigates further.
- Depending on the investigation's outcome, the judge may face disciplinary action.
Please consult with an attorney for specific guidance.
judge takes away custody and no visitation even against the GAL and no reports were submitted in the case by the GAL what is the judge's duty he heard testimony from the therapeutic visitor is lmhc and my therapist is a ph.d lmhc and they testified that I wasn't unstable and I have PTSD with no hallucination and delusions where the GAL submitted her final reprot without an exit interview with me and a psychiatricist that did an evaluation
This sounds like a complex case. Have you already appealed the judge's decision? In Florida, judges should consider all relevant evidence and the best interests of the child before making a custody decision. If you think the judge didn't follow these requirements, it might be grounds for an appeal.
what else can be done
If you disagree with the judge's decision, you may consider the following:
- File an appeal: You can appeal the decision to a higher court.
- File a complaint: If you believe the judge acted unethically, file a complaint with the Florida Judicial Qualifications Commission.
- Consult an attorney: Seek advice from a family law attorney for the best approach.
- File an appeal: You can appeal the decision to a higher court.
- File a complaint: If you believe the judge acted unethically, file a complaint with the Florida Judicial Qualifications Commission.
- Consult an attorney: Seek advice from a family law attorney for the best approach.
how can we prove that he was unethical
To prove a judge acted unethically, you need to:
- Document instances of bias or misconduct.
- Gather evidence such as court transcripts or witness testimonies.
- Consult an attorney to evaluate your case.
- File a complaint with the Florida Judicial Qualifications Commission.
Please consult a local attorney for detailed advice.
- Document instances of bias or misconduct.
- Gather evidence such as court transcripts or witness testimonies.
- Consult an attorney to evaluate your case.
- File a complaint with the Florida Judicial Qualifications Commission.
Please consult a local attorney for detailed advice.
I wrote this to the thearpist please tell me if im wrong I have the right to request for information and the amount of services I have received prior to him getting full custody. This includes billing, treatment plans and progress notes for the past 3 years. This is not a threat this is me trying to understand why I lost custody to my children, why I paid for therapy when neglect, abuse and educational neglect was occurring while a therapist was overseeing my children. I understand that the psychological abuse came out under Dr fogel's direction and yet this was never reported or corrected but it was continue to be allowed for 3 years which is a long extended use of time where my children had barely any contact with me and none with my parents. I would also like to understand my Dr Fogle was making critical decisions about my case without ever meeting me or knowing the full implications of her decisions especially regarding my therapeutic visits. I have every right to understand what happened in treatment and for three years I received no feedback at all and there was no transparency. There were no provider reports from the GAL for three years which is standard practice. So I'm giving Dr fogle the opportunity to supply the information as Ms Lopez has showed derogatory remarks and false reporting without ever meeting me for 3 years and including a full investigation where the children were not under the control of a very abusive parent. Please submit her practice billing and the items I've requested as I have every right to understand the treatment progress that occurred for the last 3 years with these results.
Your letter seems to effectively communicate your concerns and your request for information. However, it's important to consult with a local attorney to ensure you're taking the right approach. Remember, in Florida, both parents with joint custody generally have the right to access their child's medical records.
she says i'm threatening her is this correct
Based on what you've provided, your letter seems to be a request for information, not a threat. However, the tone and content of messages can be interpreted differently by individuals. You may want to consult with a legal professional to ensure your communication is appropriate and effective.
is it
No, your letter appears to be a request for necessary information, not a threat. However, it's advisable to consult with a local attorney to ensure your communication is clear and proper.
explain more on this The concept of ineffective counsel primarily applies to criminal law, per the Strickland v. Washington case.
The concept of ineffective counsel comes from the Strickland v. Washington case. According to the case, a defendant can claim ineffective counsel if their lawyer's performance was so poor it denied them a fair trial. This primarily applies to criminal law. In the context of family law, if you believe your attorney didn't represent your interests adequately, you may consider filing a malpractice suit. Consult an attorney for advice.
does this include therapists or just attorneys
The concept of ineffective counsel generally applies to legal representation, so it would typically involve attorneys, not therapists. However, therapists are expected to adhere to professional standards. If they fail to do so, it may constitute professional misconduct.
can i use this against a psychological evaluator on a case that misdiganosed me did not observe me with the children and reported i had hallucinations an delusions when my psychiatirst and threapist state i have ptsd
Depending on the specifics of your case, you may be able to challenge the evaluator's findings. In Florida, you can:
- Request a second evaluation from a different professional.
- Cross-examine the evaluator in court.
- Present evidence from your psychiatrist and therapist.
Consult with a local attorney for personalized advice.
- Request a second evaluation from a different professional.
- Cross-examine the evaluator in court.
- Present evidence from your psychiatrist and therapist.
Consult with a local attorney for personalized advice.
what violations were committe
Based on the information you've provided, potential violations could include:
- Professional Misconduct: The evaluator may have violated Florida Statute *.*(*)(k) if they misdiagnosed you without proper evaluation.
- Breach of Professional Ethics: If the evaluator made a diagnosis without observing you with your children, it could be a violation under Florida Statutes *.*(*)(w).
- Misrepresentation: If the evaluator's report contains false information, it might be a violation of Florida Statute *.*.
Please consult a local attorney for more accurate information.
- Professional Misconduct: The evaluator may have violated Florida Statute *.*(*)(k) if they misdiagnosed you without proper evaluation.
- Breach of Professional Ethics: If the evaluator made a diagnosis without observing you with your children, it could be a violation under Florida Statutes *.*(*)(w).
- Misrepresentation: If the evaluator's report contains false information, it might be a violation of Florida Statute *.*.
Please consult a local attorney for more accurate information.
he also left my therapist out
If I understand correctly, the evaluator did not include input from your therapist in their assessment. Could you please clarify whether your therapist was willing and available to contribute to this evaluation?
Florida Statutes *.*(*)(w)
Florida Statute *.*(*)(w) concerns violations of professional conduct by health professionals. In your case, if the evaluator failed to include crucial input from your therapist during the assessment, this could potentially be considered a violation. Can you confirm if your therapist provided any relevant information for the evaluation?
if i file a complaint against the psychological evaluator what arguments do i have please list them in detail. he did not personally see hallucinations or delusions and stated that I needed a neurological exam for my white lesions sfom my coar accident he already had my medical records
Based on your situation, potential complaints against the psychological evaluator could include:
- Professional Misconduct: Not observing hallucinations or delusions firsthand but diagnosing you with them may violate Florida Statute *.*(*)(k).
- Breach of Professional Ethics: Ignoring crucial medical records could violate Florida Statute *.*(*)(w).
- Misrepresentation: Incorrectly stating you needed a neurological exam may violate Florida Statute *.*.
Please consult with a local attorney for specific advice.
- Professional Misconduct: Not observing hallucinations or delusions firsthand but diagnosing you with them may violate Florida Statute *.*(*)(k).
- Breach of Professional Ethics: Ignoring crucial medical records could violate Florida Statute *.*(*)(w).
- Misrepresentation: Incorrectly stating you needed a neurological exam may violate Florida Statute *.*.
Please consult with a local attorney for specific advice.
also he stated i was abusive and I never abused my children there is no evidence of this except hearsay
This is a serious claim. Have any charges been brought against you based on these accusations, or has any evidence been presented in court to support these allegations?
my exhusband also did not follow orders from * of being on medication and seeking counsel for the entire gal investigation what violation is this
Based on your situation, potential violations could include:
- Non-compliance with court orders: If your ex-husband failed to follow court orders regarding medication and therapy, it might be a violation of Florida Statute *.*(*)(c).
- Obstruction of justice: If his non-compliance affected the GAL investigation, it could potentially fall under Florida Statute *.*.
Please consult a local attorney for accurate information.
- Non-compliance with court orders: If your ex-husband failed to follow court orders regarding medication and therapy, it might be a violation of Florida Statute *.*(*)(c).
- Obstruction of justice: If his non-compliance affected the GAL investigation, it could potentially fall under Florida Statute *.*.
Please consult a local attorney for accurate information.
explain *.*
Florida Statute *.* pertains to "resisting officer without violence to his or her person." This means obstructing a law enforcement officer in the execution of legal duties, without offering or doing violence to the officer's person, is considered a misdemeanor of the first degree. In your case, if your ex-husband's non-compliance obstructed the GAL's investigation, it could potentially fall under this statute. Please consult with a local attorney for more specific advice.
how did it obstruct
If your ex-husband's failure to comply with court orders impacted the GAL's ability to accurately assess the situation, or made it difficult to conduct a thorough investigation, this could potentially be seen as obstruction. However, interpretation may vary, so it's advisable to consult a local attorney for specific advice.
tell me what this therapist violated for a complaint against her she is refusing to give me information I have the right to request for information and the amount of services I have received prior to him getting full custody. This includes billing, treatment plans and progress notes for the past 3 years. This is not a threat this is me trying to understand why I lost custody to my children, why I paid for therapy when neglect, abuse and educational neglect was occurring while a therapist was overseeing my children. I understand that the psychological abuse came out under Dr fogel's direction and yet this was never reported or corrected but it was continue to be allowed for 3 years which is a long extended use of time where my children had barely any contact with me and none with my parents. I would also like to understand my Dr Fogle was making critical decisions about my case without ever meeting me or knowing the full implications of her decisions especially regarding my therapeutic visits. I have every right to understand what happened in treatment and for three years I received no feedback at all and there was no transparency. There were no provider reports from the GAL for three years which is standard practice. So I'm giving Dr fogle the opportunity to supply the information as Ms Lopez has showed derogatory remarks and false reporting without ever meeting me for 3 years and including a full investigation where the children were not under the control of a very abusive parent. Please submit her practice billing and the items I've requested as I have every right to understand the treatment progress that occurred for the last 3 years with these results.
It seems like you're dealing with a complex situation. To better understand, can you clarify if the therapist has given a specific reason for not providing the requested information, beyond stating that the father has custody Answer:
give details of what was violated
Based on the information you've provided, potential violations by the therapist could be:
- Breach of Patient Confidentiality: Refusing to provide a parent with joint custody access to their child's medical records might violate Florida Statute *.*(*)(a).
- Professional Misconduct: If the therapist influenced the custody decision without comprehensive assessment, it may violate Florida Statute *.*(*)(w) and *.*(*)(k).
- Noncompliance with Standard Practice: Not providing regular reports during a three-year period of treatment could also be considered professional misconduct.
This is general information. Please consult an attorney for advice tailored to your situation.
- Breach of Patient Confidentiality: Refusing to provide a parent with joint custody access to their child's medical records might violate Florida Statute *.*(*)(a).
- Professional Misconduct: If the therapist influenced the custody decision without comprehensive assessment, it may violate Florida Statute *.*(*)(w) and *.*(*)(k).
- Noncompliance with Standard Practice: Not providing regular reports during a three-year period of treatment could also be considered professional misconduct.
This is general information. Please consult an attorney for advice tailored to your situation.
anything else is her noncompliance also an issue
Yes, noncompliance with court orders or professional guidelines can also be a serious issue. If the therapist failed to comply with any directives relating to your case, it could potentially constitute professional misconduct under Florida Statute *.*(*)(k). It's recommended to consult with an attorney for detailed advice.
it was court ordered for the children to be seen for 2x a month and the follow did not follow thorugh and the GAL did not hold this accountable please list
Based on your situation, potential violations could include:
- Non-compliance with court orders: Not following the court's instruction of having the children seen twice a month could be a violation of Florida Statute *.*(*)(c).
- Professional Misconduct: If the GAL didn't ensure the therapist's compliance, it might fall under Florida Statute *.*(*).
- Breach of Professional Ethics: The therapist's failure to adhere to the court order could potentially violate Florida Statutes *.*(*)(w).
Please consult with a local attorney for specific advice.
- Non-compliance with court orders: Not following the court's instruction of having the children seen twice a month could be a violation of Florida Statute *.*(*)(c).
- Professional Misconduct: If the GAL didn't ensure the therapist's compliance, it might fall under Florida Statute *.*(*).
- Breach of Professional Ethics: The therapist's failure to adhere to the court order could potentially violate Florida Statutes *.*(*)(w).
Please consult with a local attorney for specific advice.
does a threapist have to explain rduction of services?
In Florida, while there isn't a specific law requiring therapists to explain service reduction, ethical guidelines suggest that therapists should communicate changes in services to their clients. If abrupt changes are made without explanation, it could be seen as a potential breach of professional ethics under Florida Statute *.*(*)(w). Always consult with a local attorney for accurate information.
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