Custodial Rights And Hipaa

Summary

As a legal custodian in Tennessee, you generally have the right to access and control the childs medical records. The birth mother, without custodial rights, typically does not have access. Confirm your rights in the court order and consult with an attorney or DCS for specific guidance on HIPAA rights.

Full Conversation

I have legal custody of an infant through DCS and Juvenile Court order. I’m the Aunt of the child. I have had him for 14 months, and he is 15 months. The birth mother wants medical records. Am I not covered by HIPAA ?
In Virginia, as the legal custodian, you are generally responsible for the child's medical decisions and record access. HIPAA typically allows parents or legal guardians access to medical records, but specifics can vary by case.
- Confirm your custodial rights in the court order.
- Consult with your attorney or DCS for guidance on HIPAA rights in this situation.
Do you need help finding any contact information?
This is in Tennessee
In Tennessee, similar principles apply. As the legal custodian, you typically have the right to access the child's medical records. However, it's important to:
- Review your custody court order for specific rights.
- Consult with an attorney or DCS for clarification on HIPAA rights in your case.
Would you like assistance finding contact information for local legal resources?
I have complete rights to his medical decisions.
Case Rating: *
Since you have complete rights to his medical decisions, you likely have the right to access and control his medical records. However, always ensure your rights are clearly outlined in the court order. Consulting with an attorney or DCS can provide further clarity. If you need contact information for legal resources, let me know!
The birth mother never has had custody of this child. Tennessee took her rights away at birth.
Case Rating: *
As the legal custodian, you have control over the child's medical records and decisions. The birth mother, having had her rights terminated, generally does not have access to these records. However, confirming this with your attorney or DCS is a good step. If you need legal resources, feel free to ask!
Her rights are not terminated yet. But she has no custodial rights to the child.
Case Rating: *
In Tennessee, as a legal custodian, you generally have the right to control access to the child's medical records. Since the birth mother has no custodial rights, she typically wouldn't have access. It's wise to verify this with an attorney or through DCS. Would you like any specific legal resource contacts to assist you?
Ok that’s what I needed to know.
Case Rating: *
It seems like you have a good understanding of your rights as the legal custodian. If you have any more questions or need assistance in the future, feel free to reach out. Take care!
I will thanks
Case Rating: *
It sounds like you have a good grasp of your custodial rights regarding medical records. If you ever need more detailed legal advice or assistance, don't hesitate to consult with a local attorney or contact DCS. Let me know if there's anything else you need!