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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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CPS question...
does anyone know if CPS can get someone's medical records? Mostly, a drug test done in a hospital? thanks
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Posted 6/24/15 3:59 PM  |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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CPS question...
only if the PATIENT has authorized the hospital to release the records SPECIFICALLY SAYING TO INCLUDE DRUG/ALCOHOL records. Otherwise, no way, that would be a major HIPAA violation.
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| Posted 6/24/15 4:08 PM |
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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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CPS question...
it is the parent with the suspected drug use.. I thought that if a govt agency (law enforcement, cps, etc) requested it they could give it over.
Message edited 6/24/2015 4:21:04 PM.
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| Posted 6/24/15 4:20 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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CPS question...
No one has any rights to those records unless EXPLICITLY stated by the patient.
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| Posted 6/24/15 4:31 PM |
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chilltocam
LIF Adult
Member since 11/11 9141 total posts
Name:
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Re: CPS question...
Posted by jessnbrian
No one has any rights to those records unless EXPLICITLY stated by the patient.
That is not 100% correct. There are some gov't agencies (don't know if CPS is one of them), that could, under some circumstances, gain access to records. But they have the same confidentiality requirements under HIPAA
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| Posted 6/24/15 4:41 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: CPS question...
Posted by chilltocam
Posted by jessnbrian
No one has any rights to those records unless EXPLICITLY stated by the patient.
That is not 100% correct. There are some gov't agencies (don't know if CPS is one of them), that could, under some circumstances, gain access to records. But they have the same confidentiality requirements under HIPAA
It would take A LOT for them to obtain it, and I'm 99.9999% sure that CPS isn't one of them.
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| Posted 6/24/15 4:46 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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CPS question...
I could be totally wrong, but I can't think of any agency that I would send records to without a signed release. Worker's Compensation requests records without a separate release, but that's because the release is included in the paperwork the patient completes prior to being seen.
Sorry, I'm just thinking this out... Police would require a warrant for the records, and I don't know if CPS can execute a warrant, but if they could get the police to obtain and execute one, that would be the only way I could see the records being released.
Message edited 6/24/2015 4:56:05 PM.
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| Posted 6/24/15 4:51 PM |
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Re: CPS question...
Posted by Aries14
does anyone know if CPS can get someone's medical records? Mostly, a drug test done in a hospital? thanks
Like for a newborn? I believe they test newborns and if positive CPS is called. If not I believe they need a warrant for any medical records.
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| Posted 6/24/15 5:10 PM |
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Re: CPS question...
Posted by Aries14
it is the parent with the suspected drug use.. I thought that if a govt agency (law enforcement, cps, etc) requested it they could give it over.
Only with a warrant or subpoena most likely.
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| Posted 6/24/15 5:11 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: CPS question...
Posted by BaseballWidow
Posted by Aries14
it is the parent with the suspected drug use.. I thought that if a govt agency (law enforcement, cps, etc) requested it they could give it over.
Only with a warrant or subpoena most likely.
I would think warrant, I deal with subpoenas regularly and they all must include a signed HIPAA authorization for release of records with the section for drug, alcohol, and mental health initialed.
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| Posted 6/24/15 5:19 PM |
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BlackJack96
LIF Infant
Member since 6/08 245 total posts
Name:
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Re: CPS question...
The tl:dr answer is yes.
Speaking about children CPS has the right get information if they are called in on a case. To "formally" get the records they need to make a request.
THose of us who work with children are mandated reporters to CPS. Say a child comes to the hospital and the medical team has concerns due to a finding on a urine drug test. CPS would be called and in their interview of the medical team they would learn about the drug test.
If there are serious issues and they need to go to court then they would formally request the chart.
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| Posted 6/24/15 5:47 PM |
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Re: CPS question...
Posted by BlackJack96
The tl:dr answer is yes.
Speaking about children CPS has the right get information if they are called in on a case. To "formally" get the records they need to make a request.
THose of us who work with children are mandated reporters to CPS. Say a child comes to the hospital and the medical team has concerns due to a finding on a urine drug test. CPS would be called and in their interview of the medical team they would learn about the drug test.
If there are serious issues and they need to go to court then they would formally request the chart.
I think she means of the parent, not the child. How would that work?
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| Posted 6/24/15 5:55 PM |
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BlackJack96
LIF Infant
Member since 6/08 245 total posts
Name:
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Re: CPS question...
If she means of the parent I think they would need a court order to make the parent take a drug test? Not 100% sure. It would help if the OP posted the scenario in question.
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| Posted 6/24/15 6:07 PM |
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Blubtrflygrl
LIF Adolescent
Member since 5/15 609 total posts
Name:
allison
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Re: CPS question...
I'm sure it may be a little easier because I believe CPS works a lot with the court system.
It probably is a process though.
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| Posted 6/24/15 6:09 PM |
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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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CPS question...
The adult was in a car accident and police told hospital they suspected drug use. The hospital ran a blood drug test. That is the info I am wondering if cps could get if called. I believe they did the drug test at the request of the cop.
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| Posted 6/24/15 6:54 PM |
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Sash
Peace
Member since 6/08 10314 total posts
Name:
fka LIW Smara
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Re: CPS question...
Posted by Aries14
The adult was in a car accident and police told hospital they suspected drug use. The hospital ran a blood drug test. That is the info I am wondering if cps could get if called. I believe they did the drug test at the request of the cop.
I think they can probably get a copy of the police report and it may be listed on their from the cops statement.
However, I had to sign a release for medical and finger print background check for DYFS (nj CPS) to get access to my records.
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| Posted 6/24/15 7:36 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: CPS question...
Posted by Sash
Posted by Aries14
The adult was in a car accident and police told hospital they suspected drug use. The hospital ran a blood drug test. That is the info I am wondering if cps could get if called. I believe they did the drug test at the request of the cop.
I think they can probably get a copy of the police report and it may be listed on their from the cops statement.
However, I had to sign a release for medical and finger print background check for DYFS (nj CPS) to get access to my records.
If it was somehow added to the police report, they can get that. But hospital records, I would imagine would need a warrant. If it was a child, totally different, yes.
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| Posted 6/24/15 7:38 PM |
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MrsS6510
2 girls?!?!?
Member since 9/10 3318 total posts
Name:
L
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Re: CPS question...
Who called CPS? Whoever called CPS can release any information without a consent. If CPS calls anyone else involved with the family, the family must sign a release first. I am a mandated reporter. If I call CPS on a parent, I can give CPS any information wihtout a release as long as I feel it's relevant. However, if CPS then calls a different agency that might be involved with the family, they would need a release of information to speak with them.
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| Posted 6/24/15 7:43 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: CPS question...
Posted by MrsS6510
Who called CPS? Whoever called CPS can release any information without a consent. If CPS calls anyone else involved with the family, the family must sign a release first. I am a mandated reporter. If I call CPS on a parent, I can give CPS any information wihtout a release as long as I feel it's relevant. However, if CPS then calls a different agency that might be involved with the family, they would need a release of information to speak with them.
That's really interesting and good to know.
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| Posted 6/24/15 8:03 PM |
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Re: CPS question...
Posted by Aries14
The adult was in a car accident and police told hospital they suspected drug use. The hospital ran a blood drug test. That is the info I am wondering if cps could get if called. I believe they did the drug test at the request of the cop.
If it was a driver and they were found to be under the influence I would think they'd be arrested. And if a child was in the car there would be additional charges. If there was no arrest then most likely no drugs in the system.
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| Posted 6/24/15 8:22 PM |
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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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CPS question...
Child was not in car at the time of accident - cop said the adult would have been arrested but needed to go to hospital for injuries. And he told doctors to do blood work. It was a single car accident. Family was told adult could still get a summons to show up in court for DUI in the mail.
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| Posted 6/24/15 8:33 PM |
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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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CPS question...
I should add that the child was in the car only 5 minutes before the accident.
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| Posted 6/24/15 8:36 PM |
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Sash
Peace
Member since 6/08 10314 total posts
Name:
fka LIW Smara
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Re: CPS question...
Posted by Aries14
Child was not in car at the time of accident - cop said the adult would have been arrested but needed to go to hospital for injuries. And he told doctors to do blood work. It was a single car accident. Family was told adult could still get a summons to show up in court for DUI in the mail.
To be honest based off this since the child was not in the car, I don't even think CPS will be involved. And even if someone made a complaint to CPS, it will be hard to prove child neglect based solely off of this incident. It sounds like since they went to the hospitals they may even be able to fight the DUI and get it trumped down. Not saying this right but it's the way it works, especially if they get a good lawyer.
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| Posted 6/24/15 9:52 PM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: CPS question...
Posted by Sash
Posted by Aries14
Child was not in car at the time of accident - cop said the adult would have been arrested but needed to go to hospital for injuries. And he told doctors to do blood work. It was a single car accident. Family was told adult could still get a summons to show up in court for DUI in the mail.
To be honest based off this since the child was not in the car, I don't even think CPS will be involved. And even if someone made a complaint to CPS, it will be hard to prove child neglect based solely off of this incident. It sounds like since they went to the hospitals they may even be able to fight the DUI and get it trumped down. Not saying this right but it's the way it works, especially if they get a good lawyer.
I agree with this. Is cps involved with the family for previous issues that are being investigated?
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| Posted 6/25/15 6:42 AM |
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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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Re: CPS question...
Posted by jessnbrian
Posted by Sash
Posted by Aries14
Child was not in car at the time of accident - cop said the adult would have been arrested but needed to go to hospital for injuries. And he told doctors to do blood work. It was a single car accident. Family was told adult could still get a summons to show up in court for DUI in the mail.
To be honest based off this since the child was not in the car, I don't even think CPS will be involved. And even if someone made a complaint to CPS, it will be hard to prove child neglect based solely off of this incident. It sounds like since they went to the hospitals they may even be able to fight the DUI and get it trumped down. Not saying this right but it's the way it works, especially if they get a good lawyer.
I agree with this. Is cps involved with the family for previous issues that are being investigated?
There are other issues and incidents. This is just the only time a drug test was actully taken by the hospital. Which is why I am wondering if cps could get the results. The only "real" evidence thats not hearsay
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| Posted 6/25/15 8:51 AM |
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