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We just moved into a new apt. and before I could babyproof house my 2.5 yr old daughter climbed the stove and got 2nd degree burns on her rear end. We took her to the hospital and they called ACS. A social worker arrived and took notes, her supervisor scheduled an appointment with me, she was hostile and aggressive and I felt like she was turning my honesty into a serious case. My boyfriend has been hospitalized with depression and I take an anti-depressent for an anxiety disorder. She made assumptions that we were 2 mentally ill people caring for a child. I will leave out details but I left there upset and scared. I have another appointment with her tomorow. Do I have a legal right to tape the conversation?
State/Country relating to Question: United States
You certainly do if she will agree to it. Otherwise, the legality of recording someone without their knowledge and permission varies from state to state.
I suggest that you place the recorder on the table, announce the date and time and that you are speaking with Ms. X of ACS. If she objects, ask why, and state that you are only doing this to preserve the conversation and make sure that there are no disputes later as to what was said. If she still refuses, state that you will be happy to meet with her again at a later time with a witness of your choice in the room, again to prevent a "you said this/no, I didn't" situation. In any event, leave the recorder on as long as possible.
If she becomes beligerent, excuse yourself and leave, and go get a criminal law attorney. Even though you did nothing wrong, I have seen too many times where the state agency employees seem to be looking to build a case against someone rather than find out the facts, so it is best to get ahead of them by getting representation.
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Attorney
Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.
I have a little more to add, I signed a form releasing my medical records and now I regret doing that because of the way this ACS woman interprets such matters. My boyfriend is presently hospitalized with another bout of depression. He has signed nothing. Can I avoid talking about him altogether? and is there anyway for my to refuse permission to my medical records even though I have signed that paper? btw... I live in Manhattan NY. Would you recommend going right to a criminal law attorney and not trying to go this on my own?
If she has not obtained the records, you can contact the doctors' offices and revoke the release. This may have to be in writing. I can tell you that doing so is likely to make the ACS worker even more suspicious, but it will keep her from rummaging through your records. You could see if your doctor will write a letter on your behalf, stating your condition (briefly) and that based on his treatment and observations of you there is no reason known to him that you are not capable of raising a child.
You also can tell her that you do not feel comfortable talking about your boyfriend's condition, because you are not totally familiar with it and do not wish to misstate his condition.
Being in NY means that your attorney fees will be higher. My concern is that the ACS worker knows how to play the system and you do not. In these cases, often the best defense is a good offense, because otherwise you are always fighting from behind after the state agency has acted.
I hope this helps.
so I will go there tomorrow and if I feel antagonized in any way or she refuses to be recorded I will excuse myself and contact an attorney. I will call my doctor to explain the situation, but I will not retract my medical records. Does that sound like a good plan?
I think you are on the right track. Make sure that you say that you just want to record the meeting to make sure that there are no misunderstandings. Good luck.