I recently signed an authority to release information(as I was compelled to cooperate with CPS) to request my VA mental health records. Specifically, monthly progress, notes, ISP's, current med's and records of any drug/alcohol abuse treatment. The VA released ALL my mental health records and then CPS further disclosed individual CPT therapy notes for PTSD into court petition to terminate my parental rights. I understand I signed a release but it wasnt for therapy notes and I thought patient - therapist communications are protected, the note consisted of my admittance to drinking an occasional beer and smoking marijuana to help with stress. In addition to that the caseworker for CPS lives directly across the street from me. And she disclosed false allegations and statements in her petition and I have documentations proving they are false. Is CPS violating my rights to not self incriminate and right of privacy and/or any other laws
Country relating to Question: United States
State (if USA): Arizona
revoked authorization but info had already been disclosed by va and redisclosed by cps
I am sorry to hear this is happening, but if you signed the authorization and it did not specifically mention they could only get certain records, I am afraid that they had a right to disclose all of that information to CPS. Once CPS obtained the information pursuant to the authorization, I am afraid it is too late to revoke it and any information they obtained pursuant to the release would be admissible in court. The only thing your attorney can try is to get the court to exclude that evidence based on it being more prejudicial than probative, but that will be very difficult to convince the court of since that type of information is relevant to a parental rights and custody issue.
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What about the false allegations the case worker submitted in the petition ive got all the paperwork backing me up that they are false. And my caseworker living across the street practically spying on me. Isnt that Conflict of Interest and violation of privacy
CPS is famous for fabricating evidence and lying and if you have evidence of them doing so, this is a separate issue from the release you signed. It is not a conflict of interest however for a case worker to live in your neighborhood. You would need to prove they have presented false evidence and if you do so you can not only win your case, but you can sue CPS and the case worker for their malicious false statements and seek damages from them.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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