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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111550
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter has been in residential care years.

Customer Question

My daughter has been in residential care for several years. She was admitted to the psych ward from one of these places and then sent to a CBAT setting. She wrote a letter and gave it to the staff about how much she hates herself hates her parents (us) That we have done many abusive things to her...we asked for a copy of the letter and they refused. We are still her legal guardians, we attend all meetings and have to sign all paperwork. Is there any reason why we can't have a copy of her writings, letter or whatever it is called. It was not addressed to any particular person. They are also using it to file a 51a against me for slapping her across the face 6 or more years ago. I did not deny it, I was truthful. But that was a long time ago. PLease let me know what we can do to get at least a copy of it.
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They have a privacy right as those documents are part of her medical care. If she has given consent (even though you are her guardian and parents) you can get the information. If she will not get consent, the records are protected by medical privacy laws.

The only way you are going to get this is you are going to have to seek to file suit in court to seek her release back to your custody and then you can seek to subpoena those records. The prior abuse that is more than 5 years ago without any further issues is typically disregarded, but the court does that on a case by case basis. At this point, if you are not represented by legal counsel here, you should be if you want to be able to get control of her again.