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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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We have a child that was starting to get out of control and

Customer Question

We have a child that was starting to get out of control and we were informed by D.C.F.of a program called Family Preservation. We were told that if we wanted to go this route it would be a 1 year commitment. We decided to try it out. It wasn't going anywhere in fact things got worse and the problems started involving law inforcement. We had got our son in to see a therapist that was referred to us by this organazation and things were going ok at first but that all started falling apart and our son ended up in court because of a theft and we asked the court to place him somewhere where he could get the help he so desperately needed and his therapist made a very good recommendation. Instead of making a placement the court made it a case of CINC and removed him from the home and put him in foster care. And the same organazation that handled the Family Preservation are the Community Services that deal with the foster care and adoption services here. Our son was placed in a boys home. Now as far as any kind of communication between us and this organazation as to what they were doing for reintegration or anything was absolutely nothing. Our son is the biological grandson of my husband. He adopted him and his brother and when we got married we adopted the boys baby sister and then I did a step parent adoption on the boys. The kids mother had no legal rights and had only been a part of their lives for a couple of years. Now keeping in mind that our son was not removed from our home because of anything we did or didn't do and our rights have not been legally terminated but they have been so violated. We have not been informed of any kind of decision made about our son and the only information we have gotten we have received from his birth mom who has no legal rights. This community service organazation has called her and talked to her and informed her of every detail involving this child. We have never signed or given any kind of oral consent for them to talk to anyone but his counselor and his doctor to give any information period. But his birth mother is where we get our information not from this organazation that is handling this. Now we have heard from our 10 year old daughter that he is now living with his biological uncle and his family. His uncle has spent his life in prison all but about the last 3 years and he is a registered sex offender and has just in the last month been able to go back home to live with his family. He was removed from the home due to suspisions of indecent libertys with his step daughter and his drug addiction. This is our story now can you tell us if we have a case of our HIPAA rights being violated. Thank you for taking the time to read this and please advise if you can.
Sincerely Lisa
Hutchinson, Ks.
Submitted: 29 days ago.
Category: Legal
Expert:  Dwayne B. replied 29 days ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 29 days ago.

Is there a specific question with which I could assist? It's very hard for us to answer general questions and provide answers that are helpful to the customer plus when we have to give general answers because the question is general invariably the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Expert:  Dwayne B. replied 29 days ago.

As to whether your HIPAA rights were violated, it is unlikely because the DCF isn't a "covered entity" under HIPAA.