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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I hope you can answer this My daughter has been on a SCRAM

Customer Question

I hope you can answer this
My daughter has been on a SCRAM monitor after being arrested for intoxication assault. She has been compliant since being on the monitor (October 2015) with no incident until recently. There was an "alleged violation" and the monitor indicated that she had consumed. She did not. She just finished a 60 day Anabuse? Program ordered by judge. As an aside she had been having issues with her monitor and has had to have it changed three times
She is in the middle of a custody dispute with her ex for their daughter. She has had a home study done and the lady who did the study is asking for the records for what happened with the violation. She doesn't want to turn in report until she has details of this. Pretrial services says they can't release records without some sort of paperwork or a subpoena.
Can you please tell me what kind of release she needs and how to go about doing so?
This is in Bexar County, San Antonio Texas.
Thank you
Submitted: 7 days ago.
Category: Legal
Expert:  Dwayne B. replied 7 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.

Customer: replied 7 days ago.
Good morning
Expert:  Dwayne B. replied 7 days ago.

They didn't provide her with a form?

What records are they trying to get? From where?

Expert:  Dwayne B. replied 7 days ago.

And good morning to you!

Customer: replied 7 days ago.
No one provided her with a form. The record the Home Study lady is looking for is information on the "alleged violation" that says she tested positive for consumption
Expert:  Dwayne B. replied 7 days ago.

Okay, then most likely what she is wanting is a HIPAA release, even though she doesn't really need one because the DA can just subpoena the records.

HIPAA is a very broad federal law covering disclosure of medical records. There are a number of exemptions in it which would allow a court to just order the records without going through this hassle but interestingly I have never seen one do it. They always want a HIPAA form signed.

Would you like for me to find a HIPAA authorization form online for you?

Customer: replied 7 days ago.
Will this be enough for them to release that record to The Home Study person?
What would my daughter need to do?
Expert:  Dwayne B. replied 7 days ago.

It should be. She would just need to fill it out and sign it and give it to them. Since they haven't told you what they need, this is the most likely form.

I'll give you a link to two of them, one is a little more formal than the other and is put out by the Texas AGs office, the other one is a little easier but either one will work.

What she should do is take both of the to whoever wants it and then let them choose which form they want to use and fill it out there with them.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 7 days ago.
Thank you.
When I go to the attorney General website it takes me to crime victims?
Is there something I am missing?
Expert:  Dwayne B. replied 7 days ago.

That should take you directly to a form, it does on my computer. It is a PDF form, which is by the end there is PDF. It doesn't have anything to do with criminal victims. Be sure you get all of the link cut and pasted.

Expert:  Dwayne B. replied 7 days ago.

If that still isn't working, copy this link (it is a Google Search) and then the top one will be the AG form:

Expert:  Dwayne B. replied 7 days ago.

Did the link work that time?