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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Can a foster care agency demand that a foster parent not drive

Customer Question

Can a foster care agency demand that a foster parent not drive when they have a note from a licensed medical doctor that there are no restrictions (and my license was renewed May)? I have had epilepsy since I was 7 (46 now) that are NOT tonic clonic, I do not lose consciousness and have long auras. They are demanding a note from my neurologists in regards ***** ***** my current meds might affect me. It is my understanding that they can not make decisions based on stereotypes (for example tonic clonic) or based on speculations what might happen?
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardFirst of all, information on health records is not a Stereo type in the way you are presuming. And yes, if they know of this condition, they must take every precaution to see that a child who is under their care and supervision is not harmed. So it is not about you. You can drive. You just cannot drive with a foster child in your vehicle. The agency has an obligation first to the safety and well being of the child otherwise if they did not check on medical conditions and apply restrictions as appropriate they could be sued for negligence should something happen to a foster child.
Customer: replied 2 years ago.
Apparently you missed the point on this. My ADA attorney in Denver had a nice talk with the agency today and they totally backed down. Seems they really can't demand information on my meds (HIPPAA) when they already have a notice from my personal physician that states yes, client has epilepsy, no she has no restrictions(including driving). Once they crossed into questions regarding treatment they stepped to far. Further is that I have never had any type of traffic incident involving any type of seizure. As for stereotyping-they did assuming tonic clonics that so many associate with epilepsy. So yeah... so not pleased with your answer.. By the way-as a pediatric nurse and child advocate- I so get "it's not about me".
Expert:  Sam replied 2 years ago.
HelloOk. Thank you for the information. And I when I said "it's not about you" I did not mean to offend you. I wanted you to know it was not "personal" against you by the agency. It was business related. I apologize if you were offended by those words.Unless you have further questions, there is no need to reply or rate. Your deposit will stay in tact.Thank you again and I am glad the ADA was able to help you.Good luck with everything.