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My ex has been taking my son and daughter, ages 11 and 13,

to see an LMFT to...
My ex has been taking my son and daughter, ages 11 and 13, to see an LMFT to address some “anxiety issues” I was not aware of.Do I have any right to review the records associated with the therapy such as intake forms, session notes, observations, recordings etc?If so, please let me know any California laws or ethical guidelines that provide me with access to my kids’ information.Also, my possession plan says I have a right to such access.
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Answered in 1 hour by:
5/21/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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Thanks for your patience. As the parent, the answer is yes, you have the right to review the documentation unless a family court has ordered otherwise. You won't need any specific codes or ethical guidelines. The law allows parents of minors to review their medical documentation. The only thing that would prevent it is a court order from a judge that specifically says otherwise. But if you need anything, you could cite CA Fam Code Sections 3020-3032. Those spell out the rights generally of parents in regards ***** *****

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
one more thing. I have asked the therapists involved to provide me with pertinent documentation and so far they have refused. In one case it has been several months, and in the other case almost 30 days. What is my recourse?

You may want to consider just writing a formal demand letter that they turn this documentation over to you or cite some legal authority that would suggest they have the ability to do so. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If that doesn't work, then you could file a complaint with the CA Dept. of Health, advising that your child's records are being withheld illegally.

How else can I help you today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,425
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Customer reply replied 3 months ago
ok, thanks I will look into that

You're too kind. Thank you!

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