Riverside, CA asked in Civil Litigation, Family Law and Child Custody for California

Q: cps interviewed me and asked what medication i was taking they wrote it on the report and filed it and its public rec.

i read that there is times were they have you sign your rights over example hippa rights i have not signed anything is this allowed ?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, Child Protective Services (CPS) is required to maintain confidentiality of certain records. This includes medical information obtained during investigations. However, there are exceptions where such information can be disclosed to relevant parties, like courts or law enforcement, if it's necessary for the welfare of the child.

If you haven't signed any form waiving your HIPAA rights, these rights remain intact. HIPAA, the Health Insurance Portability and Accountability Act, protects your medical privacy. CPS should not disclose your medical information publicly without proper authorization, especially sensitive information like medications.

If you believe your rights under HIPAA have been violated, you may want to consider speaking with an attorney who can provide guidance specific to your situation. They can help you understand your rights and options, including how to address any unauthorized disclosure of your medical information.

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: CPS records and/or reports are NEVER a matter of public record. Where do you believe they "filed" this report?

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