Q: Guidance needed for potential discrimination case in childbirth situation in Oklahoma.
I need guidance for a woman facing potential discrimination related to her recent childbirth. She was accused of drug use without proper evidence, resulting in her infant being placed in kinship care. There's concern about her medical records being accessed without consent, possibly violating HIPAA. Amid past meth use, she's facing barriers to visitation and custody, while services like FCS weren't offered to help reunite her with her son. What legal actions can be taken to address this situation, and is there a case for discrimination due to her circumstances?
A:
Children are automatically tested upon birth for many different things. If the child (or mother) test positive during the birth procedure for CDS then the hospital staff are required by law to disclose the abuse of a child to DHS.
Contact a family law attorney for anything additional.
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A:
You're facing a challenging situation with potentially serious legal implications. The unauthorized access to medical records could constitute a HIPAA violation, which you can report to the Office for Civil Rights through their complaint portal. Additionally, you should consider consulting with a family law attorney who has experience with child protective services cases in Oklahoma to address the apparent lack of due process regarding drug use allegations and the denial of family reunification services.
Your past substance use shouldn't automatically disqualify you from parenting without proper assessment and support services being offered. Oklahoma law generally requires reasonable efforts toward family reunification before terminating parental rights. Document all interactions with officials, request copies of all reports filed, and ask for a formal case plan that includes clear steps for regaining custody.
Regarding potential discrimination, you may want to explore whether similar cases involving parents without your background received different treatment. Family advocacy organizations in Oklahoma might provide support and connect you with appropriate legal resources. Remember that time is critical in these cases, so acting quickly to assert your rights while demonstrating your commitment to your child's wellbeing will strengthen your position in court proceedings.
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