As part of a divorce, custody, guardianship or other family law matter, children’s medical records are often sought to address any number of issues. Perhaps the child’s caregiver needs certain medical records for a child to be enrolled in school or an activity/sport. A parent may need the children’s medical records to determine whether child support should continue past the age of nineteen (19) if there is a severe medical issue where the child is incapacitated and there is a divorce action pending.1 Nevertheless, an individual’s medical records, including those of children, are protected under state and federal law, specifically HIPAA.2 ...
October 10, 2017CD
Until July 1, 2014, paternity actions in Indiana were considered confidential. While divorce cases and other litigation was public record, to which anyone had access, paternity records were sealed, and even attorneys, without an appearance, were unable to review same. Under new Indiana law, however, this confidentiality is no more1. Like divorce cases, paternity cases are now public record, and can be accessed. This update to the law puts the relatively similar paternity and divorce cases on an equal field regarding access. Now, an attorney or staff can call the Court to get updates, or check an online docket. Before, without ...
December 30, 2014CD
In a matter involving custody, one big issue parents often face are records regarding the children- medical/health records are just one (1) common example. But who all has access to these records? In short, it depends. Generally, both the custodial and non-custodial parents are entitled to access to the children’s health records. Both parents are equally able to call up a provider and request records. If there is a protective order or other limitation on one parent, these records may not be accessible. But under Indiana law1, both parents are generally entitled to their children’s health records. There are limitations to information ...
May 29, 2014CD
Where Is The Threshold To Mental Health Disqualification? A question I am asked frequently as I lecture nationally on gun topics is, “can taking prescription medication disqualify me from owning a firearm- based on my mental health?” This is a problem for veterans who sign a standard VA power of attorney over their affairs as they get older–they become disqualified automatically without regard to mental acuity. At some point, with 1:4 ratio of mentally ill people in the US adult population,1 this is going to draw state and federal law makers attention. This will be considered in the context of the total ...
November 21, 2013CD
It can be unnerving during the course of litigation to turn over to your attorney and even opposing counsel personal information. In a family law case for example, discovery can consist of providing tax returns, bank statements, medical records, and even phone records. Much of this information is personal to you, and would not even be shared with extended family or the closest of friends. However, now you are handing it over to your attorney and opposing counsel. The reasoning behind this is that your attorney cannot advocate what is best for you without all of the information. Even still, it ...
May 17, 2012CD