It is standard practice for CPS to request HIPAA consent for medical records and to speak with any medical professionals who treat your child(ren). More often than not, families often provide this consent because they believe they have nothing to hide- that can be a big mistake. Conversely, refusing any and all access to medical records or treating medical professionals can be a big mistake, too. This begs the following question: what should I do about requests for medical information in the face of a CPS case?
There are three different types of records families should be concerned with: medical records, hospital records and vaccination records. Medical records consist of any notes, images, test results and other information on file with medical professionals outside of an inpatient or emergency hospital environment. Hospital records are any emergency or inpatient hospital records. Vaccination records are documentation of any and all vaccinations your child(ren) have had during their lifetime, including types of vaccinations and dates of administration.
While all medical records require HIPAA consent for CPS to access, the same is not always true for hospital records. Unlike private hospitals, public hospitals are owned by the government and as such, hospital records at public hospitals may be accessible to CPS without your notification or consent if they have a memorandum of understanding with the medical records department. While this is not the case in every jurisdiction, it should be assumed. Vaccination records, on the other hand, may be on file with the government or public schools, making it easy for CPS to access those records without your notification or consent- and they often do.
During an investigation, CPS will typically request your signature on HIPAA consent forms for medical records from each medical provider for each child, as well as oral correspondence with each provider. Many parents assume that as long as they’re ensuring their children have adequate medical care, that this won’t be a problem. The assumption can be a grave mistake, as how CPS defines adequate medical care or how they see your efforts may not be identical to yours- it may not even be similar. However, when CPS shows up, you’re not playing by your rules- you’re playing by theirs. Your objections will fall on deaf ears. What you see as adequate medical care may not be what CPS sees as adequate medical care and if CPS says it’s medical neglect and you say it’s not, CPS is still determining you as medically neglecting your child.
If your child is young and undiagnosed or has a rare medical condition, you may have your child see many specialists and have many appointments. This may be seen as Munchausen’s Syndrome by Proxy and this is considered medical neglect. CPS typically runs cases like this by an internal or contracted medical consultant and their assessment holds weight with CPS that neither your account, nor those of your child(ren)’s provider(s) have. This makes families with young children who have rare or undiagnosed medical conditions especially vulnerable to a CPS nightmare.
As a general rule, we at CPSprotect Consulting Services recommend against signing HIPAA consent forms for medical records or for CPS to speak with your child(ren)’s providers. CPS is looking for evidence the reported allegation(s) are true- not evidence the allegations are false. The less information they collect, the less information they have to make a determination and the more likely the case will be unsubstantiated. This is why trying to prove to CPS you’re a good parent doesn’t work. It’s more information for them to use and depending on the standard of evidence required to rule against you, they may not need much. However, if you resist too much, CPS will be all too happy to seek a court order, costing you any control you do have over the interactions.
Therefore, you need to keep CPS happy with evidence, while restricting access to the entire record. Instead of signing over access to the medical records, we recommend getting letters from each of your child(ren)’s medical providers signed by them on their professional letterhead detailing the last time they were seen and a statement that the provider has observed no signs of child abuse or neglect. Giving this to CPS maintains the credibility of the provider, while restricting access to information.
When CPS shows up, you’re under the microscope. CPS is combing through every aspect of your life as it relates to the children in theory and in reality. They trust their own consultants more than they trust your or your child(ren)’s providers. If you minimize CPS’ access to information, while providing them with the quality of information they need to make a determination, you put yourself in a much better position to get through a CPS investigation quicker with your family intact and your rights as they were before CPS knocked on your door. This is what it means to successfully navigate the minefield that is a CPS investigation. The more prepared you are, the better off you’ll be.