It is standard practice for Child Protective Services (CPS) to request HIPAA consent for mental health records and to speak with any mental health providers who treat you or your child(ren) when there is suspicion of a mental health diagnosis, a mental health diagnosis is disclosed, or CPS believes there is a mental health concern I na household member. 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 mental health records or treating mental health professionals can be a big mistake, too- as can denying having any mental health providers at all. If CPS believes there is a mental health concern, this could be seen as neglect if it’s your child(ren) or a risk to the child(ren) if it’s a household member. This begs the following question: what should I do about requests for mental health information in the face of a CPS case?
During an investigation, CPS will typically request your signature on HIPAA consent forms for medical and mental health records from each provider for each child and adult household member as relevant, as well as oral correspondence with each provider. Many parents assume that as long as they’re ensuring adequate mental health care is sought and provided, this won’t be a problem, This assumption can be a grave mistake, as how CPS defines adequate mental health care or how they see your efforts may not be identical to how you see it- it may not even be similar. When CPS shows up, you’re not playing by your rules- you’re playing by theirs and the rules aren’t changing in the next week. Your objections will fall on deaf ears. If CPS says it’s neglect and you say it’s not, the allegation(s) will be substantiated, as CPS is the one making the judgment call. The goal is to get CPS out of your life as quickly as possible with your rights and your family intact and if you give CPS reason to be suspicious or are too resistant, a case can turn from 60 days or less into a legal circus lasting years- and with long-term consequences.
As a general rule, we at Heartwork Defense recommend against signing HIPAA consent forms for mental health records or for CPS to speak with your or your child(ren)’s mental health providers. CPS is looking for evidence the reported allegation(s) are true- not evidence the allegation(s) are false. The less information they collect, the less information they have to make a determination and the more likely the allegation(s) will be unsubstantiated. This is why trying to prove to CPS how good a parent you are isn’t effective. It’s more information for them to use and depending on the standard of evidence required to determine 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.
If the mental health condition is mild like a case of ADHD where no medication is prescribed or there is no treatment needed, we don’t recommend mentioning it at all. If CPS could find out through a child’s special educational services at a public or charter school or through other means, don’t hide it if they ask, but don’t volunteer the information, either. This reduces the likelihood CPS sees you as intentionally withholding information.
That being said, if it is advisable for you to reveal the mental health condition of a household member or CPS expresses a mental health concern, 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 they might interpret unfavorably to you.
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 case 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 case. The more prepared you are, the better off you’ll be.