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I haven't even met the adoption worker yet... Do I just come off as pushy?? I don't want to start the relationship this way!
Here is our correspondence:
Hi SW,
I am wondering when we will have the opportunity to view the kids' files. I've asked CYF about it, but received no response.
Thank you,
Me
Hi STAP,
The childrens files are property of CYF. You will not have the opportunity to review the files of CYF. You will receive a child profile that is written and will be a complete composition of the files. If the family services worker has already made the referral, I will review the child profile to insure of its accuracy and completeness. If there are things missing or inaccurate, I will have the writer correct it. The child profile will tell you where the children receive medical care and education, etc. Once the children have been adopted, you can request the records yourself and start collecting your own files. We cannot share records due to HIPPA.
Does this answer you question? IҒm sorry its probably not the answer you wanted to hear, but it is policy.
Sincerely,
SW
Hi SW,
Thank you for the reply. I am not sure if HIPPA would apply because we have court ordered medical rights for the children. (It was necessary to receive test results when Mother was MIA.) Does it make a difference?
thanks,
ME
Hi STAP,
I realize you have signing rights for the children. If you want those records, then you need to sign a release of information and request the information yourself. When information is released, it is released to an entity only (CYF) and cannot be shared. You can sign a release and obtain information for yourself but probably have to pay for the copying. We cannot share the information in our files. The only person or entity who has access to our files is CASA (Court Appointed Special Advocates). The child advocates and parent advocates or no one else can look at our files, they are the property of CYF. If you want to look at the childrenҒs medical records, then you have to go to the source, the medical provider. If you want to look at the educational records, you have to go to the educational provider. You cannot look at our records because then you would see who would be reporting sources of child abuse and by law that is protected.
Sorry once again it is not the answer you want to hear, but it is the legal answer I have to give. Think about if you were the reporting source, would you want others to know that you called in? Would you want to be protected if the others were you called against were violent or vindictive? We have to protect our sources as well as the children.
SW
I do understand. Although I am sure there are things I need to know, my current concern is the circumstances of their prenatal care and birth. I strongly suspect STAD was drug exposed at birth and I know Mom had minimal prenatal care. If I had specifics, I could ask better questions of their doctors regarding their current conditions etc.
Please know that when I ask questions, I am not pressing. I am just the type who asks a ton of questions to understand. :)
thanks,
ME
From SW:
Which is why when you request the birth records from the hospital, the hospital will be responsible for releasing the childs records to you and not the motherҒs records. If the hospital releases both records then it is the hospitals responsibility and not CYFҒs responsibility. If you know where they were born then request the records. I just received the case and have not had the opportunity to review the files. I have a TPR coming up soon and need to prepare for that. Thats OK if you press, I and push back and will stay within the law. The law is on my side and I will not budge.
Hi SW,
Thank you for taking the time to explain the law to me. I am not pressing, and certainly don't want push back LOL. I did not think I could request birth records (or anything other than current information) from any other source but CYF.
I'll save my questions for our upcoming meeting.
warm regards,
STAP
If you made it this far, thank you. What are your thoughts? Advice?
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bluebonnet_72
That just blows my mind. We were given redacted copies of everything before we were even allowed to offically consent to placement. Names and birth dates were blacked out, although lots of stuff was missed. We were required to read and review these files with a counselor before we could accept the children as a pre-adoptive placement.
Somethings in the file, probably weren't our business. For example, we have copies of the counselor's notes from every visit or attempted visit (bio mom didn't show up a lot) with the children and bio mom.
Still, if it was in DHS's files, we were given a copy.
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In my opinion, they are your kids (foster, adoptive, kinship, whatever) and you not only have the right but the Responsibility to learn all you can about their history so you can care for and advocate for your kids. Sometimes there are real privacy issues, but I've also dealt with a handful of workers who are too lazy or don't know the laws as well as I do. So my advice is that if you run into a wall with one person, try another. Maybe you can get the into you need from a CASA, atty in the case, former foster parent. Good luck and NEVER worry about being too pushy when it comes to your kids!
First, using "LOL" in an email that should have a professional tone, not appropriate, comes off as "in your face" not that, oh we are laughing together kind of thing you were . . .perhaps aiming for???? Also, In our area you must request those records as part of the adoption agreement before finalization, otherwise, sorry - out of luck. I didn't know this and my lawyer never told me or brought it up, she definitely knew, apparently thought it wasn't important to me, she was very wrong. When requesting hospital records, you will not be entitled to his birth mom's records, those are hers, the child is not a child until born. The best you can hope for is to receive what is called a discharge summary. As far as the information contained in the DCS file, it is much more than medical so I not sure why you having medical power of attorney comes into play . . . I wouldn't have liked the tone of the email either, but as others have said it is hard to have that kind of discussion via written word where you cannot pick up the intended tone.
I to am having problems obtaining records from PA. I am going to foster/adopt my niece, and I wanted all of her records from CYS, and they are not telling me yes or no, because I have not gootten a response from them in 3 weeks...so I am guessing its legal, but they just dont want me to see everything? I dont know the laws in PA, so I am not sure, does anyone here know. I am in Fl, so this is an ICPC case, which doesen't matter, but here in Fla you can obtain, all medical, pshycolocial records.
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kids4me2
Once the children have been adopted, you can request the records yourself and start collecting your own files. We cannot share records due to HIPPA.
I agree with o2b that she does come off as "this is what I say and you better not question it". It's an email tho so she may not have meant for it to come off like that. How does she act on the phone, or in person? I love the way you kept it very civil and I don't think you were at all "pressing."
I think the fact that she reiterates her NO at the end of each email as well as saying... (basically) go ahead and press, who cares, I won't budge... says a lot. She should really take a business communication class. I am sure people have to use the chain of command a little more around her. ;)
Sounds like she/he needs a different job in a different line of work. Overworked? Underpaid? Or just being a Jerk. From the beginning we were told that if and when we adopt we are supposed to get all those records. But like everything else, they don't want to let those records go. In my opinion, they are just using HIPPA as an excuse to withhold records in case they made a mistake about anything written in there, etc., which is very likely unfortunately. I would pull up their policies online for your state, read them thoughly and if it says they are to provide certain records, print it out and send it to them certified mail. Thats like me I have a sibling group of two. I was given complete medical records on one (without even asking). So I tried to get the other ones records and they said they couldn't do that. I dont thing the left hand know what the right hand is doing.
Our CW is fairly open. She sends me copies of the court filings and FTM minutes. For his medical, we really dictate that and provide her with updates, except we have to continue taking him to the low income clinic since the mother requested he keep the same doctor. I never thought of requesting copies of his birth reports but we are able to read all of the medical history on the family prior to adoption and the records are given to our adoption attorney. We may get copies of everything if we want to have them for Geebugs records. Once the adoption is final, all records are sealed.
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To give you perspective, most older people have a general practitioner and lots of specialists. You can sign release forms and have 1/2 dozen specialists mail your info to your GP, but guess what? If you change GPs, your GP can forward NONE of your specialist stuff to your new GP.
It all has to come from the original source, your specialists.
But then again, can't you have your lawyer obtain the same "court order" that the CASA uses...allowing you the same access that the CASA has? I'd ask.
(I see nothing wrong with how either of you communicated. You both wrote appropriately and professionally.)
I don't get how this SW would be considered a jerk or not good at her job. She was asked a question and she gave her answer. The answer that she was trained to give. Then she was asked again and again and again the same exact question. The one she already answered. Every state has different policies when it comes to fostering and adoption. Privacy is huge within the foster care system.
Honestly prenatal care and drug exposure are not things you need to know right now. Unless hearing those things would make you change your mind about the adoption. My kids didn't have prenatal care and they were exposed to drugs. Yet they were totally healthy babies that thrived. They both have adhd but that didn't show up until much later when they were in elementary school.
I don't know what people expect this SW to say. I'll give you whatever you want to know because you want to know it? She sticking to her word because she believes it is the correct thing to do. I may have become frustrated after a while if I was continually asked the same question over and over with the other person expecting me to change my answer.
mickeysgirl1129
Wow! We did not do disclosure or receive redacted copies until after the children were legally free and we were petitioning for adoption.
BethanyB
I don't get how this SW would be considered a jerk or not good at her job. She was asked a question and she gave her answer. The answer that she was trained to give. Then she was asked again and again and again the same exact question. The one she already answered. Every state has different policies when it comes to fostering and adoption. Privacy is huge within the foster care system.
Honestly prenatal care and drug exposure are not things you need to know right now. Unless hearing those things would make you change your mind about the adoption. My kids didn't have prenatal care and they were exposed to drugs. Yet they were totally healthy babies that thrived. They both have adhd but that didn't show up until much later when they were in elementary school.
I don't know what people expect this SW to say. I'll give you whatever you want to know because you want to know it? She sticking to her word because she believes it is the correct thing to do. I may have become frustrated after a while if I was continually asked the same question over and over with the other person expecting me to change my answer.
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I disagree. I think it ("LOL") lightens the mood, that you are not trying to be harsh to her. Some people just like to be harsh regardless I guess (see below). Could just be a bad day, but on the other hand I know you want to be on her good side of course. Try more friendly face/voice time. (I realize this is old, but others will read it for ideas :)
I think this response (my RE: below) was overly critical personally; so see how different everyone can take everything? It's hard to please everyone, but do your best to sensitive (like you are doing :)... when it matters.
If anything the case worker mentioned some ideas and alternative routes you could try.
RE: "First, using "LOL" in an email that should have a professional tone, not appropriate, comes off as "in your face" not that, oh we are laughing together kind of thing you were . . .perhaps aiming for????"
I agree, both responses were fine. Hers was just slightly more difficult to gage. Your "LOL" made it clear you were being friendly, hers just more detached and to the point, but probably trying to be clear. :)
PS. Many government agencies have mystery workers who are simply 'testing' them...