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Old Jun 08, 2006, 06:32 PM
Anonymous29319
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Im dealing with the court system now. My child is in the foster care system so that he can get the 24/7 therapy programs and supervision that he needs.

Its a tricky thing dealing with therapy and so on knowing that everything can at any point be suppena'ed. But I look at it this way -

From the get go the client is told regardless of if they have other agencies involved that certain things have to be revieled for example if you tell your therapist that you abused your child the therapist is a mandated reporter and so that has to be reported.

And at any time now today tommorow years from now if you have a problem that includes the laws during the investigating and procecuting of that situation the person did those records can be supena'ed.

For example 5 years ago my child entered the foster care system the first time it was because I was suicidal. The court gave intake caseworker a supenia to get my records from over 13 -20 years ago so that if those agencies did not honor her request for my files they had no choice but to hand copies over.

twenty years ago I wasnt thinking about having a child let alone have the knowledge that I would have a child who would have schizophrenia and that I would become suicidal and he would be in the foster care system and my records would get supena'ed.

Now I know 20 years down the roard in the future regardless of what I am doing today if I land in the court system my records from now can be supena'ed. I unfortunately know this from experience.

But even if my child was not in the court system I would still know about the possibility of my files being supena'ed because now when a person is going through the intake process they have to sign and or read many papers. One of those papers read and signed during intake into therapy with any USA therapy professional and agency is a paper with the USA, state and that agencys protocal of confidentiality and release of information forms. These forms explains the circumstances in which that agency has a right to release your files. And those confidentiality rules apply now or in the future. That why medical records and mental health records are referred to as "permanent record" and "permanent files" because they follow you for your whole lifetime.

No there is nothing that says past files and records cannot be supena'ed if it will harm the client.

When my past therapist and I disclosed that I have DID to my lawyer he said we were to work on it and take care of it but don't put it on the files so SKR kept two different files - the "official" file with the agency and a separate file for herself. This way my DID would not get disclosed in the official files but she could also work with me on my DID.

when I had that same lawyer My present therapist would follow the protocal of if it cant be on the official files she does not keep it -journal entries, drawings and so on, and other things and situations she would discuss with the supervisor of my case and the two of them decide if the situation should be in my file and if so how to write it up to put the situation in my file but not disclose the DID.

PTSD does include the person having "intrusive thoughts" (thoughts that interfere with daily life) "flashbacks" (memories of traumatic situations) and "mood swings" (going from happy to sad quickly)and sometimes "dissociative features" (spacing off, daydreams, feelinng numb)

Just because we could not put on the files that I have DID did not mean we could not work on it. its just that instead of the lable DID my file says I have PTSD with Dissociative features.