QUESTION

Texas CPS & HIPAA: When can a hospital call CPS on a parent but the child is not the patient or in any apparent distress?

Asked on Jul 29th, 2016 on Family Law - Texas
More details to this question:
I went to the ER on a Wed. night for an infection on my elbow from being grabbed due to domestic violence (isolated incident) w/ my 9 year old daughter because I am a single parent. She slept on the gurney while I was treated from a chair in the ER. I was living in a motel due to financial hardship, but was working to get back in stable housing. We had experienced a motel with bed bugs. The motel & I were exterminating. The hospital social worker came in to assist me with housing options. She then reported to CPS suspected abuse and/or neglect of my child. She released confidential medical records without my consent, court order, subpoena, or request from anyone. I was never notified of such report or releases. Two days later, CPS enters my hospital room, as I was admitted & my child went to her dad's, & did an emergency removal of my child when I was a patient & she was not even with me. Where was the immediate danger? Hipaa violation by hospital? Tort action possible? ???
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1 ANSWER

Immigration Law Attorney serving Arlington, TX
2 Awards
CPS had the authority to act as they did because of the suspected neglect of the child. One of the problems was that it appeared that the child may have witnessed domestic abuse. Many women do not realize that this can lead to the removal of the children. Once you get back on your feet, you should be able to show CPS that you can care for the child. However, you want to also be able to prove that you're not in an abusive relationship. You should contact the local women's shelter to get some counseling. This will also help your case with CPS. You want to be able to not just say you're doing better, but you want to be able to prove it by going to counseling and getting whatever help is available to you. I've seen many people turn their lives around and get their chidren back by making good use of social services. What county are you in?
Answered on Aug 13th, 2016 at 5:46 PM

--- The Overstreet Law Firm 2100 N. Main, Suite 228 Fort Worth, TX 76164 Phone: 817-810-9747 Email: rdolaw@gmail.com https://www.theoverstreetlawfirm.com/

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