Colorado Custody

Keeping records of your custody evaluation process is essential for accountability. That in turn helps evaluators to give assessments based on transparency, accountability, and fairness. Detailed documentation allows you to track the evaluator's adherence to professional guidelines, identify any instances of bias or rule violations, and provide a factual basis for any necessary complaints or legal actions, should you need to. It ensures that the focus remains on the child's best interests and helps safeguard against any decisions that could adversely affect their well-being. This not only helps you protect your kids; but also helps you to protect yourself and your legal rights.

Organizing your documentation in a separate record for the custody evaluation process helps maintain order and clarity, making it easier to retrieve specific information when needed. This organizational strategy is key for effectively managing and presenting your case, particularly in complex legal scenarios. Having a separate record for the custody evaluation can be pivotal if you need to dispute the evaluation in court. It ensures your documentation is organized and focused, ready for presentation without sifting through unrelated notes. This preparation minimizes the risk of overlooking crucial details or accidentally including irrelevant information, making your case stronger and more coherent.

When it comes to evidence that you might submit, it's important to keep certain things separate, such as a parenting journal or notes about the other parent, and your personal journal. Court-admitted logs should be factual only. For example, instead of writing, "Today I had a complete breakdown," write, "Today was a difficult day because ____." Similarly, note specific details like, "The evaluator arrived at 5:30pm and was supposed to arrive at 5pm," rather than emotional reactions. If the evaluator ultimately provides a fair assessment, those notes become irrelevant, if he/she doesn't it will be important to argue them separately as well. The evaluator and your case will be two very important but very different aspects of your case; keeping them separate is crucial.

 A Parent's Guide to Medical Record Rights and Custody Evaluations 

In Colorado, the Health Insurance Portability and Accountability Act (HIPAA) and state laws govern access to medical records, particularly in cases involving minors and custody evaluations. Understanding these rights is crucial for parents and individuals navigating the complex landscape of healthcare privacy.

Parental Rights to Minor's Medical Records in Colorado

Generally, parents or legal guardians have the right to access their minor child's medical records under HIPAA, as they are considered the child's "personal representative." However, Colorado law provides some exceptions:

Minors' Consent to Care

 In certain situations, minors can consent to their own care without parental involvement, limiting parental access to those specific records. These include:

   - Minors seeking diagnosis or treatment for sexually transmitted infections

   - Minors aged 12 or older seeking outpatient mental health services

   - Minors seeking substance use disorder treatment

   - Minors seeking reproductive health services

Professional Judgment

 Healthcare providers may deny parental access if they believe it's not in the minor's best interest, such as in cases of suspected abuse or neglect.

Age-Based Restrictions

 Minors aged 15 or older who are living independently and managing their own affairs may have more control over their medical records.

Individual Rights to Medical Records

Adults and emancipated minors have the right to access their own medical records under HIPAA.

Right to Inspect and Copy

 Individuals can request to view or obtain copies of their medical records.

Right to Amend 

If an individual believes their record contains errors, they can request amendments.

Right to an Accounting of Disclosures

 Individuals can request a list of instances where their protected health information was disclosed.

Appropriate Access and Scope

When dealing with medical record requests, especially in custody evaluations, it's crucial to consider:

Only information directly pertinent to the case should be disclosed.

Generally, a one-year lookback period is considered standard for custody evaluations.

 Requests should be specific about what information is needed, rather than broad, all-encompassing demands.

 Handling HIPAA Releases and Requests:

1. Review Carefully: Always read HIPAA release forms thoroughly before signing.

2. Add Time Limits: If not specified, add an expiration date to the release form, typically one year from signing.

3. Limit Scope: Specify which types of records can be released and for what purpose.

4. Consult Your Attorney: When in doubt, consult with your legal representative before signing any releases.

5. Use Your Lawyer as a Buffer: If unsure about a request, use phrases like "My lawyer advised me to ask about..." to buy time and reduce pressure.

6. Document Everything: Keep copies of all signed forms and communications regarding medical record requests.

 Best Practices for Parents in Custody Evaluations

 Understand your rights and the evaluation process beforehand.

Provide only information relevant to your parenting abilities and the child's well-being.

 While protecting your privacy, remember that withholding relevant information could be viewed negatively in custody proceedings.

 If you have concerns about your medical history, consider discussing them with a mental health professional to address any issues proactively. Navigating HIPAA and medical record access in Colorado requires a delicate balance between transparency and privacy protection. By understanding your rights, limiting the scope of disclosures, and seeking professional advice when needed, you can effectively manage your medical information while cooperating with necessary legal processes.

Remember, while cooperation is important, you also have the right to protect your privacy. Always consult with legal and healthcare professionals to ensure you're making informed decisions about your medical information in custody and other sensitive situations.

Right from the start, request a copy of the evaluator’s professional credentials (background, qualifications, certifications, experience in handling custody evaluations). Cross referencing this information is a good idea! It's important that you don't assume that the state will do this, I learned the hard way on this.

Within 7 days after his or her appointment to your case, the evaluator has to disclose whether they have any familial, financial, or social relationship that they've had with the child, parent, or attorneys on record, and the nature of that relationship. This is mandatory and must be provided to each parent and the courts. You then have 7 days, based on the date of disclosure to object to their appointment, which would probably be smart to do. If you object, someone else gets appointed by the courts.

If the evaluator did not disclose any connections to your case, and you still have concerns, it’s wise to address these through clear, respectful questions, ideally in written communication such as emails. A concise and non-confrontational way to inquire could be, "Quick question, do you by chance have any relationship with [Name]?". This phrasing is straightforward and avoids suggesting any presumption of bias, while still doing due diligence in ensuring the evaluation's impartiality. If you're uncertain about how to proceed, consulting your lawyer is advisable. Remember, asking these questions is within your legal rights, just ensure it's done diplomatically, respecting of privacy laws, and always in writing. These are the very first things to be included in your Evaluation Journal.

Document every interaction with the evaluator, noting down dates, times, locations, and the essence of your discussions. If you have concerns or questions about the evaluation process—especially if something doesn't seem right—it's best to address these through written communication, such as emails. This approach provides you with a tangible record of your inquiries and the evaluator's responses.   If you're considering asking sensitive questions or raising potential issues, phrase them in a way that doesn't come across as confrontational. For example, "I was advised to ask about the HIPAA form; could you explain if I need to sign one?" Alternatively, you can attribute these questions to external advice, saying, "My lawyer suggested I inquire about..."  

 In jurisdictions where it's legal, and you have the right to do so, recording conversations with the evaluator can offer an additional layer of documentation. However, it's crucial to understand the legalities of such actions in your state. In Colorado, for example, it's a one-party consent state, meaning you can record conversations you're a part of without the other party's consent. But laws vary, so ensure you're well-informed before proceeding.  

The goal of this documentation isn't just to gather evidence but to ensure the evaluation process is conducted as fairly and transparently as possible. By keeping detailed records, you protect not only your rights but also the best interests of your child. Remember, this documentation could be invaluable in clarifying misunderstandings, resolving disputes, and ensuring the evaluator's accountability throughout the custody evaluation process.