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GAL and HIPAA

notfairatall's picture
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6/26/23

I have been divorced for about 8 years after a 13 year long marriage.  We have three kids.  Ages 18, 16, 14.

I taught public school for 25 years before becoming disabled forced me to retire 6 years early.  Shortly after that, the wife divorced me.

We have been in court for the last 7 years.  The new Judge was shocked to see that.  The issues are always brought to court by my EX.  She clearly has MMS, but good luck proving that in this Kangaroo court in the middle of KS.

She lost her last two attorneys.  They basically said, 'She is unreasonable and impossible to work with."  We have been to mediation twice . . . both failed because of her unwillingness to compromise on manner things.  The Judge was on his last year (he has since retired) so . . . to protect his A$$, he appointed a GAL.

This GAL has been lied to by my EX.  Yet, the GAL still represents her (I know, technically she is the attorney for the kids) but she simply echos what my EX wants.  Her biased and punitive orders are unbelievable.  As is her cluelessness to MMS and PAS.  She doesn't know my kids.  One of them had two suicide attempts since we were last in court.  The GAL had no knowledge of it and she did not write anything about it in the last order.  The Judge asked her in court last week, "How many times does the Father see the children?"  This basic question took her by alarm.  She stammered, "AH... 2 or 3 times a month."  The correct answer is:  twice a month and each session is only 3 hours long.

We were in court last week.  The basic issue for the last two years has been do I need supervised or can I have UNsupervised visits with my kids?  All of this from a bogus PFA she filled two years ago.  That was thrown out the next time we were in court but the silly and needless supervised visits stayed in place.

I was a 'good Dad' for the last year.  My attorney of five years (one of the best in KS) said to the Judge, "Your honor, your services are no longer needed in this case, neither or mine or the GALs.  Therefore, I ask to be dismissed from the case."  The Judge agreed BUT the GAL still kept me under her leash with another status report . . .

During that three month time I had a nervous breakdown and was hospitalized (my choice) for about five days.  I got to feeling better, then the stress heaped up again.  In her latest order she wrote that I had been hospitalized.  That I was "suffering from delusions and hallucinations that lead to him being hospitalize."

Later she wrote that she wanted a list of my meds.  And a few other medical related things.

My brother is a medical doctor.  He said she has no rights to my medical records UNLESS I give it to her.  To my knowledge, I have not done that.

Is she in violation of my HIPAA rights?  Why is she so blind to MMS and PAS?  Just my mad luck I guess.  As stated before, her last two attorneys quit the case because the stuff was impossible to defend.  I thought, 'Great.  This nightmare is just about over.'  Then this terrible GAL got involved . . .

Her biasness, slander and heresy towards me is unreal.  "He yells and throws things . . . never at the girls . . . but it does scare them."  She dumped this stupid order on me (that I return to supervised visits) 12 hours before court.  Thankfully the Judge took note of that and said, "Mr. X needs time to prepare.  Everything stays as it was in the past.  We will meet again in 30 days for a slot of 1.5 hours."

Is she violating my HEPPA rights?  Part of me says, "Big deal.  Let the visits be supervised.  It is less than two miles from my house.  I don't have to make sure my house is spotless."  The other part of me says, "FIGHT THIS!!!  Protect my 'image' (pride I guess)."

I taught in this town for 25 years.  I bet I could call up 3-4 of my principals and all would agree that I am not a 'thrower' or a 'yeller'.  My kids have been coached/taught to say these things.  So, in spite of my 'throwing' and 'yelling' (of which the GAL did not give a single example) my kids STILL WANT TO SEE ME.  Yeah, especially since it is at their church and especially cuz they know and understand that if they do not do and say what the dictator X wants them to do and say . . . it will be hard living for them with the 'wolf'.  The only people abusing my kids are this crazy GAL (who my kids do not even know or respect) and my EX cf MMS/PAS.

Again, HIPAA.  I want to know - can she do what she did and who give her this info?  Which, btw, was/is wrong.  I was never 'delusional' or 'hallucinating.'  And what is she going to do with my med list?  She is not a doctor . . .

I'm so sick of this GAL and her lies and punitive nature.  She has NEVER ONCE, in two years, visited me in my home.  Other than that, I meh her when I paid her my half of the retainer ($1,400) at her office.  I talked to her for about an hour.  I knew she saw me as guilty before I even started to talk to her.  I mentioned some of the EX's problem.  The GAL did not deny them.  Her only defense to this argument was, "We do not want to have the girls get split up . . .now do we?"  She must have told me that about 5 times.  Correct.  We do want them to stay together.  That does not mean that I have to be a scape goat!  The other time we talked . . . it was her calling me.  She was all excited.  She told me how great I was doing and that there was nothing she could aid . . . but at court tomorrow . . . I am going to request another status hearing in about four months . . . just to make sure you are still doing fine after big sister graduates..."  And that was the nightmare status hearing we had a few days ago.  Their MOM is the YELLER and SCREAMER . . . NOT ME!!!  My kids know this . . . but they are also smart enough and sadly controlled enough to know . . . they live with the wolf . . . .

lieutenant_dad's picture

HIPAA is limited to medical professionals. A medical professional cannot disclose protected health information without a release of information, and the release of information is specific in who can get what information.

What the GAL *may* have received is your ex telling her that you were psychotic and in the hospital, and the GAL ran with that. That's not a violation. It's only a violation if a medical professional told the GAL or your ex (or anyone) about your health issues. 

As far as how to handle this, I'm not familiar enough with chain of command for GALs to give you any guidance. Your kids are older, so it may be best to deal with the supervised visitation until they age out UNLESS you can get someone above the GAL to review the case. Maybe State Attorney General or your Congress person?

Winterglow's picture

I'm wondering whether making accusations without any foundation or proof (simply from hearsay) couldn't be considered slander ... OP, you might want to look into that too. I also firmly support lieutenant_dad's suggestion of going higher up the GAL ladder.

Rags's picture

Get your killer attorney back and sue both BM and the GAL for defamation, etc....

Ignore the GALs' request for your medial information citing HIPPA. I would while adding that crap to your protections under ADA.

Go for their throats.  As someone who is disabled, you should leverage the ADA (Americans with Disabilities Act)  to give your attorney firepower to destroy both the X and her GAL lacky.  The ADA is civil rights law and with the current climate around civil rights your killer attorney should be able to end this crap pronto and ...... maybe even get you a big assed settlement check.

As a disabled person you have clear protections regarding state and local services under the ADA and the GAL being a representative of the Court could be violating your rights, may be your X regarding your rights to your children.

This is definately a hill I would die on were I you and I would make this as brutal and painful as I possibly could on your X and the GAL. Work with your attorney.  Get clear and accurate legal advice, put your attack plan together with your attorney and go for blood.

Have fun turning the tables on the X and .....

Diablo