Grand Rapids Custody and Parenting Time Attorneys

Navigating child custody and parenting time issues, especially when the courts are involved, is stressful and often messy. All kinds of factors that may have been present for some time, but have lain dormant or been managed as a household, suddenly become critically important in working out your child’s future. For many people one of these factors is mental health. A spouse’s mental health may be something that you believe should be factored into a custody and/or parenting time decision. Is it legal or possible to include mental health, mental health records and physician or counselor and medical records as part of your legal case?

In Michigan, many medical providers and mental health professionals are protected from disclosing medical records and even their notes by specific statutes that prevent them from being compelled to disclose confidential information without consent or legal provisions:

• Psychologists: Protected under MCL 333.18237, they cannot be forced to disclose confidential information without consent or specific legal provisions.
• Licensed Professional Counselors and Limited Licensed Counselors: Protected under MCL 333.18117, their communications are not required to be disclosed except as provided by law.
• Social Workers and Similar Professionals: Under MCL 333.18513, client communications are protected unless part of a supervisory process or waived by the client. They must provide written evaluations to courts without disclosing privileged facts, and attorneys have the right to receive these evaluations.
• Marriage and Family Therapists: Their information is privileged under MCL 333.16911 and is not subject to waiver except under legal requirements or written waivers from all involved individuals over age 18.

Legal Framework for Disclosure

In family law cases, particularly those involving child custody and termination proceedings (abuse neglect), the disclosure of mental health records can be a critical issue. Often one party asks to have these records considered and included as part of the case. Courts may compel the disclosure of these records under specific circumstances, balancing the need for information with the protection of patient privacy.

The Michigan Supreme Court has addressed the issue of physician-patient privilege in the context of family law. In child custody cases, the court must consider the mental and physical health of the parties involved to determine the child’s best interests. The court has recognized that the physician-patient privilege does not apply in child custody proceedings initiated by a report under the child protection law.

This means that mental health records may be disclosed if they are necessary to determine the child’s best interests.

However, the Court of Appeals in Navarre v Navarre clarified that the Legislature did not intend to suspend the medical privilege in custody disputes by requiring courts to consider the mental and physical health of the parties.

This decision highlights the careful balance courts must maintain between accessing necessary information and respecting privacy rights.

Similarly, in Thames v Thames, the Court of Appeals found that one parent, as a joint custodian, could waive a child’s social worker-client privilege without the other parent’s consent. However, this decision is context-specific and does not establish a broad rule allowing parents to waive all types of privileges on behalf of their children.

Impact of HIPAA and Michigan Laws

The Health Insurance Portability and Accountability Act (HIPAA) and Michigan laws both address the confidentiality and disclosure of patient information. HIPAA is a federal law that broadly applies to all healthcare providers, focusing on the protection of patient information across the United States. Michigan statutes provide additional protections specific to the state, particularly in the context of mental health services.

Under Michigan law, MCL 330.1750 outlines specific circumstances under which privileged information must be disclosed. These include situations where the communication is relevant to the mental or physical condition of the patient, which the patient has raised as a claim or defense in a civil case, or when the communication was made during a court-ordered examination. This means that a party to the case cannot require disclosure of the privileged information of the patient unless they meet these conditions.

Conclusion

In family law cases, the disclosure of mental health records is a complex issue that requires careful consideration of both legal and privacy concerns. Courts must navigate the interplay between state and federal laws to ensure that the best interests of the child are met while respecting the privacy rights of individuals involved. Understanding the legal framework and relevant case law is essential for your defense. At VanDenHeuvel Law our knowledgeable attorneys understand that there can be a real need or reason to have the court consider the mental health of a party to the case. Our attorneys are experienced in navigating the complexity of mental health as it impacts privilege and the best interests of a child. If you or someone you know is struggling with defending medical privilege in a divorce, parenting time, or custody case, contact one of our experienced attorneys at Van Den Heuvel Law today.