Release of child's medical records to CPS for the asking?

NY Bill S3228-2013 provides for the release of all medical records of the examination or treatment of any child reported as an abused or maltreated child upon the written request of the child protective service of a local department of social services certifying that such child has been reported as abused or maltreated; provides such records shall have the names of the alleged abusers deleted and provides such records shall be kept confidential.


I beg to differ.  A child has parents.  If child neglect proceedings already started, the child has an attorney assigned to the child.  It is a matter for court's determination on a case by case basis, specifically because constitutional issues are involved.


If parents' fundamental constitutional rights to care and control their child mean anything at all, parents must not be required to surrender that control over the child's medical records simply because CPS asked for them in writing.


Child abuse and maltreatment reports are made by anonymous reporters.  Parents may never get to know who reported them.   Thus, the child's medical records are open to the state government on the basis of any anonymous call, even where such records are supposed to be protected by both state and federal privacy laws. 


This bill opens the door to unlimited abuse of governmental power.  Anybody who has a grudge against a parent can call in a child abuse and maltreatment report, remaining anonymous.  Such a report is not enough to harass the parent or obtain the child's medical records.


Moreover, if the parent has a conflict of interest whether to release or not to release such medical records, the child certainly has a right to protect his or her privacy from intrusion of the government, and a lawyer must be appointed to the child to protect his or her interests before the issue of release of medical records to CPS can even be considered.  And, once again, this is an issue for a court's review.  Automatic release of medical records to CPS simply for the asking violates parents' and the child's right to privacy secured by the U.S. Constitution, as well as by the New York State Constitution.


I do not believe this bill passes constitutional muster.