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  1. #1
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    Aug 2020
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    Default Ohio Can CPS Tell Family Members Caring for Child I Failed a Drug Test

    My question involves a child custody case from the State of: ohio
    CPS told my family members who are currently taking care of my child to avoid a foster home supposedly that I failed a test for more than marijuana. I thought that violated HIPPA laws since I have to sign a release for anyone else to get any information about me. Now my family is treating me like an out of control junkie even though they don't know what I failed for specifically. So much im asking were my rights violated?

    My wife was caught cheating so cps asked if we would send our kid to a family members until she moved out as they were afraid that we would be fighting in front of him about her life choices. She has since moved out.

  2. #2
    Join Date
    Mar 2013
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    Default Re: Ohio Can CPS Tell Family Members Caring for Child I Failed a Drug Test

    Quote Quoting Ohiofuzz
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    I thought that violated HIPPA laws
    It's not HIPPA. It's HIPAA (Health Insurance Portability and Accountability Act.

    Hippa is a genus of decapod crustaceans in the family Hippidae:

    https://en.wikipedia.org/wiki/Hippa

    Revealing the results of your drug test by CPS may fall into one of the exceptions to HIPAA. You can study up at the following website:

    https://www.hhs.gov/hipaa/index.html

  3. #3
    Join Date
    Oct 2014
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    Default Re: Ohio Can CPS Tell Family Members Caring for Child I Failed a Drug Test

    Quote Quoting Ohiofuzz
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    I thought that violated HIPPA laws since I have to sign a release for anyone else to get any information about me.
    It is not a violation of HIPAA because the Ohio Office of Families and Children (OFC), which is the state child protective services agency in Ohio, is not a covered entity under HIPAA. Very generally covered entities are health care providers, health care plans, and health care exchanges. OFC does not fall into one of those categories. Ohio's version of HIPAA uses the same definitions as the federal law does, so it wouldn't violate that law either.

    Quote Quoting Ohiofuzz
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    So much im asking were my rights violated?
    However, while the disclosure doesn't violate HIPAA, it might violate one or more of Ohio's privacy laws/regulations. Ohio has a bunch of privacy related laws and I've not gone through them in detail. You may want to consult an attorney in Ohio who is familiar with the Ohio laws that regulate what Ohio state and local agencies can do with your personal information.

  4. #4
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Ohio Can CPS Tell Family Members Caring for Child I Failed a Drug Test

    CPS took your kids because your wife cheated on you? I don't buy this, Something is missing.
    "Where do those stairs go?"
    "They go up!"

  5. #5
    Join Date
    Nov 2009
    Posts
    880

    Default Re: Ohio Can CPS Tell Family Members Caring for Child I Failed a Drug Test

    Quote Quoting Ohiofuzz
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    CPS told my family members who are currently taking care of my child to avoid a foster home supposedly that I failed a test for more than marijuana...were my rights violated?
    The following section from the Ohio Administrative Code might apply:

    5101:9-22-15 Release of personal information held by the Ohio department of job and family services (ODJFS)

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