What does this mean legally?

[bardoul]

The web site is for Wisconsin and it is
http://www.b-rlaw.com/component/content/article/61/89-mental-health-records-confidentiality-and-privilege-in-wisconsin-law
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I'm wondering does this mean I can or can't use medical records of drugs or mental health in custody court?
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F. Exceptions. Exceptions are set forth in Wis. Stat. § 905.04 (4). The party invoking the exception has the burden of proof by a preponderance of the evidence on all issues of law and fact. Statutory exceptions include the following:

Proceedings for hospitalization, etc.
Proceedings for guardianship
Examination by order of judge
Condition as element of claim or defense
Homicide trials
Abused or injured child’s medical records
Reports of child abuse/neglect required under Wis. Stat. § 48.981
Expectant mother’s medical records re abused unborn child
Tests for intoxication
Pregnancy and birth records in paternity proceedings
Reporting wounds and burn injuries
Juvenile matters

Note what is NOT included in the exceptions. There is no exception for evidence relating to the best interest of the child in family court proceedings. There is no exception for evidence of parents’ health issues that may be raised in custody and placement proceedings. Thus, the privilege applies in these proceedings and may be asserted by a parent with respect to his/her own records and/or the records of his/her children.

Query: What happens when parents disagree over whether to authorize disclosure or assert privilege with respect to a child’s records? There is currently no answer to this question under Wisconsin law.

[tahmelapachme33]

Your answer, in a nutshell is this: YOU CONTROL ACCESS TO YOUR MENTAL HEALTH RECORDS UNLESS USE FALLS UNDER ONE OF THE EXCEPTIONS.

The statute you listed, by its title, describes the use of mental health records/information. In layman's terms this means that no one can garner access to these records unless authorized by the patient, the patient’s guardian or conservator, or the personal representative of a deceased patient. The patient’s lawyer or physician may assert the privilege on the patient’s behalf.

There are instances where the patient's rights of privilege can be overruled. These are governed by the exceptions that you listed. What this means is that you can stop anyone from viewing your mental health records EXCEPT those under the scenarios that you listed.

So, to your question: I'm wondering does this mean I can or can't use medical records of drugs or mental health in custody court? The answer would be YES, you can use your records if you so desire and you can prevent others from using your records UNLESS the custody court wants to use them under the exceptions listed under section F.

For Example: if in custody court, the judge wants to examine them (Examination by order of judge), he can use the records. If the child for which the custody is at issue has been a victim of abuse or neglect, then the custody court could use them (Reports of child abuse/neglect required under Wisc. Stat. § 48.981).

I hope this helps ...

[blaisdell]

This is the kind of stuff you need to figure out for yourself. Only a really bored dude is gonna read all that B.S. Or you can ask an officer of the law all about it, their getting paid.