CPS Requests and Records: What Chiropractors Need to Know
Originally published: 2025-10-02
As a practicing chiropractor, you may find yourself in the middle of situations you never expected, especially when family disputes and child welfare investigations overlap with patient care. One common scenario involves Child Protective Services (CPS) requesting a child’s health records. Knowing how to respond can protect both you and the child.
CPS Requests vs. Family Member Requests
A request from CPS is fundamentally different from a parent, stepparent, or grandparent asking for records. Family members must prove legal guardianship before you can release information. CPS, on the other hand, operates under investigative authority.
“A CPS request is a legal request for investigation. HIPAA does not apply in these instances.”
HIPAA’s Limits in Investigative Settings
HIPAA generally restricts disclosure of protected health information (PHI). However, CPS investigations are among the exceptions. Providers are legally obligated to comply with these requests, regardless of the usual HIPAA protections that apply to family inquiries.
Proof of Guardianship Requirements
When a family member requests records, it is your responsibility to verify guardianship through court orders or other legal documentation. Failure to do so can place you in the middle of custody disputes, exposing you to liability.
The Risk of Family Conflicts
Chiropractors who inadvertently release records to unauthorized parties can become entangled in complex family disputes. These situations not only risk HIPAA violations but can also lead to board complaints or legal challenges.
The Risk Management Bottom Line
Documentation, dismissal without prejudice when necessary, and strict adherence to office policies protect both the chiropractor and the child. When in doubt, contact your malpractice carrier for guidance before responding.
At ChiroFutures, we help chiropractors navigate these complex situations with clarity and confidence. Our risk management services ensure you’re never left guessing when the stakes are this high.
