Reform priority 14 of 14
Treatment is not testimony
Seeking mental-health or substance treatment, or not seeking it, is not evidence of unfitness without independent findings.
Not yet verified: Verify how Ohio courts currently treat physician and counselor privilege when mental health is raised in a custody case, including waiver doctrine, before describing current law.
Stub. Model language, evidence, fiscal note, and rubric score are in drafting.
The problem
In a contested case, a parent's therapy and treatment records can be ordered disclosed, reviewed by court appointees, and tied to progress toward parenting time. A parent who doesn't seek treatment can be described as in denial. Both choices can be counted against the parent, so the rational move is often to avoid care, which is the worst outcome for the parent and the child.
Current Ohio law
What we propose
Require a specific showing of relevance to the child's safety before treatment records are disclosed, with in camera review and disclosure limited to what bears on that question. Bar adverse inferences from either seeking or declining treatment without independent evidence of risk. Require that appointees who receive records use them only for the stated purpose.
Strongest objections, and our response
To be written. Every priority page states its best counterarguments in their strongest form.
Model language
To be drafted.
Rubric score
Pending. Scored against Articles 1–7.