Legal Question in Family Law in New Jersey
An attorney was appointed by the Family Court as a "Parenting Coordinator." and neither my ex-wife nor I had any opportunity to object to the individual, his qualifications, nor his contract. His removal could only occur as a result of his resignation, or a Court order.
I believe that he was "de facto" in a position that included counseling and mediation between parents for the benefit of the family and children. While his duties and responsibilities were more far-ranging, he nonetheless had a de facto role as a health care professional. In fact, most "Parenting Coordinators" are mental health professionals, although there is a provision in the law to permit a lawyer to be a Parenting Coordiantor.
After his resignation, I lodged a complaint with the NJ "Office of Attorney Ethics," and he responded. He included confidential, protected medical information, identifying one of my minor children, which was used exclusively for the purpose of defending himself.
I do not believe he was permitted by HIPAA to do this. If you are able and willing to give me a very brief answer to my question, I would be most appreciative. I would in no way consider you, your firm, nor your answer to be "legal advice," and would not hold you nor your firm responsible, nor liable, in any manner whatsoever, for giving me the advice nor for any action I might take based on the advice.
1 Answer from Attorneys
The Office of Attorney Ethics is an arm of the New Jersey Supreme Court who is ultimately the final arbiter or judge of attorney discipline. Therefore, the attorney can disclose such information to the ethics panel and they will keep the information out of the public record.