HIPAA Handcuffs

Published on September 5, 2025 at 5:56 PM

Just this Summer, my adult son, who has lived with me for a decade, slipped into psychosis and burglarized a neighbor's vehicle due to command auditory hallucinations. He believed he was gathering evidence of a nonexistent crime in which this neighbor was trying to frame him for.

This occurred months after I had been begging and pleading for evaluation and treatment for him.

 

Time and time again I heard the disheartening phrase "He's an adult and if he refuses treatment there's nothing we can do." So now, my son is in county jail, where he sat for the first MONTH, with no evaluation or mental health treatment, even with me calling the mental health nurse there countless times and begging for help for him.

 

Every time I had video visitation with him he was in total psychosis!! And they just let him sit there in a mental health emergency for a MONTH. I sent a letter to the Sheriff's office requesting treatment for him and let the staff know that I was aware of the 8th amendment of the Constitution and that my son was experiencing a medical emergency....

 

Untreated psychosis causes brain damage.

 

I had to work to locate his defense attorney and requested a competency evaluation, and she ordered one. So, now, because of HIPAA policy, once again , I am not allowed any information because my son will not sign a medical release form. One of the symptoms of serious mental illness is ANOSOGNOSIA-a lack of insight into the disease - they are not aware of their condition. So now, what? Because of his charges, the renters' association will not allow him back on the property, so what happens when he's released? Mental illness is NOT a crime, and it's not something that anyone chooses.

 

Why are we as parents and caregivers denied the chance to help our sons and daughters when they are at their most vulnerable and unable to seek help for themselves!? These " HIPAA handcuffs" are causing heartache and TRAUMA to our loved ones with SMI - and to us, the parents and loved ones who desperately want to keep them safe.... Our loved ones with SMI are NOT disposable!

 

I have nightmares now. UNSPEAKABLE horrific nightmares about what could happen to him, and I have had to get medication for anxiety. Please reform HIPAA policy and untie our hands, giving us the ability to be involved in treatment decisions for our adult children and loved ones who are not able to seek help for themselves.

 

Each story is shared by someone impacted by untreated SMI,
lightly edited for clarity, never for meaning.

Do you have an ask? If you were sitting down with your legislator, how would you ask them to help you?

I would plead to them as a parent.

These stories aren’t for sympathy.

They are here to drive systemic change, one voice at a time.