Mrs. Henry's actions appear to be the concerned and well reasoned actions of a mother who is familiar with her daughter's usual dosage of medication and more comfortable with treatments suggested by her child's regular doctor, rather than the opinions of a new doctor. Certainly, based on that one incident alone, it would be an abuse of discretion for a court to decide that Mrs. Henry is an unfit parent for Amanda. Hence, Mr. Henry's conclusion that Mrs. Henry is unable to handle Amanda. Full and adequate disclosure of possible symptoms enable physicians properly to diagnose and treat their patients, however. To encourage a free flow of information between doctor and patient, the law has recognized the value of doctor patient confidentiality, and in these circumstances we find that the Family Law Master drew too strong a conclusion from a comment offered for clinical purposes.
Hyperactivity is a technical term frequently referred to in lay terms as uncontrollable behavior.
Behavioral disorders in adults and children can be side effects of certain medications, and once identified, can sometimes be controlled by simply switching the medicine. We hesitate to discourage a parent's need to secure accurate diagnosis and treatment for her children by penalizing full disclosure of symptoms for fear that information will later be used against the parent in a custody proceeding. In any event, the Family Law Master's temporary custody order cites vague generalities without pointing to any specific evidence that would provide a reviewing court with guidance in a matter of such importance as determining parental fitness in a child custody proceeding. Although this case involves a temporary custody order and not a final disposition, the importance of having enough evidence before the court to determine the correct legal ruling is no less significant. We have recognized the problem of procedural delay in child abuse and neglect cases, as well as in child custody matters.