Counseling of Minor Persons
Minor clients (persons under the age of 18 who are not legally emancipated) must have the permission of a parent or legal guardian to receive psychological services. Laws provide that the parent or legal guardian has a right to information obtained in the course of counseling or psychological assessment. At the onset of treatment, the counselor, the minor client, and parent or guardian will discuss the limits of confidentiality as it regards a minor client.
Special Disclosure Situations:
If the client presents a clear and present danger to themselves and refuses to accept appropriate treatment, the counselor is mandated to release relevant information to protect the client.
If the counselor has a reasonable basis to believe that there is a clear and present danger of physical violence against a clearly identified or reasonably identifiable victim(s), the counselor is mandated to release relevant information to protect the potential victim(s).
If there is a threat of imminently dangerous activity by the client against themselves or another person, the counselor is mandated to disclose client communication to place or retain the client in a psychiatric hospital.
If the client, or any party acting on behalf of a deceased client, introduces evidence of the client's mental condition as an element of claim or defense in a legal proceeding (except child custody or adoption), the judge may order the counselor to disclose confidential client communication.
In any case of child custody or adoption, a judge may order the counselor to disclose confidential client communication if the judge determines that the counselor has evidence bearing significantly on the client's ability to provide proper care or custody. It is more critical to the welfare of the child that the communication be disclosed than the relationship between client and counselor be protected.
If the client initiates legal action (for example, malpractice, criminal, or license revocation) against the counselor, the counselor may disclose confidential client communication if disclosure may be necessary or relevant to the counselor's defense.
The counselor may be required to provide diagnostic or treatment information to an insurance company or review board, non-profit hospital or medical service corporation, or health maintenance organization for administration or provision of benefits and expenses to compensate the client.
If the counselor has reasonable cause to believe that a child under the age of eighteen years is suffering from severe physical and or emotional injury, abuse, or neglect, the counselor is mandated to report that information to the appropriate agencies.
If the counselor has reasonable cause to believe that a person over the age of 60 or handicapped or disabled person is suffering abuse, the counselor is mandated to report this information to the appropriate agencies.
Information acquired by the counselor in the course of professional practice may be disclosed to another appropriate professional as part of a professional consultation.
In the case of a court order that compels the counselor to reveal confidential information.
My approach is the “no secrets” policy with marriage and couples counseling. Although I am usually able to convince the individual to share the secret, I reserve the right to do so if necessary. If you have any questions about confidentiality or this statement, please feel free to ask me.
Boyd D. Brooks, PsyD., LPC # 2011014362 at 636-375-2040.
Counseling Notes: Notes recorded by your clinician documenting the contents of a counseling session with you will be used only by your clinician and will not otherwise be used or disclosed without your written authorization.
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