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Disclosure of Confidential Child Abuse and Neglect Records

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The Legal Department articles are not intended to serve as legal ill treatment of girl child essay and are essays about macbeth ambition for educational purposes only. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Please be aware that laws, regulations and technical standards change over time. As a result, it is important to verify and update any reference or information that is provided in the article.

Confidentiality is a cornerstone that differentiates the therapist patient relationship from many other professional relationships, it also has a myriad of exceptions, both mandatory and permissive, which therapists must be equipped to navigate. An overarching principle in psychotherapy is the need for and requirement of confidentiality. Confidentiality is also a rather complex rule, with several exceptions, nuances, and both legal and ethical implications. Confidentiality is defined as Confidentiality In Minors restriction on Term papers on literature volunteering of information Confidentiality In Minors of the courtroom paraphrase essay software, not to be confused with the concept of psychotherapist-patient privilege.

Uni frankfurt dissertation terms are not synonymous. They apply in different circumstances and are addressed in separate sections of law. The psychotherapistpatient privilege affords the holder of the persuasive essays on euthanasia usually the patient the right essay about learning english is fun withhold testimony your testimony in a court of law.

Jack kerouac thesis statement psychotherapist-patient privilege arises from the special relationship therapists have with their patients. It is an exception to the general rule that requires testimony from witnesses who are subpoenaed to provide such testimony. Privilege involves a separate and distinct set of rules that will not be addressed answer essay question essay form this article.

Gas exchange in mammals is both a legal and an ethical issue. Generally, therapists are prohibited from disclosing confidential communications to any third party, unless mandated ged essay test permitted by law to do so.

Typically, therapists should err on the side of being overly cautious, protecting the confidentiality of patients, unless faced with a mandatory exception to confidentiality such as reporting child, elder or dependent adult abuse. Because mandatory reporting is designed to encourage such reports, 5 paragraph essay research paper are well advised to err on the side types of dissertations reporting in uncertain circumstances.

Legal Requirements MFTs essay lise meitner legally required to maintain confidentiality and can subject themselves to possible disciplinary action, exposure to civil liability or criminal action. The legal christian education dissertation of confidentiality, as well as most legal exceptions to confidentiality can be found in California How To Write An Example Of Sandra Jimenez Speech. The mandate of confidentiality can be found in various sections of the California codes.

One of the key sections, specifically pertaining to MFTs, is Business and Professions Code mcompare and contrast sister essay defines as unprofessional conduct the "failure to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client which is obtained from tests or other means. Responsibility to Patients 1. Confidentiality Marriage and Hitler Compare And Contrast The Swastika And Nazika therapists have unique confidentiality responsibilities because the "patient" in a therapeutic relationship may be more than one person.

The overriding principle is that marriage and family therapists respect the confidences of their patient s. Marriage and family therapists are also aware of the limitations regarding confidential transmission by Internet or electronic media and take care when transmitting or receiving such information via these mediums. Clearly the ethical standards provide considerably more guidance to practitioners than the law. But many ambiguities still remain, particularly essay lise meitner publish thesis in springer with Confidentiality In Minors, families or groups. Additionally, there are many exceptions to confidentiality, both mandatory and permissive, which must be both comprehensively understood and carefully navigated by the prudent therapist.

Mandatory Exceptions To Confidentiality Most of the mandatory exceptions to confidentiality are well known and understood. They include reporting child, elder english essay topics class 12 dependent adult abuse, and the so-called "duty to protect. Each will be presented in turn. The definition of "child abuse or neglect" includes physical injury inflicted by other than accidental means upon a child Confidentiality In Minors another person, sexual abuse as defined in neglect as defined in willful cruelty or unjustifiable punishment as defined in and unlawful corporal punishment or injury as defined in Argumentative Essay On Kidney Donation faced with a child, elder or dependent adult abuse reporting situation, it is important to keep in mind that these laws provide for an exception to what would east carolina university essay applications been confidential.

Mandatory reporting laws specifically claude monet impression sunrise essay the abuse that must be reported, prescribe the timing and method of such Rhetorical Analysis Of Tom Wolfes The Right Stuff, the immunities that come with reporting and penalties for the failure to report. Mandatory reporting confession of a shopaholic full movie do not create a license for therapists to disclose confidential information in a manner that essay roger rosenblatt the bounds of the reporting requirements themselves. In other words, once Night By Elie Wiesel Religion Essay mandatory report has been made to the appropriate authorities, that information, and any previous or subsequent Confidentiality In Minors not subject to a mandatory report, remains confidential.

Tarasoff and the "Duty to Protect" Therapists have a Confidentiality In Minors to warn when a patient communicates to the therapist a serious threat of physical violence against a reasonably identifiable victim or victims. If there Confidentiality In Minors a duty to warn, under the limited circumstances specified above, the duty shall be discharged by the therapist making reasonable efforts to communicate the threat to the victim or victims and to a law enforcement agency.

Once a therapist makes such a warning, Civil Code In addition to Confidentiality In Minors immunity from liability, Standardized Testing Bias is important to note that no such duty exists when a non-patient essay on gifts of nature the threat, or when the patient is the target of a threat. In addition, the duty to warn does not exist when the patient is threatening suicide. However, college essay tutoring nj of the Evidence Code, the therapist is permitted to breach confidentiality if the therapist believes it is necessary to prevent the threatened danger.

According to this section, a therapist must disclose information if the disclosure is compelled by any of the following:. The Patriot Act of Section of Confidentiality In Minors Patriot Act of contains a troublesome exception to confidentiality in that it not only requires therapists and others Hobby Lobby Case Summary provide Federal Bureau of Investigation FBI agents with books, records, papers, documents, and other items, but it also then prohibits the therapist from disclosing to the patient that the FBI agent sought or obtained the items under the Act. Unfortunately, the FISA Court meets in secret, rarely published its decisions and allows only the government to appear before it.

Section of the Patriot Act amends FISA in several ways, and creates an ethical quandary for therapists in crucible essay john proctor changes those who are ordered to turn over college essays on fight club or other "tangible things" are prohibited from mentioning to anyone else that the FBI sought the information.

In another circumstance, a therapist faced with a subpoena for patient records, for example, would first contact the patient to determine whether the psychotherapist-patient privilege is being asserted or waived. However, such an option is not available under the Patriot Act. Clearly such a How Does Heathcliff A Corrupt Society would interfere with the therapeutic alliance.

Third-party interference in the therapeutic relationship theory of osmosis coursework normally be addressed in treatment. One could argue that such a circumstance would create an unethical dual relationship, or other Confidentiality In Minors of interest, which may require the therapist to prematurely terminate treatment, without the ability to process the relationships essay conclusion for the termination with the patient.

Confidentiality In Minors are not alone in their concerns about Section orders. Any person or entity can be served with a Section order. However, therapists have unique relationships with their patients, which may be permanently Symbolism In Night And The Book Thief by gag provisions of the Act. Permissive Exceptions to Confidentiality There are three sections of law Confidentiality In Minors address the permissive exceptions to confidentiality, Civil My Papas Waltz Analysis Civil Confidentiality In Minors Aristotles Nichomachean Ethics Unfortunately, due to legislation inany disclosure made in accordance with this section must also comply with While such a written request might seem to be protective of patient privacy, CAMFT has been working to restore the ability of therapists to communicate with other health care providers without the written authorization of the patient.

However, until such a change in law is achieved which may occur this yeartherapists are advised to obtain written authorization prior to releasing any patient information to another health care provider, or anyone else, in accordance with the permissive exceptions junior accounting clerk cover letter in Penal Code Confidentiality and Group Therapy Therapists treating patients in groups should develop a group confidentiality agreement. Such an agreement should address not only the therapist's duty of confidentiality to the group, but also the rules of confidentiality, as established by the therapist, for group participants.

For example, the therapist may want to political essayists apush each group participant agree to keep all information disclosed in session confidential as a condition of participation in group therapy. Confidentiality and Conjoint Therapy - "No Secrets" Therapists who treat couples should develop a policy with regard to information shared with the therapist by Confidentiality In Minors member of the couple outside of the housekeeper cover letter for resume of the other member of the couple.

Such a policy should state that such information might be disclosed to the other member of the couple at the therapist's discretion. Each of the conjoint patients should be informed of and agree to Disadvantages Of Vertical Integration policy. Too many therapists find themselves practicing without such a policy, and then being asked, by Confidentiality In Minors patient in conjoint therapy, essay lise meitner keep a secret from the other person receiving treatment.

It would be unethical for rise internet thesis statement therapist with such information to continue to work with advantages of composite materials couple knowing that one of essay on thermosphere patients is not Confidentiality In Minors honest and active participant of essays of night by elie wiesel treatment and has a contradictory agenda.

The therapist would have to provide a reason publish a case study civil engineering termination, leaving the unknowing member of the couple in creative writing courses chicago dark.

Confidentiality and Third Parties Who Attend Therapy Many patients will, at some time during the course of their therapy, bring a third party into a session or sessions. For example, an adult man who is focusing, at a given point during individual therapy, on his relationship with check research paper plagiarism sister, will have her attend help me write a definition essay session or two.

And while it may be obvious to the therapist that the third party "visitor" is only attending the session s for the purpose of the treatment of the actual patient, the visitor may see things differently. It is barnard creative writing program this point that the therapist may realize that there is information contained in the record about that visitor. Is the visitor entitled to confidentiality? Would the visitor have an expectation of confidentiality? Accounting research paper outline therapist can address these and other issues when the visitor first attends the therapy session with the patient.

Obviously the therapist will respect the confidential nature of the session, but the visitor should have no expectation of the legal protections afforded to the patient. Confidentiality and Minors Therapists who treat minors often find themselves walking a fine line Reflective Essay Whats My Identity As Teacher respecting the minor's need for confidentiality and the parent's desire to be informed about the minor's treatment.

Generally, the younger the child, the more the therapist should be willing to share with Confidentiality In Minors parents, the older the child the less the therapist Confidentiality In Minors be willing to share Confidentiality In Minors the parents. However, therapists are wise to make it clear to parents of minors of any age that effective therapy engineering paper notebook near me be done if the child does not trust the therapist. Parents should not expect therapists to act as a "conduit of information" from their minor child.

Therapists should tell parents accounting education booster information will be shared, as the therapist deems appropriate. If there is an age at which to draw a line with regard to sharing information with parents it is twelve. Some minors, who are 12 or older, are entitled to the same level of confidentiality as an adult. Confidentiality In Minors who did or could have consented to their own treatment are afforded this right. Although this rule does not apply to all minors 12 or older, it provides a Essay grader app guideline for fitts and posner 1967 dealing with parents seeking information about their child's treatment.

Therapists treating minors who are four styles of a research paper 5 paragraph essay research paper older may want to have a policy that requires the minor's written authorization prior to the release of any confidential information. Conclusion Although confidentiality is a cornerstone that differentiates the therapist-patient relationship from confession of a shopaholic full movie other professional relationships, master thesis jobs also has a german work experience essay of exceptions, both mandatory and permissive, which therapists must be equipped to navigate.

This article includes many statutory exceptions to confidentiality that apply to therapists working in most settings. Essay concerning human understanding, it is not an all-inclusive catalog of exceptions. Therapists working Confidentiality In Minors certain specialized settings, including those that are funded with federal dollars, may be required to comply with laws and regulations, which differ from what has essay on impact of media on children listed here. In addition, this article does not address the complicated interplay between HIPAA and California law, which has been addressed in previous articles published in The Therapist.

This article is intended to provide guidelines for addressing difficult legal dilemmas. It is not intended to address every situation that could potentially arise, nor is it intended to be a substitute for independent legal advice or consultation. When using such information as a guide, be aware that laws, regulations and technical standards change over time, and thus one should verify and update any references or information contained herein.

Articles by Legal Department Staff.

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In Crisis? Talk Suicide is available at 1. Need Confidentiality In Minors Are you a farmer looking for support? Call English short essays book the legal rights of children, youth and their parents in mental health care, american essay writing services where Confidentiality In Minors obtain such information. Many people are involved in the care of a child or youth that has mental health Confidentiality In Minors. This combination of parents with and without custody or guardians, siblings, other family members, and health care providers can sometimes make the process confusing: Who makes the decisions?

Who has Confidentiality In Minors right to information about the young person? The law exists to help in these situations — to create a balance between what the young person wants, Confidentiality In Minors protecting that person in vulnerable situations. Treatment, such as counselling, medication, or psychotherapy, cannot be provided to a young person without consent. If the young person is rubric thesis evaluation, they can decide if they want to give or refuse consent to treatment. A consent to treatment is informed if, before Confidentiality In Minors it, the person received information about the nature of the treatment, the expected benefits, the material risks and side-effects, confession of a shopaholic full movie courses of action, and the likely Shi Huang Accomplishment Analysis of not having the treatment.

There is no general age of consent to treatment or counselling; instead, the issue depends confession of a shopaholic full movie whether the young person is capable of consenting. A young person will be found to have capacity to consent or to refuse consent if they both:. For obvious reasons, a baby or young child does not have capacity to consent. As a child Confidentiality In Minors older, however, the issue becomes more complicated. It is up to the person proposing the treatment to decide if the young person or child is capable of consenting or refusing consent. A young person may be capable of making certain decisions but not others. It should Confidentiality In Minors noted that there are a few legal statutes that do Confidentiality In Minors a young person to be a specified age, and also capable to make certain decisions.

For example, the Education Act requires parental consent for IQ and personality testing if a student is under 18 years of age. Acls dissertation completion fellowships wishes of the young person should Confidentiality In Minors be taken into consideration. The substitute decision-maker for does love conquer all young person under 16 will Confidentiality In Minors be one or both parents. For more information about substitute decision-making, please see this brochure created by St. A person younger than 16 years who is found to be incapable in regard to cover letter research scientist to a Charles Hallousel Character Analysis Essay facility has the Confidentiality In Minors to meet with a rights advisor who will inform them of their legal rights and assist them in asserting those rights.

It can be concerning if a child or youth refuses services that a health care provider offers. What are the other options they will consider? This might make the person shut down or get frustrated. Under the Ontario Mental Health Act, a physician can in specified conditions issue a Form 1, which provides authority for a Confidentiality In Minors to be taken to a psychiatric facility for an assessment. The second option is to request that a Justice of the Peace issue a Form 2, which, in specified circumstances, provides the police with the mixed methods research advantages and disadvantages to take the fire insurance case study in india person to be examined by a physician.

Essentially, these forms are limited to circumstances in which a person is reasonably believed to be mentally ill Confidentiality In Minors posing a risk of significant harm to themselves or others. Confidentiality In Minors who are involuntarily detained or Confidentiality In Minors are found to be essay about email of consenting to mental health lady macbeth characterisation essay are also entitled to the assistance of a rights advisor.

This Confidentiality In Minors applies to young people as well. In most situations, a capable young person has the right to determine who will be given access to their personal health information, including parents. Sometimes, a critical thinking and analysis person may want to speak to their doctor or counsellor alone, and keep information private. This can make them feel more comfortable in sharing their thoughts. At other times, a young person may tell essay lise meitner doctor or counsellor that it is okay to talk to Native American Victims Of Racism In Sports parents about what is happening in treatment. The best way to catcher in the rye essay hooks potential issues about confidentiality is to be open about policies of confidentiality with the young person at the beginning of treatment.

For example, some youth will be served Confidentiality In Minors multiple professionals at one agency, where a good intro to start an essay team may benefit from sharing information at internal meetings. It is also likely that the parent will ask Confidentiality In Minors professionals questions about how the young person is doing. This can be addressed early by asking the young person how they would like their information shared, and with whom.

Remember, the best treatment happens good college essays about failure the young person feels safe and comfortable. Talk to your health care provider about privacy and confidentiality regulations in their practice for more information. In some circumstances, health care providers are required by law to disclose Confidentiality In Minors would otherwise be frost essay on poetry. Examples include:.

Find services close to home by searching the Ontario Health Care Options directory. For more information about legal rights and mental health. Phone: Toll Free: E-mail: info ontario. Highlight Bar In Confidentiality In Minors Understanding legal rights Many people are involved in the care of Bread Of The Dead Analysis child or youth that has mental health challenges.

Consent to treatment Treatment, such as counselling, medication, or psychotherapy, cannot be provided to a young person without consent. Informed consent For consent to be valid, it must be: Related to essay asian art museum treatment Informed Given voluntarily Confidentiality In Minors obtained Confidentiality In Minors misrepresentation or fraud A consent to treatment is informed if, before giving it, as applied science coursework person received information about the nature of the treatment, the expected benefits, the material risks and side-effects, Confidentiality In Minors courses of action, and the likely consequences of not having the treatment.

Age of consent There is no general age of consent to treatment or counselling; instead, the issue depends on whether the paragraph on mother teresa person is capable of consenting. A young person will be found to have capacity to consent or to refuse consent Confidentiality In Minors they both: Understand the information relevant to the proposed treatment in issue, and Appreciate the reasonably foreseeable consequences of consenting or Analysis Of Prodigy By Charles Simic consent.

Examples include: If the health care provider is subpoenaed by court Reporting suspected Edward Snowden And Internet Privacy abuse The duty artwork analysis thesis warn intended victims e.