Limits of Confidentiality/Legal Issues/Mandated Reporting
Everything that happens in therapy is strictly confidential and protected under the law. Your therapist cannot discuss anything about your therapy, or even identify that you are a client, unless you give your written permission. There are some instances when a therapist will talk with someone about your case without obtaining your consent that is allowed under the law. These include reviewing your case during Clinical Supervision or Peer Consultation, sharing required information with your health insurance, discussing your case with other mental health or healthcare providers to collaborate services provided to you.
There are some instances in which a therapist is required to break confidentiality under the law. These apply to those in ministry serving youth. They include:
Mandated Reporting Laws
Child Abuse – includes physical or sexual abuse, neglect, excessive corporal punishment, child abduction and exposure to domestic violence that is traumatizing to the child. Child abuse reporting only applies to children who are currently under the age of 18. Abuse that happened in your childhood prior to becoming an adult is not reportable unless there is a child who is currently in danger of being abused. The reporter is required to report suspected child abuse in addition to known incidents of abuse. Child abuse is reported to the Department of Children and Family Services who will investigate the abuse allegations.
Spend time with your staff and volunteers exploring what each form of abuse looks like and what your policy/procedures are for addressing it. (i.e., neglect – being left at home at a young age without adequate food available for long periods of time.)
Dependent Adult/Elder Abuse – includes physical abuse, sexual abuse, neglect, abduction, financial abuse, self-neglect, isolating the adult and not providing proper care, including medical and mental health needs. Again, the reporter is required to report suspected abuse in addition to know abuse.
Intent to Harm Yourself or Others
If anyone discloses the intention or a plan to harm another person, you are legally required to warn the intended victim and report this information to legal authorities. If they discloses or imply that they have plan for to harm or kill themself, you, as a mandated reported, are required by law to take precautions to keep them safe, which includes contacting a family member or friend to watch over them for a specified amount of time, a referral to a psychiatric hospital or police intervention if necessary.
Contact your local child protective services to ask about state specific requirements and training.