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Should a psychotherapist be compelled to release an adolescent's treatment records to a parent in a contested custody case?

Authors :
Ellis, Elizabeth M.
Source :
Professional Psychology, Research and Practice. Dec, 2009, Vol. 40 Issue 6, p557, 7 p.
Publication Year :
2009

Abstract

The issue of whether to release a minor's treatment records to a parent presents a complex ethical dilemma for clinicians. This is made more complex when the child is an adolescent and when the parents are involved in a custody dispute. The author presents a case summary followed by a review of the literature. A section on court rulings in similar cases is included. In general, courts have ruled in favor of maintaining the privilege for mature minors involved in custody proceedings. Health Insurance Portability and Accountability Act regulations pertaining to minors whose parents may not be acting in their best interests are also reviewed. Procedural recommendations by several experts in the field are offered that may serve to establish the child's rights to privacy at the outset of treatment and thus avert ethical conflicts. The author concludes with the case outcome and an advisory for the clinician. Keywords: adolescents, child custody, children's rights, confidentiality, treatment records DOI: 10.1037/a0017419

Details

Language :
English
ISSN :
07357028
Volume :
40
Issue :
6
Database :
Gale General OneFile
Journal :
Professional Psychology, Research and Practice
Publication Type :
Academic Journal
Accession number :
edsgcl.215481550