Confidentiality of child counseling/therapy

[txrose1998]

What is the name of your state? TX

My sister is the NCP of a thirteen year old girl. She shares joint legal with the CP, her ex-husband. My sister is thinking their daughter needs to get into some sort of counseling or therapy and she has a couple questions.

1. If she thinks the child should go to counseling and the CP disagrees...does the CP rule on that decision?

2. How much of what a child says in therapy is confidential? Is it shared with both parents? Is it shared in court?


Thanks in advance for all replies!

 

[txrose1998]

Just bumping....

 

[escape2paradise]

Just bumping....

You need to look up the HIPPA laws for TX. As I understand it they are slightly different for each state.

For example here in WA minors at age 12 can consent to their own treatment and because of this the minor must sign a release for the counselor to share anything that is said in session. My daughter had to sign a release for the GAL to access the counseling info. She did not sign a release for me or my X, nor did either of us ask her to. The counselor has given me periodic updates on what they are working on, how she feels DD is progressing etc... Legally, I don't even know if she is supposed to do that, though she seems pretty straight and narrow so I assume she knows what she is doing.

If she shares joint legal she does have to consult with dad, though he doesn't necessarily get to have the last say.

She could take him to court and have the judge sign off on it if necessary. Most judges agree that counseling is generally a good thing so dad will likely look like a jerk for disagreeing.

 

[txrose1998]

You need to look up the HIPPA laws for TX. As I understand it they are slightly different for each state.

For example here in WA minors at age 12 can consent to their own treatment and because of this the minor must sign a release for the counselor to share anything that is said in session. My daughter had to sign a release for the GAL to access the counseling info. She did not sign a release for me or my X, nor did either of us ask her to. The counselor has given me periodic updates on what they are working on, how she feels DD is progressing etc... Legally, I don't even know if she is supposed to do that, though she seems pretty straight and narrow so I assume she knows what she is doing.

If she shares joint legal she does have to consult with dad, though he doesn't necessarily get to have the last say.

She could take him to court and have the judge sign off on it if necessary. Most judges agree that counseling is generally a good thing so dad will likely look like a jerk for disagreeing.

Darn it...usually I am very good at googling....but what I am looking for does not seem to make any sense....can anyone help me with a specific link in Texas Hippa Law

 

[escape2paradise]

Darn it...usually I am very good at googling....but what I am looking for does not seem to make any sense....can anyone help me with a specific link in Texas Hippa Law

It would probably help if I spelled it correctly it is HIPAA not HIPPA! Sorry!

 

[txrose1998]

It would probably help if I spelled it correctly it is HIPAA not HIPPA! Sorry!

AH, yes..that might help!

 

[OhReally?]

You need to look up the HIPPA laws for TX. As I understand it they are slightly different for each state.
.

Actually, HIPAA is federal, so they apply in all states, IIRC.

 

[OhReally?]

1. If she thinks the child should go to counseling and the CP disagrees...does the CP rule on that decision?

What does the order say?

2. How much of what a child says in therapy is confidential? Is it shared with both parents? Is it shared in court?

Both parents are legally entitled to what goes on in therapy & no parent can legally prevent the other parent from obtain any and all information, unless a court order states otherwise. It is NOT shared with the court -- unless it pertains to a custody/parenting issue -- then the court might have an interest in it. At that point, A GAL should have been appointed.

 

[txrose1998]

Actually, HIPAA is federal, so they apply in all states, IIRC.

So there are not slight ammendments to it for every state??

 

[txrose1998]

What does the order say?


Both parents are legally entitled to what goes on in therapy & no parent can legally prevent the other parent from obtain any and all information, unless a court order states otherwise. It is NOT shared with the court -- unless it pertains to a custody/parenting issue -- then the court might have an interest in it. At that point, A GAL should have been appointed.

The order is fairly vague (like most of them ) but it states CP and NCP have the right to consent to medical, dental, and surgical treatment of the child and to consent to psychiatric and physchological treatment of the child.

Basically, my sister is thinking that they will try to use anything the daughter might say against her in any future court proceedings. FOr example, she is afraid that if the daughter says that she does not like going to my sister's all the time (something she has said before because she misses out on doing things with friends, ect.) that they will use it.

 

[Ohiogal]

The order is fairly vague (like most of them ) but it states CP and NCP have the right to consent to medical, dental, and surgical treatment of the child and to consent to psychiatric and physchological treatment of the child.

Basically, my sister is thinking that they will try to use anything the daughter might say against her in any future court proceedings. FOr example, she is afraid that if the daughter says that she does not like going to my sister's all the time (something she has said before because she misses out on doing things with friends, ect.) that they will use it.

Here is the thing -- if the child NEEDS counseling that should come before ANY fears that what is said can be used against the parent. And not liking going somewhere is not the same as having a legitimate reason (abuse, danger, or other factors) for not going.

 

[stealth2]

What does the order say?


Both parents are legally entitled to what goes on in therapy & no parent can legally prevent the other parent from obtain any and all information, unless a court order states otherwise. It is NOT shared with the court -- unless it pertains to a custody/parenting issue -- then the court might have an interest in it. At that point, A GAL should have been appointed.

Well, actually, many therapists will not share anything specific with EITHER parent, unless it is an issue of the child's safety/well-being. Even when mine were very young, the therapists were very clear that what the child said would be confidential, and we would only know what was going on in generalities.

 

[txrose1998]

Here is the thing -- if the child NEEDS counseling that should come before ANY fears that what is said can be used against the parent. And not liking going somewhere is not the same as having a legitimate reason (abuse, danger, or other factors) for not going.

I absolutely agree, Stealth....And my sister wants her to go....she is just afraid this is going to become something that the CP will fight her about

 

[txrose1998]

Well, actually, many therapists will not share anything specific with EITHER parent, unless it is an issue of the child's safety/well-being. Even when mine were very young, the therapists were very clear that what the child said would be confidential, and we would only know what was going on in generalities.

This is really what we were curious about....I was under the impression that therapists do not share unless someone is in danger.

 

[CJane]

Well, actually, many therapists will not share anything specific with EITHER parent, unless it is an issue of the child's safety/well-being. Even when mine were very young, the therapists were very clear that what the child said would be confidential, and we would only know what was going on in generalities.

Yup. The psychologist that Superex and I spoke with was VERY clear that she would NOT share the specifics of anything discussed with the child unless it was an issue that seemed to enganger the child or others. That she WOULD share treatment information (obviously) but that the actual sessions were 100% confidential.