Many
therapists and counselors treat more than one member of a family, either
concurrently or consecutively. This occurs most commonly when a therapist or
counselor sees a husband and wife in couples therapy, when a parent and child
are seen conjointly and/or separately, when two or more children of the same
family are seen together or separately, and in other situations too numerous to
mention.
When
treating multiple members of a family, the practitioner must be careful to
avoid conflicts. Conflicts can sabotage the treatment and lead to the need to
terminate with one or more of the participants (or all), and can generate a
complaint to the licensing board or result in a lawsuit. While it is true that
sometimes conflicts cannot be avoided, even by the exercise of sound clinical
judgment, it is also true that sometimes conflicts can be avoided or at least
the chances of them occurring can be minimized. Additionally, even when a
conflict occurs, the resulting consequences for the therapist might be reduced
by prudent and careful action by the practitioner.
So,
what are some of the things that a therapist or counselor should think about
when working with multiple members of a family to try to control his or her
exposure or vulnerability? A few basic considerations are discussed below. This
discussion is not intended to be exhaustive, but is illustrative of what might
be addressed in order to minimize adverse occurrences and results. Questions
are raised in order to demonstrate the breadth of issues that can arise.
First,
it is critical to be clear, during the
course of treatment, as to who is
the patient. While it may seem obvious, many of my consultations over the
years have indicated otherwise. Often practitioners have treated more than one
member of the family and then they have trouble telling me (I always ask)
exactly who the patient is – perhaps the therapist has seen an adolescent and
has also seen one or both parents in conjunction with the treatment of the minor.
Did the parents consider themselves to be “the patient” or did they consider
that the family was the patient? Did the therapist or counselor address this
issue with the parents and/or the adolescent? What did each party believe?
Generally,
the patient is the holder of the privilege. So, when more than one person is
being seen, as with a family, who is the holder of the privilege – the parents?
The child? The family? What if the therapist receives a subpoena for the
records of the father when he has been seen collaterally to the treatment of
his child? Is the father covered by the psychotherapist privilege? These are
but a few of the questions that may arise. Central to determining a proper
response to any of these or other questions - the therapist or counselor must
be aware of who the patient is, and must be sure that the treatment records are
consistent with his/her later assertions regarding the nature of the
relationship with the parties.
Record keeping becomes even more
important than usual when the nature of a relationship changes. For instance,
when conjoint therapy ends because one member of the couple drops out of
therapy, the records should clearly reflect what happened and what is the
nature of any continuing relationship. For instance, will the therapist now
treat the remaining patient in individual therapy? What if the one who drops
out of conjoint therapy has a change of mind and now wants to continue with the
therapy? If conjoint therapy had been properly terminated and a new and different
relationship has begun, it may be difficult to commence conjoint therapy again.
If the situation was ambiguous because the nature of the relationship had not
been addressed, this might later result in a messy situation if things “blow up
“ between the parties. And, if things do blow up, will the practitioner’s
records bring clarity to the situation or will they create confusion and
problems for the practitioner?
Therapists
and counselors must remember that obtaining consultation is extremely important. Should there ever be
litigation or an inquiry into the practitioner’s behavior, it would be helpful
if the practitioner had support for his or her clinical judgment when agreeing
to see multiple members of a family individually. The very act of seeking consultation
is itself a sign of a careful and prudent practitioner, one could argue.
Reasonable minds can differ when considering questions such as whether or not
it is clinically appropriate, under certain circumstances, to see multiple
members of the same family in therapy. Likewise, reasonable minds can differ
when considering actions that the practitioner should take when confronted with
a conflict. Consultation may help to support the decision of the practitioner
should questions be raised.
The
issue of termination must also be
considered when discussing the topic of avoiding conflicts (or minimizing their
effects) when treating multiple members of a family individually. Termination
may need to be considered, for example, when a conflict does arise, whether
unexpectedly and unlikely, or when the conflict should have been recognized or
anticipated by the practitioner. In either event, the practitioner will want to
minimize the negative effects of the conflict. Difficult decisions need to be
made, some of which deal with termination. Would it be best to terminate with
all members of the family affected by the conflict? How does the therapist or
counselor decide which member of the family to terminate?
The
issue of termination also is involved in situations where, for example, one
member of the family or the couple in treatment prematurely and unilaterally
terminates. How should the practitioner deal with this situation? Should a
letter be sent confirming the unilateral termination? Should the practitioner call
the patient and invite him or her back into therapy? Before agreeing to see the
remaining member or members of the family, must the therapist or counselor have
a discussion about the end of one kind of relationship and the beginning of
another?
With
respect to confidentiality, special
considerations are necessary. For example, when treating a couple, will there
be an established “no secrets” policy? If so, will the couple be informed of
this in a written document? Will each person understand that access to their
records (by each of them) and authorization to release their records to a third
party will require the approval of both parties? Does state law support such an
approach? If these issues are not considered and discussed, the possibility of
a conflict may arise.
A
different aspect of confidentiality is involved in another scenario. Suppose
that the practitioner is seeing a mother and a daughter, perhaps separately.
Something may occur that leads the daughter to think that the practitioner may
have leaked information to the mother. Perhaps the mother, quite independently,
confronted the daughter about suspected drug use, something that the daughter
is talking with the therapist about. This kind of a scenario, and others, may
provoke confrontations. Thus, practitioners must be careful to be clear with
patients regarding how zealously they take their duty of confidentiality.
Practitioners must take great care to not
unintentionally “leak” information about one patient to another, either by word
or by body language (e.g., by facial expression when a question is raised). If
the practitioner is not focused, mistakes can be made. Of course, this
possibility is an example of the very reason why practitioners need to
carefully consider whether or not they should enter into professional
relationships with multiple members of a family. Sometimes, a referral to a
colleague can be a very wise decision, even though the contemplated treatment
of more than one member of the family may be clinically supportable.