Confidentiality - Child Abuse Investigations
(February 2008
, Volume 1)
...Therapists and counselors are generally aware of
their child abuse reporting duties. But, situations can occur that may raise
issues concerning the duty of a counselor or therapist to maintain
confidentiality once a mandatory report is made. Suppose, for example, that a
client or patient tells a counselor or therapist about conduct that requires
the practitioner to report child abuse. Further suppose that the practitioner
makes the child abuse report in accordance with the requirements of state law.
A few days later, an investigator shows up at the practitioner’s office and
wants to talk with the practitioner about the client or patient. Should the
practitioner cooperate? Must the practitioner cooperate?
The answer to these questions depends upon the
provisions of state law. One state’s law, for example, allows the practitioner
to cooperate with investigators – but does not require cooperation. After
specifying the required contents of a child abuse report, that state law says
that information relevant to the incident of child abuse or neglect may be given to an investigator from an
agency that is investigating the known or suspected case of child abuse or
neglect. Thus, if the practitioner is treating the alleged abuser, it would
generally be wise for the practitioner to refuse to cooperate with the
investigator by maintaining confidentiality. Of course, the practitioner can
talk with the investigator if there is a signed authorization from the patient
allowing the practitioner to cooperate.
A somewhat different case is presented if the
therapist or counselor is treating the victim of the alleged child abuse. Once
the required report is made, the investigator, as in the example above, may
seek additional information from the practitioner. In this case, the
practitioner may be more willing to cooperate with the investigator and would,
in the state referred to, be permitted to do so. If the law allows cooperation,
the practitioner would not be required to seek written authorization. However,
a good habit is to seek a written and signed authorization whenever
confidential information about the patient is sought by a third party – even if
the third party is an investigator from a governmental agency charged with the
duty to investigate child abuse reports. Check out the law in your state
regarding your right or duty to cooperate with investigators following
the required report of child abuse.
|