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Changes are here
Children have MH privilege now
Prepare to explain it to your child and adolescent patients
Informed consent
- Custodial parent
- Non-custodial parent (2004)
- Now - the child, too? (2005)
What will our consent forms look like for child patients now?
Reviewing 3rd party requests with your child patient
Dealing with releases, motions and Court orders that demand actions that are contrary to good
practice and patient well-being
- Make notes on what is wrong and why
- Don't do anything quickly, especially if you think it is wrong for
the patient's well-being
- Get supervision immediately
- Use agency's legal advice
How to assert the Berg-enabled authority on privilege?
- Making a direct plea to the court in an open case
- Dealing with a request that is not part of a court process
What to expect
- In Camera review
- GAL review - beware - notes and copies are discoverable
- Berg consult - this is a forensic role, not to be done by the
faint of heart or untrained provider
- Independent custody evaluations, not input by therapists directly
to the court
- Parenting Coordinators
- Marital Mediators
- Independent Psych evals of the child - arguably too intrusive?
- Parent Agreements about limitations for intrusions on confidentiality,
establishing common ground rules early in treatment
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