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Our Ethical Codes <Codes> place a burden on the practitioner to reconcile
good practice with legal or institutional constraints. You may find that
your input in the legislative process is appropriate to resolve the difficulties
you encounter in this arena.
- Defining appropriate methods for the therapist to
follow to assert the privilege on behalf of the child
- Alternatives available to the court to obtain appropriate input
regarding the child's well-being in cases where such information is relevant
- Protecting the child from undue intrusion of additional psychological
evaluation, an harassment that interferes and taxes them, simply for
asserting a privilege that is fundamental and expected from the outset of
their treatment
- Requiring parties to appropriately reimburse therapists for their time
in addressing legal proceedings that attempt to intrude in the child's
privacy in cases when the child or therapist object
- Defining automatic shields of privacy for situations involving reports
or allegations of abuse or neglect
- Methods to handle a child's over-zealous assertion of privilege when the
therapist believes it is NOT in the child's best interests to withhold
information (e.g., a child's desire to keep inappropriate secrets from parents)
- Delineating methods to deal with asserting privilege on behalf of child
when there is no current legal proceeding, such as for a Release of
Information or for a parent's request for a record or therapy note
- Other?
Your own professional organization, the Mental Health Coalition, and NHPA's
Legislative committee track legislation and promote greater understanding of
mental health issues in the legislative process.
What do you think about this topic?
What will you do?
If you have ideas or want to stay informed of legislation on children's privacy,
stay in contact:
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