If your counselor shares confidential info is it against the law?

Question

Okay this is what is happening. My boyfriend has a troubled 15 yr old son who is in and out of juvey. They ordered for him to have a counselor. When they sat it up they said EVERYTHING would be confidential that the son would talk about w/ her and nothing would be discussed w/ anyone. He told her so many personal things and stuff he has never told anyone. Im sure alot a it was bad. But he did it because he was told none of it can be discussed w/ any 1 else and no 1 could find out about it.
Well he is in big trouble and they are planning on taking him out of the home for a year or so. At the last court date the judge ordered all of the paperwork from the counselor so he could look over it w/ the probation officer.
My b/f thinks its illegal b/c he was told it was confidential. He is looking for proof that it is illegal cuz hes "certain" it is. He said if he finds it is then he will be able to have a diff. judge for his son and he may not be taken away. Is this illegal?

He didnt admit to any crime. He is a messed up 15 yr old, and who knows what goes through his mind. He is not abused in any way. Some of the problems he has is looking at porn and child porn, drugs, his father has no rules for him, he gets away w/ whatever..Im thinking some of that has to do with what was in the paperwork.

Answer 1

State and Federal laws do protect the confidentiality of health care information, including information created in providing mental health and substance abuse treatment. However, these laws have numerous exceptions, are inconsistent from state to state, and, in the opinion of many experts, provide less protection of confidentiality than is warranted.

Disclosure also is permitted to law enforcement officials when there was a crime committed on the premises or against the personnel of the treatment program. Even in this case, information provided is to be limited initially to the name, address, and last known whereabouts of the individual who committed or threatened to commit a crime. Other circumstances in which disclosures are permitted without consent include medical emergencies as defined in the regulations; child abuse reports; court orders, when the court has followed procedures established in the regulations; and in criminal investigations of “extremely serious crimes” as defined in the regulations (Center for Substance Abuse Treatment, 1994). The statute and regulations do not address, and therefore do not permit, disclosures to families of clients or to payers without consent of the client.

The Federal law is generally much more detailed than any state mental health law in delineating the conditions that must be met before disclosures can occur. In addition, as this brief summary suggests, state mental health laws and the Federal alcohol and substance abuse laws differ substantively in many respects.

There are numerous sources to provide further information when searching "Confidentiality Laws."

Best wishes.

Answer 2

A therapist and/or counselor are bound by doctor/patient priveledge. The only time this can be breached is if information about the potential to harm someone else. If the councelor is feeling that someone is in danger, they are obligated by law to report the information.

I am sure that the judge is reviewing the information to see if there is a true immediate danger. If there is, then he will allow the therapist/councelor to "testify" on behalf of the prosecution.

If your boyfriend thinks it is wrong, he needs to contact a lawyer and find out what is going on. He has the right to find that out. They will better be able to explain it to him.

Answer 3

State and Federal regulations do safeguard the confidentiality of wellness care information, which contain information created in offering psychological wellness and substance abuse medical care. in spite of the shown fact that, those regulations have diverse exceptions, are inconsistent from state to state, and, interior the opinion of many experts, grant much less secure practices of confidentiality than is warranted. Disclosure is likewise accepted to regulation enforcement officers whilst there became into against the regulation committed on the premises or against the staff of the medical care application. Even for this reason, information provided is to be constrained initially to the call, handle, and final prevalent whereabouts of the guy who committed or threatened to devote against the regulation. different situations wherein disclosures are accepted without consent contain medical emergencies as defined interior the regulations; toddler abuse comments; courtroom orders, whilst the courtroom has accompanied techniques general interior the regulations; and in criminal investigations of “extremely extreme crimes” as defined interior the regulations (middle for Substance Abuse medical care, 1994). The statute and regulations do no longer handle, and hence do no longer enable, disclosures to households of shoppers or to payers without consent of the customer. The Federal regulation is frequently lots greater centred than any state psychological wellness regulation in delineating the situations that could desire to be met in the previous disclosures can happen. to boot, as this short precis shows, state psychological wellness regulations and the Federal alcohol and substance abuse regulations variety substantively in lots of respects. there are diverse components to grant further information whilst looking "Confidentiality regulations." best desires.

Answer 4

Counselors are mandated reporters. Should a teacher or counselor be told anything that relates to abuse they are mandated to report it to the local officials. It is not illegal nor should it be. Child abuse is not someones right.

Answer 5

The counselor can only tell the authorities if the person threatens to hurt himself or others.

Answer 6

goldenrae9 is correct, and counselors are mandated reporters.

This could be a breach of doctor-patient privledge, and not be admissable as evidence, consult an attorney, that's a little more civil and less criminal (out of my realm of knowledge.)

Answer 7

if anything you relate to a counsler proves to be a product of abuse can and is shared with the police and the court system.and no,it is not illegal.

Answer 8

lawyers and doctors have the code of ethics for confidentiality but if you admit to a particularly heinous crime they have to report it