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HOT TOPIC
Confidentiality and Involvement of Parents in Mental
Health Services for Children and Adolescents
Involvement of parents is often a key factor in engaging
children and adolescents in psychotherapy (Dailor &
Jacob, 2011; Oetzel & Scherer, 2003; Weisz & Hawley, 2002).
At the same time, establishing the boundaries of
client/patient confidentiality is critical to establishing a trusting
relationship among psychologist, child client/
patient, and parents (Principle B, Fidelity and Responsibility;
Standard 4.01, Maintaining Confidentiality). While
federal and state laws grant minors limited access to mental
health services without guardian consent, they
often permit (and sometimes require) parents to be involved in
their child’s treatment plan, provide parental
access to treatment records, and permit disclosure of
information to protect the child or others from harm
(English & Kenney, 2003; Weithorn, 2006).
In making confidentiality and disclosure decisions,
psychologists should be aware that parent’s perceptions
of confidentiality may differ from those of their children
(Byczkowski, Kollar, & Britto, 2010). Psychologists must
also consider practical issues such as the parent withdrawing the
child from therapy for lack of access to
information or children’s misuse of confidentiality as a weapon
in their conflict with parents. Psychologists
working with children and adolescents thus need to anticipate
and consistently reevaluate how they will
balance confidentiality considerations with parental
involvement in the child’s best interests.
Establishing Confidentiality Limits at the Outset of Therapy
The nature of information that will be shared with parents
should begin with a consideration of the child’s
cognitive and emotional maturity, presenting problem, treatment
goals, and age-appropriate expectations
regarding the role parents can play in facilitating treatment (D.
J. Cohen & Cicchetti, 2006; Morris & Mather, 2007).
FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS
AND FACULTY ONLY.
NOT FOR DISTRIBUTION, SALE, OR REPRINTING.
ANY AND ALL UNAUTHORIZED USE IS STRICTLY
PROHIBITED.
Copyright © 2013 by SAGE Publications, Inc.
Chapter 7 Standards on Privacy and Confidentiality——159
For example, younger children’s cognitive limitations and
dependence on significant adults suggest that
maintenance of strict confidentiality procedures may hinder
treatment by failing to reflect the actual contexts
in which children grow and develop. By contrast, increasing
protection of private thoughts and feelings may
facilitate treatment by demonstrating respect for older
children’s developing autonomy, comprehension of the
nature and purpose of therapy, and ability to take a self-
reflective perspective on their own thoughts and
feelings (Hennan, Dornbusch, Herron, & Herting, 1997).
The Consent Conference
Engaging parents and children in discussion about the nature
and rationale for confidentiality and disclosure
policies is the first step to creating a trusting relationship. This
can be accomplished during the consent
conference when psychologists
• explain their ethical and legal responsibilities, describe the
benefits of confidentiality or information
sharing relevant to the child’s developmental status and
treatment plan, and provide age-appropriate
examples of the type of information that will and will not be
confidential;
• obtain feedback from and address client’s/patient’s and
parent’s concerns; and
• tailor a confidentiality policy to the cultural and familial
context in which information sharing is viewed
by parent and child.
Parental Requests for Information
There will be times when parents request information the
psychologist had not previously considered
appropriate for disclosure. The first response should be to
determine whether the parents’ request relates to an
issue that does not require confidentiality consideration. While
parental demands should never supersede
ethical, legal, and professional responsibilities to protect
client/patient confidentiality, they should always be
given the following respectful considerations (Fisher et al.,
1999; Mitchell, Disque, & Robertson, 2002; L. Taylor &
Adelman, 1989):
• Employ empathic listening skills and convey respect for
parental concerns.
• Assume, unless there is information to the contrary, that
parents’ queries reflect a genuine concern
about their child’s welfare.
• Avoid turning parental requests for information into a power
struggle among psychologist, parent, and
client/patient.
• Guard against taking on the role of therapist or counselor to
the parent (Standard 3.05, Multiple
Relationships).
• Help the parent reframe confidentiality in terms of (a) the
child’s developing autonomy, (b) encouraging
the child to share information with parents by choice rather than
requirement, and (c) maintaining
therapeutic trust.
• If appropriate, suggest that the parent ask the child about the
desired information or, with the parent’s
knowledge, explore with the child about clinically indicated
ways in which information might
be shared.
Disclosing Confidential Information
in Response to Client/Patient Risk Behavior
Psychologists working with children and adolescents often
become aware of behaviors hidden from parents
that place the child at some physical, psychological, or legal
risk. Sexual activity, alcohol and drug use, gang
involvement, truancy, and vandalism or theft are some of the
“secret” activities that require consideration for
FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS
AND FACULTY ONLY.
NOT FOR DISTRIBUTION, SALE, OR REPRINTING.
ANY AND ALL UNAUTHORIZED USE IS STRICTLY
PROHIBITED.
Copyright © 2013 by SAGE Publications, Inc.
160——PART II ENFORCEABLE STANDARDS
the protection of others or whether confidentiality or disclosure
is in the best therapeutic interests of the child
(Standard 4.05, Disclosures).
For example, disclosures can lead to physical protections for a
child who is beginning to show signs
of an eating disorder or involvement in gang behavior through
increased parental monitoring of
behaviors in and outside the home. Alternatively, sharing such
information with parents may damage the
therapeutic alliance or place the child at greater risk if parental
reactions can be predicted to be
physically violent or emotionally abusive. For example, the
consequences of disclosing to parents highrisk
sexual activity of lesbian, gay, bisexual, transgendered, and
questioning youth (LGBTQ) who have not
discussed their sexual orientation with their parents are more
complex and potentially more hazardous
than would occur when disclosing information regarding a
minor’s heterosexual activities (Ginsberg et al.,
2002; Lemoire & Chen, 2005).
Psychologists must also consider how entering into a secrecy
pact with a minor client can adversely affect
the therapeutic alliance and be wary when assuming that minor
clients expect and desire confidentiality when
they reveal during therapy that they are engaging in high-risk
behaviors (Fisher, 2003a).
Steps to consider in deciding whether and how to disclose
confidential information when clients/patients
are engaging in high-risk behaviors include the following.
Step 1: Assess and Clinically Address Risk Behaviors
• Confirm that the child is actually engaging in the risk
behavior and whether it is an isolated incident or
a continuing pattern.
• Evaluate the danger of the behavior to the client/patient or
others.
• Assess developmental, psychological, and situational factors
that might impair the child’s ability to
terminate or reduce behaviors.
• Conduct intervention strategies to help the client/patient
terminate or reduce risk levels of behavior.
• Monitor whether the client/patient has terminated or limited
the behavior.
Step 2: Consider Options if Client/Patient Is Unable or
Unwilling to Terminate or Reduce Behaviors
• Know federal and state laws on reporting requirements
regarding prior or planned self-harming, illegal,
or violent client/patient behavior.
• Weigh legal, therapeutic, social, and health consequences of
confidentiality and disclosure for the client/
patient.
• Anticipate, to the extent possible, parents’ ability to
appropriately respond to disclosure.
• Consult with other professionals regarding alternatives to
disclosure (Standard 3.09, Cooperation With
Other Professionals).
Step 3: Prepare Client/Patient for Disclosure
• Frame the current need to disclose information in terms of the
limits of confidentiality discussed during
informed consent and the psychologist’s responsibility to
protect the welfare of the client/patient
and others.
• Respond to the child’s feelings and concerns while focusing
discussion on the process of disclosure and
not on ways to avoid it.
• Evaluate the client’s/patient’s willingness and ability to
disclose information to parents.
• When appropriate, go over the steps that will be taken to share
the information with parents and
involve the client/patient as much as possible.
FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS
AND FACULTY ONLY.
NOT FOR DISTRIBUTION, SALE, OR REPRINTING.
ANY AND ALL UNAUTHORIZED USE IS STRICTLY
PROHIBITED.
Copyright © 2013 by SAGE Publications, Inc.
Chapter 7 Standards on Privacy and Confidentiality——161
Step 4: Disclosing Information to Parents
• Involve the client/patient as much as clinically appropriate in
the disclosure discussion.
• Focus on the positive actions parents can take to help their
child and, whenever feasible, to place the
child’s actions within the context of continued treatment
progress.
• Discuss additional treatment options such as joint parent–child
or more frequent goal-setting sessions.
• Identify appropriate referral sources for parents to help them
address their child’s behaviors following
disclosure.
• Empathize with and respond to the parent’s feelings and
concerns, and refer the parent to individual
counseling if it appears necessary.
• Schedule one or more follow-up meetings with parents and
clients/patients to monitor their reactions
to the disclosure and the steps taken to reduce the risk
behaviors and provide additional recommendations
if necessary.
• If the risk increases or remains at dangerous levels, consider
other therapeutic, community, and legal
options.
FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS
AND FACULTY ONLY.
NOT FOR DISTRIBUTION, SALE, OR REPRINTING.
ANY AND ALL UNAUTHORIZED USE IS STRICTLY
PROHIBITED.
Copyright © 2013 by SAGE Publications, Inc.
Workplace Scenarios
John shows up to work approximately five minutes late this
morning, walks silently (but quickly) down the hallway and
begins to punch in at the time clock located by the front desk.
Kim, the front desk manager, says, "Good morning, John," but
John simply ignores her, punches in, and heads into the shop to
his workplace. Kim rolls her eyes, picks up the phone, and
dials the on-duty manager to alert her that John just arrived and
should be reaching his workplace at that moment.
Savannah is the lead on a project with a team of six other
people. The project involves using an outside vendor’s
software. Without consulting Savannah, Amber (a senior team
member) sends a professional email to the vendor asking for a
change to the existing software. The vendor responds to the
entire team expressing concern over making the requested
change.
Paul has worked for the company four years. During that time,
he had one manager and three difference supervisors without
any major conflicts. Due to a merger, the management structure
changed and Paul’s former manager Pat is now the general
manager. Sharon, Paul’s new manager, has a meeting with Paul
over concerns that proper protocol is not being followed.
Sharon tells Paul he must conform to the proper procedures or
he will be written up. Paul protests as the process he uses was
designed as a work around by Pat. Sharon writes Paul up for
insubordination.

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HOT TOPICConfidentiality and Involvement of Parents in MentalH.docx

  • 1. HOT TOPIC Confidentiality and Involvement of Parents in Mental Health Services for Children and Adolescents Involvement of parents is often a key factor in engaging children and adolescents in psychotherapy (Dailor & Jacob, 2011; Oetzel & Scherer, 2003; Weisz & Hawley, 2002). At the same time, establishing the boundaries of client/patient confidentiality is critical to establishing a trusting relationship among psychologist, child client/ patient, and parents (Principle B, Fidelity and Responsibility; Standard 4.01, Maintaining Confidentiality). While federal and state laws grant minors limited access to mental health services without guardian consent, they often permit (and sometimes require) parents to be involved in their child’s treatment plan, provide parental access to treatment records, and permit disclosure of information to protect the child or others from harm (English & Kenney, 2003; Weithorn, 2006). In making confidentiality and disclosure decisions, psychologists should be aware that parent’s perceptions of confidentiality may differ from those of their children (Byczkowski, Kollar, & Britto, 2010). Psychologists must also consider practical issues such as the parent withdrawing the child from therapy for lack of access to information or children’s misuse of confidentiality as a weapon in their conflict with parents. Psychologists working with children and adolescents thus need to anticipate and consistently reevaluate how they will balance confidentiality considerations with parental involvement in the child’s best interests. Establishing Confidentiality Limits at the Outset of Therapy The nature of information that will be shared with parents should begin with a consideration of the child’s cognitive and emotional maturity, presenting problem, treatment
  • 2. goals, and age-appropriate expectations regarding the role parents can play in facilitating treatment (D. J. Cohen & Cicchetti, 2006; Morris & Mather, 2007). FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS AND FACULTY ONLY. NOT FOR DISTRIBUTION, SALE, OR REPRINTING. ANY AND ALL UNAUTHORIZED USE IS STRICTLY PROHIBITED. Copyright © 2013 by SAGE Publications, Inc. Chapter 7 Standards on Privacy and Confidentiality——159 For example, younger children’s cognitive limitations and dependence on significant adults suggest that maintenance of strict confidentiality procedures may hinder treatment by failing to reflect the actual contexts in which children grow and develop. By contrast, increasing protection of private thoughts and feelings may facilitate treatment by demonstrating respect for older children’s developing autonomy, comprehension of the nature and purpose of therapy, and ability to take a self- reflective perspective on their own thoughts and feelings (Hennan, Dornbusch, Herron, & Herting, 1997). The Consent Conference Engaging parents and children in discussion about the nature and rationale for confidentiality and disclosure policies is the first step to creating a trusting relationship. This can be accomplished during the consent conference when psychologists • explain their ethical and legal responsibilities, describe the benefits of confidentiality or information sharing relevant to the child’s developmental status and treatment plan, and provide age-appropriate examples of the type of information that will and will not be confidential; • obtain feedback from and address client’s/patient’s and parent’s concerns; and • tailor a confidentiality policy to the cultural and familial
  • 3. context in which information sharing is viewed by parent and child. Parental Requests for Information There will be times when parents request information the psychologist had not previously considered appropriate for disclosure. The first response should be to determine whether the parents’ request relates to an issue that does not require confidentiality consideration. While parental demands should never supersede ethical, legal, and professional responsibilities to protect client/patient confidentiality, they should always be given the following respectful considerations (Fisher et al., 1999; Mitchell, Disque, & Robertson, 2002; L. Taylor & Adelman, 1989): • Employ empathic listening skills and convey respect for parental concerns. • Assume, unless there is information to the contrary, that parents’ queries reflect a genuine concern about their child’s welfare. • Avoid turning parental requests for information into a power struggle among psychologist, parent, and client/patient. • Guard against taking on the role of therapist or counselor to the parent (Standard 3.05, Multiple Relationships). • Help the parent reframe confidentiality in terms of (a) the child’s developing autonomy, (b) encouraging the child to share information with parents by choice rather than requirement, and (c) maintaining therapeutic trust. • If appropriate, suggest that the parent ask the child about the desired information or, with the parent’s knowledge, explore with the child about clinically indicated ways in which information might be shared. Disclosing Confidential Information
  • 4. in Response to Client/Patient Risk Behavior Psychologists working with children and adolescents often become aware of behaviors hidden from parents that place the child at some physical, psychological, or legal risk. Sexual activity, alcohol and drug use, gang involvement, truancy, and vandalism or theft are some of the “secret” activities that require consideration for FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS AND FACULTY ONLY. NOT FOR DISTRIBUTION, SALE, OR REPRINTING. ANY AND ALL UNAUTHORIZED USE IS STRICTLY PROHIBITED. Copyright © 2013 by SAGE Publications, Inc. 160——PART II ENFORCEABLE STANDARDS the protection of others or whether confidentiality or disclosure is in the best therapeutic interests of the child (Standard 4.05, Disclosures). For example, disclosures can lead to physical protections for a child who is beginning to show signs of an eating disorder or involvement in gang behavior through increased parental monitoring of behaviors in and outside the home. Alternatively, sharing such information with parents may damage the therapeutic alliance or place the child at greater risk if parental reactions can be predicted to be physically violent or emotionally abusive. For example, the consequences of disclosing to parents highrisk sexual activity of lesbian, gay, bisexual, transgendered, and questioning youth (LGBTQ) who have not discussed their sexual orientation with their parents are more complex and potentially more hazardous than would occur when disclosing information regarding a minor’s heterosexual activities (Ginsberg et al., 2002; Lemoire & Chen, 2005). Psychologists must also consider how entering into a secrecy pact with a minor client can adversely affect
  • 5. the therapeutic alliance and be wary when assuming that minor clients expect and desire confidentiality when they reveal during therapy that they are engaging in high-risk behaviors (Fisher, 2003a). Steps to consider in deciding whether and how to disclose confidential information when clients/patients are engaging in high-risk behaviors include the following. Step 1: Assess and Clinically Address Risk Behaviors • Confirm that the child is actually engaging in the risk behavior and whether it is an isolated incident or a continuing pattern. • Evaluate the danger of the behavior to the client/patient or others. • Assess developmental, psychological, and situational factors that might impair the child’s ability to terminate or reduce behaviors. • Conduct intervention strategies to help the client/patient terminate or reduce risk levels of behavior. • Monitor whether the client/patient has terminated or limited the behavior. Step 2: Consider Options if Client/Patient Is Unable or Unwilling to Terminate or Reduce Behaviors • Know federal and state laws on reporting requirements regarding prior or planned self-harming, illegal, or violent client/patient behavior. • Weigh legal, therapeutic, social, and health consequences of confidentiality and disclosure for the client/ patient. • Anticipate, to the extent possible, parents’ ability to appropriately respond to disclosure. • Consult with other professionals regarding alternatives to disclosure (Standard 3.09, Cooperation With Other Professionals). Step 3: Prepare Client/Patient for Disclosure • Frame the current need to disclose information in terms of the limits of confidentiality discussed during
  • 6. informed consent and the psychologist’s responsibility to protect the welfare of the client/patient and others. • Respond to the child’s feelings and concerns while focusing discussion on the process of disclosure and not on ways to avoid it. • Evaluate the client’s/patient’s willingness and ability to disclose information to parents. • When appropriate, go over the steps that will be taken to share the information with parents and involve the client/patient as much as possible. FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS AND FACULTY ONLY. NOT FOR DISTRIBUTION, SALE, OR REPRINTING. ANY AND ALL UNAUTHORIZED USE IS STRICTLY PROHIBITED. Copyright © 2013 by SAGE Publications, Inc. Chapter 7 Standards on Privacy and Confidentiality——161 Step 4: Disclosing Information to Parents • Involve the client/patient as much as clinically appropriate in the disclosure discussion. • Focus on the positive actions parents can take to help their child and, whenever feasible, to place the child’s actions within the context of continued treatment progress. • Discuss additional treatment options such as joint parent–child or more frequent goal-setting sessions. • Identify appropriate referral sources for parents to help them address their child’s behaviors following disclosure. • Empathize with and respond to the parent’s feelings and concerns, and refer the parent to individual counseling if it appears necessary. • Schedule one or more follow-up meetings with parents and clients/patients to monitor their reactions to the disclosure and the steps taken to reduce the risk
  • 7. behaviors and provide additional recommendations if necessary. • If the risk increases or remains at dangerous levels, consider other therapeutic, community, and legal options. FOR THE USE OF UNIVERSITY OF PHOENIX STUDENTS AND FACULTY ONLY. NOT FOR DISTRIBUTION, SALE, OR REPRINTING. ANY AND ALL UNAUTHORIZED USE IS STRICTLY PROHIBITED. Copyright © 2013 by SAGE Publications, Inc. Workplace Scenarios John shows up to work approximately five minutes late this morning, walks silently (but quickly) down the hallway and begins to punch in at the time clock located by the front desk. Kim, the front desk manager, says, "Good morning, John," but John simply ignores her, punches in, and heads into the shop to his workplace. Kim rolls her eyes, picks up the phone, and dials the on-duty manager to alert her that John just arrived and should be reaching his workplace at that moment. Savannah is the lead on a project with a team of six other people. The project involves using an outside vendor’s software. Without consulting Savannah, Amber (a senior team member) sends a professional email to the vendor asking for a change to the existing software. The vendor responds to the entire team expressing concern over making the requested change. Paul has worked for the company four years. During that time, he had one manager and three difference supervisors without any major conflicts. Due to a merger, the management structure
  • 8. changed and Paul’s former manager Pat is now the general manager. Sharon, Paul’s new manager, has a meeting with Paul over concerns that proper protocol is not being followed. Sharon tells Paul he must conform to the proper procedures or he will be written up. Paul protests as the process he uses was designed as a work around by Pat. Sharon writes Paul up for insubordination.