CONFIDENTIALITY AND PRIVILEGED COMMUNICATION REMAIN THE RIGHTS OF ALL CLIENTS OF PROFESSIONAL COUNSELING ACCORDING TO LAW. Everything will be done within the constraints of the law and professional guidance to maintain each and every client’s full confidentiality by the Therapist.
In a group therapeutic setting it is also mandatory that each client commits to maintain the confidentiality of every other client in the group, and does not discuss what is shared within the group setting with anyone outside of the group.
However, with respect to the Therapist, there are some limits which are mandated by state law. It is very important that you and those seeking counseling with you carefully read and understand the following.
Duty to Warn
Some courts have held that if an individual intends to take harmful, dangerous, or criminal action against another human being, or against himself or herself, it is the counselor's duty to warn appropriate individuals of such intentions. Those warned may include a variety of persons such as:1. The person or the family of the person who is likely to suffer the results of harmful behavior. 2. The family of the client who intends to harm him/herself or someone else. 3. Associates, friends of those threatened or making threats. 4. Law enforcement and medical emergency officials.
Child Abuse
California state law mandates the reporting of incidence of or suspected incidence of child abuse, including physical abuse, sexual abuse, unlawful sexual intercourse, neglect, emotional and psychological abuse. All actual or suspected acts of child abuse should be reported to the appropriate agencies. (Article 2.5 Penal Code 11165 and 11166)
"Dependent Adult" and Elderly Abuse
California law requires the incidence of "dependent adult" or elderly physical abuse to be reported to California authorities. (Welfare and Institution Code, Sec. 15630)
Therapeutic Criminal Involvement
The State Law in the Evidence Code 1018 reads that "There is no privilege (confidentiality) under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort." (Evidence Code 1024, 1965. Chp. 299)
Family and Couple Therapy
Family members and couples may be seen at times individually or conjointly. Information shared during these sessions or in related settings (e.g. telephone calls) is considered part of the overall family or couple therapy process and is not confidential from the other participating family members or partners. The therapist will use discretion in handling these matters. It is important that you, the client, understand this policy before treatment begins. Healthy relationships are built on openness and truth.
Cancellation Policy
If you are a no-show or otherwise fail to cancel a scheduled appointment with at least 24 hours prior notice, I cannot use this time for another client and you will be billed respectively for the entire cost of your missed appointment. A bill will be mailed directly to all clients who do not show up for, or appropriately cancel an appointment with at least 24 hours prior notice.
Neglect of Outstanding Debt
In the event that a client fails to honor, after reasonable efforts to collect; his/her debt, the account may be referred to an agency or attorney for collection or legal action. This will necessitate the release of pertinent demographic information as well as accounting information (no therapeutic information will be released).
Please be sure that you have read the above very carefully. If you are not sure that you fully understand any of the above, please ask your counselor before you sign below.
I/We have read and fully understand the limits of my/our confidentiality and the other information outlined above. I/We further agree to abide by the policy set out above. I/We have had a chance to ask my/our Therapist for additional clarification regarding the limits of confidentiality.
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