Legal Help for Mental Health Professionals
Advising abuse counselors in metro-Atlanta
When receiving requests for privileged information pertaining to abuse victims, mental health professionals may understandably feel caught between moral and legal obligations. As abuse counselors surely know, abuse survivors demonstrate great courage and trust when they choose to disclose painful personal details. For each retelling of sexual abuse, child abuse, or bullying, a survivor may feel revictimized. When a lack of trust exists between counselors and victims, then fear of public exposure may cause victims to purposely suppress the types of feelings and memories that are most in need of healing. This is why it is so important for mental health professionals to know how to protect the counseling-patient privilege or psychiatrist’s privilege.
Lawyers representing defendants in criminal or civil cases may contact abuse counselors demanding certain documents for use in court. However, just because a lawyer is making the request does not mean that you have to turn over documents. Another scenario could involve requesting that a mental health professional appear in court to provide expert testimony. As one of my law firm’s services, I advise counselors about how to respond to requests for sensitive information about abuse victims. Without guarantees that confidentiality will be respected whenever possible, future victims of abuse may be less inclined to reach out to counselors and begin the healing process.
Mr. Agatston offers three levels of legal services for mental health professionals who treat abuse victims:
- Level One: Professional legal services for mental health professionals who receive seven or more subpoenas or other legal demands for their patients’ records per year
- Level Two: Professional legal services for mental health professionals who receive four to six subpoenas or other legal demands for their patients’ records per year
- Level Three: Professional legal services for mental health professionals who receive one to three subpoenas or other legal document demands for their patients’ records per year.
Complying with requests for privileged information
According to state and federal statutes, information about abuse victims cannot always be withheld. Usually, it depends on who is asking for the records and if they have any legal authority supporting them. There are instances when counselors may have to disclose information. For example:
- When a subpoena or court order requests specific information or records, and the law requires the production
- When the party signs authorization to release information (parents if youth under the age of 18)
Also, counselors may have to comply with requests for relevant information that could confirm instances of child abuse for use in a criminal or civil trial. In such situations, a court may issue a subpoena for records to be disclosed. My firm can advise you about actions to take after receiving a subpoena or request for discovery from an attorney.
Providing consultation for counselors and advocacy groups
My wife, Dr. Patricia Agatston, and I have devoted our professional lives to empowering people—especially children—who have experienced various forms of abuse and cyber bullying. Legally, this involves representing abuse survivors in civil trials, as well as consulting with advocacy groups and private practice counselors regarding privacy issues—i.e., the counseling privilege in Georgia.
If you are a mental health professional such as a child abuse counselor, or an advocacy group interested in learning more about victims’ rights and the law, contact me to schedule a meeting or a speaking engagement in the metro Atlanta area.
