Article by Madison Weber, MHC-LP
Therapy can be a lifeline for individuals of all ages, including minors who may be dealing with various emotional, behavioral, or psychological challenges.
Maintaining confidentiality within the therapeutic relationship is crucial to build trust and foster open communication.
However, when it comes to minors, confidentiality in therapy is a complex issue that requires careful consideration and adherence to legal and ethical guidelines.
The Rights of Minors in New York
A minor is anyone under the age of 18.
Though, there are some unique circumstances in which minors can actually consent to their own therapy in New York, it can be a tricky process and generally not guaranteed.
One of the questions I’m often asked in intakes with minors is: what are you going to tell my parents?
This is where I come to explain confidentiality and what it looks like in therapy with minors.
Understanding the Basics of Confidentiality in Therapy
Confidentiality is a fundamental component of the therapist-client relationship.
It ensures that clients can discuss their thoughts, feelings, and concerns in a safe and nonjudgmental environment.
Therapists are bound by ethical codes and, in many cases, by state laws to maintain the confidentiality of their clients.
For adults seeking therapy, the rules around confidentiality are relatively straightforward.
However, when minors are involved, the situation becomes more intricate, as therapists must navigate the balance between preserving confidentiality and protecting the minor’s safety and well-being.
Breaking it Down
So, considering that typically parents/guardians are the ones consenting to minors receiving treatment, they can access their minor children’s mental health records.
However, there are some legal limits to your parents accessing your records.
- Your therapist must not reveal information to your parent if your therapist determines that telling your parents would be detrimental to your course of treatment, your relationship with your therapist, or your relationship with your parents.
- Your therapist may withhold information from your parents if you are over the age of 12 and you object to the disclosure. In such cases, your therapist will consider your request in withholding information.
While therapists will do everything in their power to maintain confidentiality and promote a healthy dialogue between you, themselves and your parents, there are some instances that therapists will have to break confidentiality.
What are the limits to confidentiality for minors?
There are instances in which your therapist is required by law to break confidentiality and tell your parent/guardian or specific authorities certain information.
These instances are:
- If your therapist believes that you are an immediate danger to yourself or others.
- If the therapist suspects child abuse or neglect, they must report this to the proper authorities.
- There may be specific legal instances in which therapists may be required to release information from therapy records.
Ethical Considerations
I know it can sound scary that there is a chance that your confidentiality can be broken.
However, as therapists, while we follow legal guidelines and uphold the law, we are also bound to our own ethical guidelines.
So, while we may be required to disclose some information to authorities or parents/guardians, we do our very best to maintain confidentiality to the best extent possible.
For instance, we only disclose relevant information to the breach of confidentiality, and try to uphold your privacy to the best of our abilities.
Our ethical guidelines emphasize the importance of respecting minors’ confidentiality while also ensuring your safety and well-being.
Your therapist will also likely involve you in discussions about the limits of confidentiality, ensuring that you understand when and why confidentiality may be breached.
This empowers minors to take an active role in their treatment and builds trust in the therapeutic relationship.
The Role of Parents and Guardians
While minors have the right to seek therapy without parental consent in New York, it is generally beneficial for therapists to involve parents or legal guardians in the therapeutic process, with the minor’s consent.
This collaboration can provide a more holistic approach to the minor’s well-being and ensure that parents are aware of their child’s progress and any relevant issues.
Therapists often work with minors and their families to strike a balance between the minor’s need for privacy and the parents’ desire to support their child.
Open communication and collaboration among all parties involved can lead to more effective therapy outcomes.
While it is important to create a trusting relationship with your client, it is equally important to have a trusting relationship with your minor client’s parents/guardians.
Parents/guardians have to trust the child’s therapist to disclose relevant information when necessary, and feel secure in the fact that they may not be privy to all information their child may disclose.
Why is confidentiality important for minors?
It is really important for minors to feel that they have some control of their therapy journey.
If there is fear that a therapist will be unable to maintain confidentiality, it is unlikely that a minor in treatment will disclose important information that is relevant to their mental health.
I also tend to remind my clients that I will not break confidentiality without their knowledge. We will likely have some, if not extensive, conversation surrounding the issue before I decide to involve parents or authorities.
Keep in mind that therapist-client confidentiality is designed to create a safe and trusting environment for therapy, so therapists will typically only breach it in exceptional circumstances when there is a genuine concern for your well-being or the safety of others.
Balancing confidentiality with the safety and well-being of the minor is a delicate task that therapists in New York approach with sensitivity and professionalism.
This is a discussion that you, your parent/guardian and your therapist should have before starting therapy.
I encourage you to ask your therapist any questions you have about confidentiality and what it will look like in your relationship together.
By understanding and respecting the legal and ethical principles surrounding minors’ confidentiality in therapy, we can ensure that young individuals receive the support and care they need while maintaining their privacy and autonomy.
