Sharing Information About Clients: Confidentiality and Privileged Communication in Child Abuse, Neglect and Juvenile Delinquency

摘要

Limitations and modifications of the professional's legal duty to preserve the confidence and privacy of clients are discussed. If a professional has confidential information about a client, he or she may share it with others if there is a valid Consent for Release of Confidential Information regarding that information. A professional may share certain confidential information under the following circumstances: (1) when professionals are mandated by law to report cases of suspected child abuse or neglect and to testify in court when the information is directly related to inadequate mental or physical care of a child and (2) when the sharing of information between professionals in an agency and among consultants is necessary for the benefit of the client. An initial contract with a client may preserve or set aside all or part of a duty to preserve confidences. The risk of a successful lawsuit for breach of confidentiality is slight. The appendices provide a collection of statutes creating privileged communication and confidentiality for various professions in Michigan and present recommendations for policy and procedures regarding confidentiality. References are provided.