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Court ordered family counseling

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Isis1

Senior Member
I wouldn't mind knowing the answer to this myself.
My oldest kiddo seemed to want to tell me something more but felt that she couldn't. Good for her for sticking with the rules......but....if she knows that something has been lied (which I know is not against the law) about or something disturbing said.....she can't ask me or tell me about it?
if the child WANTS to talk about it, that's one thing. but to ask a child, butter them up or go fishing for information is another thing.

mom, just send a copy of the court order, if your input is asked for, give it without the children present.

my son was also in court approved therapy, i never onced asked what he said to his therapist. i asked if he enjoyed the session, and that was it.
 


She definitely wanted to talk about something, but felt bound by the rules.
I won't ask about it in the future but maybe just let them know that if there's something they feel is imperative they can talk to me.
I was just wondering if there's an actual LAW that says that one can not speak about what was said in a counseling session.
I don't want my children to break the rules any more than I want NCP to.
This is a good lesson for everybody and I'm proud of my daughter for being an upstanding rule abiding citizen. (moms beaming)
Again, I thank you for not only law advice but some moral advice as well. I am here to listen and learn.
 
I was just wondering if there's an actual LAW that says that one can not speak about what was said in a counseling session.
The only such laws apply to the counselor, not the client.

However, if the goal of the counselor is to get your daughter to think independently about something and come to her own conclusions, it may be counter-productive for this process for her to discuss it with you. Especially if it pertains to your daughter's relationship with her father.

I recommend that you tell your daughter, "It seems like you wanted to ask me or tell me something related to your counseling session, but you felt that you weren't allowed to. Please go back to the counselor next session to discuss that issue further, and ask the counselor specifically about this issue as to whether it would be beneficial for you to discuss it with others, including myself."
 

wileybunch

Senior Member
I think people are confusing HIPAA with the child's right to privacy in counseling sessions. What CourtClerk is talking about is not the HIPAA regulations (which bind the PROVIDER to keep the child's privacy), but rather the MORAL obligation to allow the child privacy in their counseling sessions so that they can feel safe in those sessions and not feel any fear or intimidation that their parents will violate that privacy such as pumping them for info and that sort of thing. Whether there is a statute protecting such rights, I don't know as that would vary state by state. There is also the dimension of this counseling being associated with a family court order and the court would naturally show concern if it appeared that one parent was involving themselves in the private counseling of the child from affair. This is not to say the child can never share the same thoughts and feelings with a parent that they share with a counselor, though.
 

StampGirl

Senior Member
I think people are confusing HIPAA with the child's right to privacy in counseling sessions. What CourtClerk is talking about is not the HIPAA regulations (which bind the PROVIDER to keep the child's privacy), but rather the MORAL obligation to allow the child privacy in their counseling sessions so that they can feel safe in those sessions and not feel any fear or intimidation that their parents will violate that privacy such as pumping them for info and that sort of thing. Whether there is a statute protecting such rights, I don't know as that would vary state by state. There is also the dimension of this counseling being associated with a family court order and the court would naturally show concern if it appeared that one parent was involving themselves in the private counseling of the child from affair. This is not to say the child can never share the same thoughts and feelings with a parent that they share with a counselor, though.
In the state of CA, there is something (can't remember the statute or law right now) that protects the privacy of the counseling session.

My daughters have all been to see a counselor. The first session was a "ground rules" type of session. Basically, the child can determine if he/she talks about what happens in the session. We, as parents, are not privvy to that information UNLESS the child wants to talk about it, OR if the child is a danger to themselves or others the counselor is obligated to inform the parents/authorities.

There have been times where my daughter wants to talk about what was said and many times where they don't. I don't push etc.

Also in reference to the court order issue, when I did intake sheets on all our kids for counseling the forms asked what the court orders were in regards to custody and visitation etc.
 
The counseling service is run by the local Police Department.
This particular counselor is an intern supervised by a licensed MFC.
I finally called and the receptionist told me that they do not receive any court orders or case files and that it has to be agreed by both parents if one wants to provide those to the counselor.
The receptionist suggested that I speak to the counselor about it if it's of concern to me.
I think I'll wait for the kiddos to have a few more sessions and see what happens.
I'll be keeping my fingers crossed that nothing does...
Thanks to all, this has been a very informative thread.
 
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