A minor’s parents or legal guardian has a legal right to be informed of information revealed by the minor during the course of his or her treatment unless a legal exception to this general rule applies. Examples of a legal exception include when a minor is emancipated or is legally able to consent to his or her own treatment. However, when the parent or legal guardian has the right to confidential information, therapists must balance this right against the minor’s need to trust that his or her disclosures will be kept confidential. A good practice in this situation is to have all parties agree at the outset of treatment what kinds of information will and will not be disclosed (even though the agreement may not be legally binding). It would also be necessary to inform the minor that not everything can or should be kept confidential. This discussion with the minor and parents should take into account the needs and concerns of the parents, the bests interests of the child, and the impact of breaching the child's confidentiality on the therapeutic relationship. The discussion should end with an agreement between all parties about what information revealed by the child will and will not be shared with the parents. If an agreement cannot be reached that suits all involved parties, including the therapist, then choosing to refer the minor to another provider for treatment may be an option.
In terms of the kind of agreement that is commonly reached, a therapist will usually be sensitive to the parents' concerns and give them regular reports on their minor child's progress in treatment without revealing specific confidential information.
Come back later this week for a question related to minors and confidentiality…