Ethics Therapy for Children of Divorce
Therapy with
Children of Divorced
Parents
A Presentation by:
Trichelle July-Lindo and Susye Greenwood
Video
• https://www.dropbox.com/s/a9a0uhhzwjwrddy/Merryl
%20Ethics%20Presentation.mov?dl=0
Ethical and Legal Issues
• Court Subpoenas
• Therapist Neutrality
• Informed Consent
- Confidentiality
- Parents’ Rights
Subpoenas
• There is real possibility that you may receive a subpoena to produce documents and/or testify in a case involving the parents/guardians of your patient.
• Some therapists include stipulations on their informed consent form that seek to protect themselves from legal involvement. (This runs the risk of becoming a dual relationship.) Examples of such informed consent are as follows:
- You also agree to instruct your attorneys not to subpoena me or to refer in any court filing to anything I have said or done.
- You agree that my role is limited to providing treatment and that you will not involve me in any legal dispute, especially a dispute concerning custody or custody arrangements (visitation, etc.).
- If there is a court appointed evaluator, and if appropriate releases are signed and a court order is provided, I will provide general information about the child which will not include recommendations concerning custody or custody arrangements. Upon Subpoena by the Court
• If required by the court to testify, a mental health counselor is ethically bound not to give an opinion about either parent’s custody or visitation suitability.
• If the court appoints a custody evaluator, guardian, or parenting coordinator, the therapist will provide information as needed. (If appropriate releases are signed or a court order is provided)
• The therapist will not make any recommendation about the final decision.
Therapist Neutrality
• The therapist counseling a child of divorce can easily be put into an ethically tricky situation by contentious parents.
• Therapists are neutral third parties. They are there to form a therapeutic relationship with the
Children of Divorced
Parents
A Presentation by:
Trichelle July-Lindo and Susye Greenwood
Video
• https://www.dropbox.com/s/a9a0uhhzwjwrddy/Merryl
%20Ethics%20Presentation.mov?dl=0
Ethical and Legal Issues
• Court Subpoenas
• Therapist Neutrality
• Informed Consent
- Confidentiality
- Parents’ Rights
Subpoenas
• There is real possibility that you may receive a subpoena to produce documents and/or testify in a case involving the parents/guardians of your patient.
• Some therapists include stipulations on their informed consent form that seek to protect themselves from legal involvement. (This runs the risk of becoming a dual relationship.) Examples of such informed consent are as follows:
- You also agree to instruct your attorneys not to subpoena me or to refer in any court filing to anything I have said or done.
- You agree that my role is limited to providing treatment and that you will not involve me in any legal dispute, especially a dispute concerning custody or custody arrangements (visitation, etc.).
- If there is a court appointed evaluator, and if appropriate releases are signed and a court order is provided, I will provide general information about the child which will not include recommendations concerning custody or custody arrangements. Upon Subpoena by the Court
• If required by the court to testify, a mental health counselor is ethically bound not to give an opinion about either parent’s custody or visitation suitability.
• If the court appoints a custody evaluator, guardian, or parenting coordinator, the therapist will provide information as needed. (If appropriate releases are signed or a court order is provided)
• The therapist will not make any recommendation about the final decision.
Therapist Neutrality
• The therapist counseling a child of divorce can easily be put into an ethically tricky situation by contentious parents.
• Therapists are neutral third parties. They are there to form a therapeutic relationship with the