Legal Question in Legal Ethics in California
I am friends with a couple that have on child together, but have recently split up. I contacted the dad to inform him of neglect and possible abuse of the child by the mom, and in my email, explicitly asked for confidentiality. He unfortunately sent my email to the child's therapist without my consent, and now the therapist is planning on showing it to the mother. Is this ethical or even legal for a marriage and family therapist to reveal or give third party information to a client in such a way? Is it a conflict of interest to give this type of information to the client's mother if there is a potential custody dispute in the works(dad asked for custody)? Lastly, doesn't the therapist have a mandated reporting duty to report suspected abuse of the child, even if by the client's mother, instead of giving the mother a third party's information without consent? Thanks
2 Answers from Attorneys
The therapist is the child's therapist. His only duties, including confidentiality, are to the child and to some extent to the family, but as between the parents he is obligated to share information equally. He certainly owes you no duty whatsoever.
As for mandatory reporting, you are correct. Of course not all neglect triggers a duty to report. And if you think the mother's conduct may reach the level that would trigger a mandatory report, then why haven't you reported it?
I suggest you either get your nose entirely into the matter, if that is appropriate to protect the child, or get your nose out of it, instead of complaining about what people do about your half-in/half-out involvement in the matter.
I agree with Mr. McCormick's assessment. I write separately to point out that this was posted in the wrong category.
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