Are Therapists Allowed to Tell Police?
As a therapist, it is essential to understand the boundaries and limitations of confidentiality in your profession. When working with clients, you may encounter situations where you are asked to share sensitive information with law enforcement agencies. In this article, we will explore the question: Are therapists allowed to tell police? and provide guidance on when and how to share confidential information.
Confidentiality in Therapy
In most countries, therapists are bound by confidentiality laws and ethics codes that require them to maintain the privacy and confidentiality of their clients’ information. This means that therapists are not allowed to disclose client information without their consent, except in specific circumstances. The American Psychological Association (APA) Code of Ethics, for example, states that psychologists "respect the confidentiality of information and records related to their professional relationships with clients, former clients, and other individuals or organizations" (APA, 2017).
Exceptions to Confidentiality
While therapists are generally prohibited from sharing confidential information, there are certain exceptions where disclosure may be necessary. These exceptions include:
• Risk of Harm: If a client poses a risk of harm to themselves or others, the therapist may need to disclose confidential information to prevent harm (Holloran, 2019).
• Child Abuse or Neglect: Therapists are required by law to report suspected cases of child abuse or neglect to the appropriate authorities (HHS, 2020).
• Elder Abuse: Similar to child abuse, therapists may need to report suspected cases of elder abuse to protect vulnerable adults (NCOA, 2020).
• Court Orders: In some cases, therapists may be ordered by a court to disclose confidential information as part of a legal proceeding (APA, 2017).
When Can Therapists Share Confidential Information with Police?
Therapists may share confidential information with police in specific circumstances, including:
• Mandated Reporting: As mentioned earlier, therapists are required by law to report suspected cases of child abuse or neglect, as well as elder abuse.
• Threats of Harm: If a client makes a credible threat of harm to themselves or others, the therapist may need to disclose this information to the police to prevent harm.
• Crime or Criminal Activity: If a client is involved in a crime or criminal activity, the therapist may need to disclose this information to the police to facilitate an investigation.
Table: When Can Therapists Share Confidential Information with Police?
| Circumstance | Description |
|---|---|
| Mandated Reporting | Report suspected cases of child abuse or neglect, or elder abuse |
| Threats of Harm | Disclose credible threats of harm to prevent harm |
| Crime or Criminal Activity | Disclose information to facilitate an investigation |
How Can Therapists Share Confidential Information with Police?
When sharing confidential information with police, therapists should follow these guidelines:
• Get Consent: Obtain the client’s consent before sharing confidential information, unless there is a legal exception (e.g., mandated reporting).
• Minimize Disclosure: Only disclose the minimum amount of information necessary to address the situation.
• Maintain Confidentiality: Ensure that any records or documents shared with the police are kept confidential and secure.
• Follow Professional Guidelines: Consult with professional organizations, such as the APA, for guidance on sharing confidential information with police.
Conclusion
In conclusion, therapists are generally prohibited from sharing confidential information with police, except in specific circumstances. It is essential for therapists to understand the exceptions to confidentiality and the guidelines for sharing confidential information with police. By following these guidelines, therapists can maintain the trust and confidentiality of their clients while also ensuring public safety and well-being.
References
American Psychological Association. (2017). Ethical Principles of Psychologists and Code of Conduct. Retrieved from https://www.apa.org/ethics/code/
Holloran, J. (2019). Therapist-Patient Confidentiality: What You Need to Know. Retrieved from https://www.psychologytoday.com/us/blog/the-power-prime/201903/therapist-patient-confidentiality-what-you-need-know
Health and Human Services. (2020). Child Abuse and Neglect Prevention. Retrieved from https://www.acf.hhs.gov/cb/focus-areas/child-abuse-neglect
National Council on Aging. (2020). Elder Abuse Prevention. Retrieved from https://www.ncoa.org/news/resources-for-reporters/get-the-facts/elder-abuse/
