Privacy Rights Records

When Jeff was 16 years old, he saw a counselor for conduct issues. During one of those sessions, Jeff volunteered that he had tried on his sister’s undergarments. Ten years later, Jeff is experiencing a life crisis. His estranged wife is suing for custody of their children, and Jeff is concerned that his childhood counseling record may be discoverable by the court.

Discussion Questions

1. If you were Jeff’s adolescent counselor, how might you have best documented the issue he described?

2. What information should and should not be entered into the clinical record?

3. Can you offer any reassurances regarding the retention and availability of his older record?

4. If you were his current counselor, how would you record this disclosure about his previous counseling?

5. What information should Jeff’s attorney be aware of regarding his rights of confidentiality?