Mediate Michigan

The positive impact of mental health counseling is fundamentally dependent on a client’s perceived trust that the information shared will be treated confidentially and will not be shared with others.1 This is especially important for children, whose mental health records do not enjoy the same protection as those of adults. Wisconsin Statutes permit the disclosure of children’s mental health records to parents or other third parties, given proper notice, with certain exceptions.2 This article will discuss arguments against such disclosures and will present several alternatives to allowing parents access to their children’s records.

Parents involved in custody or placement disputes may have a strong interest in obtaining their children’s records, not only for reassurance that their child is “doing OK,” but also to find information that may strengthen their own court cases. Often a parent’s attorney will send a subpoena duces tecum requesting a child’s records. If the court appoints a guardian ad litem, the GAL may want to obtain information from the children’s therapists, information that may help the court decide what custody and placement options are in the child’s best interests.

via State Bar of Wisconsin | InsideTrack | Children’s mental health records: risks versus benefits of disclosure to parents or other parties.