| Submitted to the District
of Columbia Council May 5, 2008
Coalition to Protect the Privacy Rights
Of Children and Families
We the undersigned strongly urge the
Council to exempt mental health professionals from the record disclosure
requirements of Bill 17-247.
As written, the proposed Child Abuse and Neglect Investigation Record
Access Amendment Act of 2008 (Bill 17-247) violates long-established
principles of privacy of mental health records, unnecessarily invades the
child’s right to privileged communication, and opens the door to potential
misuse of confidential information.
The requirement of disclosure of psychotherapy records at the onset of an
investigation of child abuse or neglect -- without judicial review -- has
disturbing implications:
- Disclosure of confidential records is
known to have a profoundly chilling effect on the treatment relationship
between child and psychotherapist. Damage to the family and child’s
trust in therapy may be irreparable, and bring an end to needed
treatment for the child.
- The proposed amendment risks a
repetition of the abuse trauma itself, because the private space of the
child is once again invaded, leaving the child helpless and without a
safe space.
- To bypass the judicial review with
regard to a child’s psychotherapy records would set a dangerous
precedent which is contrary to the intent of the U.S. Supreme Court’s
decision in Jaffee v Redmond as well as the District of Columbia Mental
Health Privacy Information Act.
-
- Compliance with the requirement to
disclose psychotherapy records without judicial review would place
mental health professionals in violation of the ethical codes and
accepted standards of care required by each of the clinical mental
health professions.
In fact, the measure is excessive with
regard to the records of mental health
professionals. As mandated reporters, mental health professionals are
already required to make reports of the nature and extent of suspected
abuse or neglect of children. In the great majority of abuse/neglect
investigations, allegations prove to be unfounded. District law already
provides that, as an investigation progresses, the decision about specific
treatment records or any other information needed by Child and Family
Services Agency (CFSA) can be made at the discretion of a judge in the
privacy of a closed courtroom. This process is already in place.
An amendment exempting mental health professionals from the record
disclosure requirements of Bill 17-247 would prevent the unintended
consequence of harming the very children that the bill means to protect.
Psychotherapy records should not be sought at the outset of an
investigation, nor should they be disclosed without judicial review.
ORGANIZATIONS
Greater Washington Society for Clinical
Social Work
National Association of Social Workers DC-Metro Chapter
Washington Psychiatric Society
Child and Adolescent Psychiatric Society of Greater Washington
Baltimore-Washington Society for Psychoanalysis
Accreditation Council for Psychoanalytic Education
American Psychoanalytic Association
American Civil Liberties Union of the National Capital Area
Association for Psychoanalytic Thought
District of Columbia Psychological Association
In addition to the organizations, 115 social workers, psychiatrists,
psychologists and others signed onto this letter.
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