Is this a breach of confidentiality

[Mom_of_Sons]

I am in the process of getting divorced.  We had a court order to meet with a psychologist to mediate a custody agreement.  As part of that process, the psychologist asked to meet with our adult children.

She met with our 22yo daughter and told her that nothing discussed in the meeting would be shared with us (the parents).  Afterward, the psychologist prepared a written report telling us what our 22yo talked about.

My daughter is furious.

Is this a breach of confidentiality?

What steps would you suggest?

Thanks!

[voodoo scientist]

Patient confidentiality applies only to the patient(s), not patients' relatives or other people coming in to assist in treatment. What he did could possibly be brought before an ethics board, but to be frank, anything more than a slap on the wrist for him is going to be like winning the lottery - if you could even prove it, anyway.

It's also possible he never said nothing would be discussed and your daughter is creating an emotional smokescreen for saying something she didn't mean to.

[Mom_of_Sons]

Well, since I posted this, she went to the psychologist and found that the woman had a release with my daughter's signature on it saying that the woman could share the information.

However, my daughter doesn't remember signing it.  She thinks that the release may have her signature copied from one of the other two releases that she signed (a HIPAA release form and another one acknowledging their billing and office procedures).  We are still investigating the issue, but with that release in their files, we will have a much harder time proving a breach of ethics.

[voodoo scientist]

It's also possible he never said nothing would be discussed and your daughter is creating an emotional smokescreen for saying something she didn't mean to.

The probability of a court-appointed therapist doing this for no apparent reason is infinitesmal, whereas the probability of the above happening is fairly high (since we all do it fairly commonly). Your theory of a conspiracy to lie for the sake of lying is interesting too, though.

The steps I would suggest is that you engage your daughter about the things she brought up that she claims "didn't mean to be shared" instead of directing what you feel about those things onto the poor therapist.

[andee303]

Psychotherapists are mandated by law and by ethical standards to maintain the client's confidentiality.  However, there are certain limitations to the client's confidentiality (harm to self or others, child abuse, and elderly abuse).  This limitation is particularly true in cases where the court appoints a psychotherapist to assess the mental status of each involved.  The whole purpose of the psychotherapist's participation in a court proceeding -- be it civil or criminal -- is to inform the court of what has been said and how it bears upon the case.  In cases where the court appoints a psychotherapist, the psychotherapist's client is not the individuals involved, but the court.

Because the psychotherapist had your daughter sign a release of information, I doubt if you can do much.  Again, the psychotherapist's client is the court, not your daughter or you.

Sorry about your experience.

[Outsider]

She met with our 22yo daughter and told her that nothing discussed in the meeting would be shared with us (the parents).  Afterward, the psychologist prepared a written report telling us what our 22yo talked about.

My daughter is furious.

Is this a breach of confidentiality?

If that were my daughter, I would have been furious. I've had confidentiality violated before; it's one thing when your friends gossip, but professionals should act professionally.

As far as whether or not she really signed anything, I personally doubt it. She may just not be very mature, but you said that she was 22 - if even a teenager were aware that she had signed a document indicating that what was said to a therapist would be shared with others, she would simply have not said anything private.

[NataEames]

Outsider is right: Your daughter isn't a minor anymore and her confidentiality was severely violated. And even if she were a minor, this would have been illegal. And specifically telling your daughter that she wouldnt talk about her was inexcusable. You should sue!