Wb. Crenshaw et Jw. Lichtenberg, CHILD-ABUSE AND THE LIMITS OF CONFIDENTIALITY - FOREWARNING PRACTICES, Behavioral sciences & the law, 11(2), 1993, pp. 181-192
Confidentiality is widely considered to be of great importance in psyc
hotherapy. With few exceptions, the breaching of confidentiality is an
ethical violation and grounds for litigation. One such exception is t
he mandated reporting of known or suspected child abuse, representing
a legally sanctioned limitation of confidentiality. Because clients ge
nerally expect unlimited confidentiality in therapeutic relationships,
many therapists have begun to ''forewarn'' clients as a matter of inf
ormed consent. This research report: (a) briefly reviews issues surrou
nding mandatory reporting and confidentiality as they relate to forewa
rning, (b) defines and discusses forewarning as contrasted with ''info
rming,'' (c) examines state statutes, case law and ethical guidelines
relevant to forewarning, and (d) presents a survey of 428 mental healt
h providers (MHPs) on their forewarning practices in which 36.9% forew
arned all clients, 36.4% informed clients only upon suspicion of abuse
, and 20.6% informed only after receiving a disclosure of abuse. The i
mplications of these findings are discussed.