Legal Question in Family Law in Maryland
Testimony by therapist
If a therapist who has been counseling a child 6 years of age testifies for that child's emotional state at a custody hearing, is that therapist still permitted to be that child's therapist. Have been told that the therapist cannot treat child once therapist testifies because the confidentiality is broken.
2 Answers from Attorneys
Re: Testimony by therapist
I know of no reason why the therapist could not continue to treat the child just because he/she testifies at a custody hearing. First of all, the therapist is presumably testifying with the consent of the child's custodial parent, thus waiving confidentiality. It's also quite possible that the therapist could testify as to the child's emotional state without actually revealing communications between the therapist and the child. It would obviously not be in the best interests of the child to allow a working relationship between therapist and patient to be jeopardized by a court proceeding.
Re: Testimony by therapist
You have been misinformed. There is no reason why a therapist can't continue treating a child after testifying in court concerning the child. Sometimes the court orders a parent to continue with the therapy after hearing the testimony of the therapist.
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