Legal Question in Family Law in Massachusetts
psychotherapy notes
my daughter is presently seeing a therapist-she has stated her father has hit her a number of times as well as called her names x many years. she is now almost 13. we have been going through the probate court system-and he has not had visitation x 15 months-To get to the point-He is trying to get her psycotherapy notes-as far as I have been told this is privlidged information between patient and doctor, unless she was suicidal/homicidal.
2 Answers from Attorneys
Re: psychotherapy notes
It is not clear that the interaction between a 13 year old and her therapist are protected as against a request by the parents with legal custody. I would suggest the following:
1. If the therapist is actually licensed or certified under state law allowing such a privilege;
2. What the legal basis of the therapist for believing that the communication is protected; or
3. Have the daughter sign a release or pull her out of therapy.
If you have any questions, contact me.
Re: psychotherapy notes
I do not believe that a 13 year old has a psychotherapist-patient privilege in this matter unless there is some showing that releasing the notes to a parent with joint legal custody would be dangerous or harmful. If there is evidence of abuse, then the court MUST refer the matter to DYS for investigation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
