In New York State any mental health professional are considered mandated reporters for child abuse or neglect. With this being said it limits confidentiality as outlined in the 2014 ACA code of ethics when there is a clear and imminent risk of harm. As well as a court order requiring the release of information. It can also be breached when the patient you are working with is a minor. If the parent or guardian requests any information about the sessions you have held. It is important to know and understand the laws and regulations for your state to ensure you are in compliance and upholding legal and ethical standards while practicing services. ACA 2014 code of ethics - american counseling association. (2014). https://www.counseling.org/resources/aca-code-of-ethics.pdf Summary guide for mandated reporters - office of children and family ...
Summary Guide for Mandated Reporters in New York State. (n.d.). https://ocfs.ny.gov/publications/Pub1159/OCFS-
Pub1159.pdf In New York State, mental health professionals are mandated reporters for child abuse and neglect. This means that if a counselor has reasonable cause
to suspect that a child is being abused or neglected, they are legally required
to report this to the appropriate authorities, such as Child Protective Services
or law enforcement.
The limits of confidentiality in New York State, as outlined in the 2014 ACA Code of Ethics, include situations where there is a clear and imminent risk of harm to the client or to others, as well as when there is a court order requiring the release of information. Additionally, confidentiality may be breached when the client is a minor and their parent or legal guardian requests information about the counseling sessions.
It is important for mental health professionals to be familiar with the specific laws and regulations related to confidentiality and reporting requirements in their state, and to ensure that they are in compliance with these legal and ethical standards while providing counseling services.
