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Psychotherapy: Under what circumstances do therapists break confidentiality with their clients?

UPFRONT DISCLAIMER: KNOW THE LAWS IN YOUR JURISDICTION!The American Psychological Association's (APA) Ethics Code for Psychotherapy requires that all psychologists discuss the limits of confidentiality with their clients during in an informed consent agreement at the start of treatment (Standard 4.02, Title 10.36.05.08A). Further, the informed consent information must be given to the client in understandable language (Standard 3.10a). If you're in therapy, look back to the informed consent document that you agreed to at the start of treatment.There are several instances where psychologists are allowed to break confidentiality without the client's consent. For typical psychotherapy (e.g., individual therapy, not court-ordered, not a forensic or corporate evaluation) it is my understanding that, currently, the most common cases are as follows:The client is at significant risk of harming themselves or others. Psychologists are allowed to break confidentiality if they believe that a client is in imminent danger of harming themselves (Knapp & VandeCreek, 2006). Psychologists have a duty to break confidentiality if they believe that their client is at risk of harming/killing someone and there is no reasonable alternative (e.g., hospitalizing the client; Knapp & VandeCreek, 2006). Some states have very specific laws regarding the psychologist's duty to commit, treat, or warn.There is evidence of child abuse. In many states, such as Maryland, practitioners and educators are mandated to report the reasonable suspicion of abuse or neglect of a minor (a child under 18; Family Law Article § 5-701). How abuse and neglect are defined differs from state to state. Often abuse includes physical, sexual, and emotional abuse. However, not all states include emotional abuse in their reporting laws (Twaite & Rodriguez-Srednicki, 2004). In some states, mandated reporters must report past abuse/neglect of an adult if it occurred when the client was a minor.There is evidence of abuse to a vulnerable adult. (The definition of a “vulnerable adult” is typically an adult who lacks the physical and mental capacity to provide for their daily needs.) Some states, such as Maryland, require that health practitioners make a report if they have reason to believe their vulnerable adult client has been subject to abuse, neglect, self-neglect, or exploitation (Family Law Article § 14-101). Other states, such as Colorado, North Dakota, Pennsylvania, South Dakota, and Wisconsin, encourage but do not require reporting (Welfel, Danzinger, & Santoro, 2000).Treatment of minors. In some states, clinicians may disclose any treatment information of a minor to their parent/guardian without the minor's consent, unless an agreement is signed by all parties that specifies otherwise.There is a court order to release the information. In most states, psychologists must comply with a judge's court order for the release of an individual's medical records. However, each state has its own laws about client-therapist privilege (DeBell & Jones, 1997).The client initiates litigation against the psychologist. If a clinician is being investigated, they may be required to disclose medical records to health and licensing boards for investigations for licensure, certification, or disciplinary action. They may also be required to disclose medical records for criminal investigations.The client is involved in litigation and introduces his relationship with the psychologist into evidence. It's my understanding that in some states, this is an exception to confidentiality.The client is impaired and requires involuntary treatment. Depending on the state, a patient can be involuntary committed by court order or by the provider if deemed necessary. When a client is transferred to new treatment facility, medical records are often allowed to be disclosed to the center or another health care provider without the client's authorization.Now, there are also special cases. For example, can a couple's therapist break confidentiality and tell the wife something she [the therapist] was told by the husband in private? How does confidentiality work for a "mature" or "emancipated" minor? If military personnel see a military doctor, is their session confidential? Etc. There are too many corner cases to get into in a simple answer here.The bottom line: Laws related to confidentiality are complex. The above is an overview, in very broad strokes, of common principles related to exceptions to confidentiality for psychologists. It is not intended to be a comprehensive list or to provide definitive answers for all readers. Know the laws in your jurisdiction! If you are a client and are unfamiliar with the laws that govern your treatment, speak with your clinician. They have an obligation to explain the informed consent you both agreed to at the start of treatment in an understandable way. If you are a treatment provider and are interested in staying up to date on the latest changes to state and federal law, contact your state psychological association.Further reading:Barnett, J.E., & Johnson, W.B. (2008). Ethics Desk Reference for Psychologists. Washington, DC: American Psychological Association.

How do I file a HIPAA complaint against an individual who is using a minor child’s health information in court without consent?

It depends.Was the child’s health put at issue in a proceeding?For example, in a divorce, if Spouse 1 says Spouse 2 abused the child, and here is the proof, as the parent of the child (with legal capacity to consent to the release of the records) the parent has waived any confidentiality associated with medical records used as proof. Spouse 2 cannot complain because a person with authority and capacity to consent to the release has done so.If raised by the non-custodial parent, however, and one without capacity to consent, there might be an issue. The easiest thing to do to stop it from later harming the child is to ask for a protective order for the medical records such that no one other than those directly involved in the case (lawyers, judge, experts) can use them, and demand that they be shredded and removed from the Court file at the end of the proceeding.

Could somebody explain to me rationally why they support Donald Trump? I want to understand this.

Here you go, here’s why I’m excited about Trump:1. Trump is the Opposite of Racist, a Nationalist. Nationalism was conceived as a means of overcoming tribal racism, of uniting diverse peoples with a mutually supportive, overarching national identity. Does dividing us by races, ethnicities, and identities and prevent us from being united as Americans? E Pluribus Unum – from the many, one people.And yes, he has denounced white supremacists: Trump condemns 'racism, bigotry and white supremacy' in speech after mass shootings kill 31 and 'Racism Is Evil': Trump Denounces The KKK, Neo-Nazis And White Supremacists and Frank Macera's answer to Has Trump denounced white supremacy? and President Trump Releases The Platinum Plan for Black Americans: Opportunity, Security, Prosperity, and Fairness)The Chairman of the Proud Boys, Enrique Tarrio, is both black and Hispanic.Trump receiving the Ellis Island Award along with Rosa Parks:Lowest black and Hispanic unemployment in our history.Support for historically black colleges. “Provided long-term funding for historically black colleges and universities in his three years in office, and has helped redirect resources to opportunity zones, or low-income areas where new investments may be eligible for tax breaks.Criminal Justice Reform with the First Step Act has released 1,000’s of non-violent offenders.First Step Act, landmark criminal justice reform legislation enacted by an 87-12 vote in the Senate on December 18 and a 356-36 vote in the House on December 20. President Donald Trump signed the bill into law on December 21.”First Step Act Was This Past Year's Second Example Of Federalism At Its FinestEven Obama adviser Van Jones says Trump doesn't get credit for the good things he has done for the black community.Lowest black and Hispanic unemployment in our history.Support for historically black colleges. “Provided long-term funding for historically black colleges and universities in his three years in office, and has helped redirect resources to opportunity zones, or low-income areas where new investments may be eligible for tax breaks.Criminal Justice Reform with the First Step Act has released 1,000’s of non-violent offenders.First Step Act, landmark criminal justice reform legislation enacted by an 87-12 vote in the Senate on December 18 and a 356-36 vote in the House on December 20. President Donald Trump signed the bill into law on December 21.”First Step Act Was This Past Year's Second Example Of Federalism At Its FinestEven Obama adviser Van Jones says Trump doesn't get credit for the good things he has done for the black community.Van Jones says Trump 'doesn't get credit' for helping black people2. Covid-19:Jan. 31. Trump restricts travel by anyone who had been to China within 2 weeks to returning citizens and authorizes screening and quarantine as needed:“The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. I have also determined that the United States should take all necessary and appropriate measures to facilitate orderly medical screening and, where appropriate, quarantine of persons allowed to enter the United States who may have been exposed to this virus.”Feb. 1 Biden calls Trump a xenophobe and fear-monger and offers no plan of his own. Apparently, it would have been a lot worse if Biden were president. “We are in the midst of a crisis with the coronavirus. We need to lead the way with science — not Donald Trump’s record of hysteria, xenophobia, and fear-mongering. He is the worst possible person to lead our country through a global health emergency.” – Joe Biden @JoeBiden 4:01 PM · Feb 1, 2020·TweetDeck?Biden was a United States Senator with 47 years in politics and a national platform. What new anti-virus policies is he endorsing? Is criticizing Trump enough to end the virus?De Blasio’s actions in New York were responsible for the majority of the spread in the United States:Feb. 9 De Blasio urged the 500,000 person Chinese New Year celebration to go forward with tourists from all over the country and the world, especially Europe. This resulted in nearly half of all the early cases, and all those tourists going home and initiating the spread in a number of places around the country.New York Chinese New Year Feb. 20203. Apprenticeship training - Apprenticeship.gov4. School Choice. Why shouldn’t hard working poor kids be able to join others of like mind and get a good education? Public school isn’t always the best choice: Ted Kord's answer to Shouldn’t well-behaved students have a right to a peaceful and safe environment in which to learn? Restorative justice in my kids’ schools is making my kids miserable and inhibiting their learning.5. Block education grants allow local districts to spend money the way it makes sense in their district instead of the current “knowledge isn’t important” and “no discipline” philosophy coming out of Washington. Our spending has risen dramatically in the last decades, yet test scores haven’t gone up and teachers complain about their salaries. Shouldn’t we try another way?6. Lowest black and Hispanic unemployment in our history.7. Lower foreign student enrollment to make room for our own children.8. Tax code that stopped subsidizing the rich with $10,000 maximum local tax deduction. I paid more myself, but I think it’s fair. Individual tax receipts were higher in 2018 than 2017. Middle and lower incomes paid less, with childcare credit doubled to $2,000, standard deduction raised to $12,000, and tax brackets lowered, so where did the money come from to pay for these cuts? People with expensive houses paid for it.9. Big companies like Apple and Goldman no longer allowed to transfer income overseas to avoid taxes. This cost Goldman $5 billion in 2018.Goldman Sachs Is Taking a $5 Billion Hit From the Republican Tax Bill10. Equalized corporate taxes between the US and the developed world. Britain is 19%, China 20%, Sweden 21%, and now the US is 21%. How can we keep our jobs if we don’t at least avoid adding higher taxes to the incentives to leave? Apple announced building their first computer plant in America Jan. 1, 2018, the same day Trump allowed them to bring their billions home from China at 15% tax instead of 40%. They had been planning since 2013, and were just waiting for the tax to be lowered. Apple expands in Austin11. Fighting to prevent Chinese technology theft. Tariffs have already caused movement away from China to countries without state-sponsored technology theft. Blocking Huawei will spur more US component manufacture and send other business to Nokia and Ericsson who respect our laws.12. Net neutrality. Remember when charging based on data usage was going to censor the internet? Now everything is running better than ever, as promised.13. Ended Obamacare tax on poor who cannot afford health insurance even with subsidies.14. Drug pricing – Companies like GoodRx have shown us disclosing and comparing pricing caused drug prices to drop so much I’ve been able to drop my drug insurance. The pharmacy benefit manager middle men and drug stores had large markups, and now we’re reaping the benefits of competitive capitalism with lower prices. Epi pens were up to $600 under the previous administration, now the price is down to $110 at CVS and Target. Unlike single payer or insurance, you can get any drug cash pay with no hassles. Adrenaclick Prices, Coupons & Savings Tips - GoodRx15. Competitive, efficient hospital pricing. Actual hospital pricing will be disclosed starting Jan 1, 2020. This will rationalize and lower healthcare cost in the US. All the paid hours that go into our labyrinth of hidden pricing and negotiation, and multitudinous paperwork is expensive, and it prevents people from making informed decisions. Administration is about 1/4 of every healthcare dollar. All that paperwork and process costs a lot, there are separate contracts for every insurance company and fees are individually negotiated for each patient, all hidden and protected from competition. Straight forward healthcare pricing will save a bundle on administrative cost.My recent X-rays were billed at $1736. The insurance discount $1528, insurance payment $168, my payment $42. Obviously, I have to have insurance for the discount. But what if the X-rays were just billed at $210 cash pay? I wouldn’t need $1500/month insurance for ordinary care, I could have low cost catastrophic insurance, and pay cash for everything else. This would save a lot of administrative expense, and the more healthcare delivered per dollar, the more we’ll all have. The only way we can afford to provide healthcare for everyone is get that cost down. Total healthcare spending in 2018 was $3.65 trillion.Hospitals Sued to Keep Prices Secret. They Lost.Trump scores court win on hospital price transparencyU.S. Health Care Costs Skyrocketed to $3.65 Trillion in 2018 - A new analysis from U.S. federal government actuaries, the U.K., Mexico, Spain, and Canada.16. Defeated the ISIS Caliphate in short order by empowering military leaders to “seize the initiative and win,” reducing the need for a White House sign off on every mission. Trump has refused to get involved in any new wars, which is lovely.17. Criminal Justice Reform bill, “First Step Act” eliminated required minimum sentences. “More than 3,000 inmates have been released and another roughly 1,700 people convicted of crack cocaine offenses have seen their sentences reduced thanks to the First Step Act, according to data from the Federal Bureau of Prisons and the U.S. Sentencing Commission.” The First Step Act promised widespread reform. What has the criminal justice overhaul achieved so far?18. Recognized Jerusalem. Israel wasn’t going to give up their ancestral home, so it was a necessary condition for peace in the Middle East. Trump was right, the fears of violence were unfounded, and putting the recognition behind us paved the way for the UAE, Bahrain, and Sudan to recognize Israel for the first recognitions since Jordan in 1994. Egypt was first in the region in 1979.19. Improved the quality of VA care with the Veterans Accountability and Whistleblower Protection Act to allow senior officials in the Department of Veterans Affairs to fire failing employees and established safeguards for whistleblowers.Trump’s VA MISSION Act:• Strengthens VA’s ability to recruit and retain clinicians.• Authorizes “Anywhere to Anywhere” telehealth across state lines.• Empowers Veterans with increased access to community care.20. Did something about the 185,000 pages of conflicting overregulation. It isn’t even possible to meet all the regulations because different regulations call for different things. Here’s How Much Red Tape Trump Has Cut21. Rational EPA regulations. It doesn’t help the environment to let stock ponds turn black and stink and make the cattle drink it. You really do need to treat for invasive weeds and bacteria. I couldn’t treat the water in my tank to drinking water standard so the bacteria broke my skin out every time I ran my pump. Then, to add insult to injury, they said that water’s nasty so you have to spend $10,000 to have it disposed as hazardous material. Drinking water is hazardous to the environment?He plowed his field; now he faces a $2.8 million fine22. Great American Outdoors Act. “The fund must be used for priority deferred maintenance projects in specified systems that are administered by• the National Park Service,• the Forest Service,• the U.S. Fish and Wildlife Service,• the Bureau of Land Management, and• the Bureau of Indian Education.22. Brought stranded citizens back home:Here Are The 17 Prisoners Trump Has Freed Since He Took Office23. Expensive illegal immigration and the associated crime is being reduced. The cost of additional schools, healthcare, housing, and food benefits is substantial, especially when we’re spending over a $trillion/yr we don’t have. And there’s the gangs with their associated theft, murder, drugs, and sex slaves. Trump’s border wall construction:Trump Wall Construction - Track the Status of Trump's Border Wall!400th mile of border wall celebratedhttps://www.wfmz.com/news/livestream/watch-live-400th-mile-of-border-wall-celebrated/video_3c242b8a-19f7-11eb-91d9-1bdc61296a5c.htmlThen it turns out the major objections to Trump just aren’t true:1. Covid Mismanagement was Trump’s fault?List: 74 actions taken by Trump to fight virus and bolster economy.List: 74 actions taken by Trump to fight virus and bolster economy (List: 74 actions taken by Trump to fight virus and bolster economy)Jan. 31 Trump restricts travel to and from China, and those who had been to China:“The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. I have also determined that the United States should take all necessary and appropriate measures to facilitate orderly medical screening and, where appropriate, quarantine of persons allowed to enter the United States who may have been exposed to this virus.”https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/Feb. 1 Biden calls Trump a xenophobe and fear-monger and offers no plan of his own. Apparently, it would have been a lot worse if Biden were president. “We are in the midst of a crisis with the coronavirus. We need to lead the way with science — not Donald Trump’s record of hysteria, xenophobia, and fear-mongering. He is the worst possible person to lead our country through a global health emergency.” – Joe Biden @JoeBiden 4:01 PM · Feb 1, 2020·TweetDeckDe Blasio’s actions in New York spread Covid in the United States:Feb. 9 De Blasio urged the 500,000 person Chinese New Year celebration to go forward with tourists from all over the country and the world, especially Europe. This resulted in nearly half of all the early cases, and all those tourists going home and initiating the spread in a number of places around the country.New York Chinese New Year Feb. 2020“NYC health officials were on high alert, on Jan. 23, as deadly Coronavirus spreads around globe. Yet they did not stop Chinese’s New Year parades, Feb. 9, in all 5 boroughs, that typically draw 500,000 people. “https://brooklyneagle.com/articles/2020/01/23/nyc-health-officials-on-high-alert-as-deadly-coronavirus-spreads-around-globe/Feb. 13: "There are ZERO confirmed cases of coronavirus in New York City, and hundreds of Chinese restaurants that need your business!" the New York City mayor's office tweets. "There is nothing to fear. Stop by any Chinatown for lunch or dinner!"Feb. 24 Pelosi does her own spreading: “Speaker of the House Nancy Pelosi toured San Francisco's Chinatown Monday to send a message. She said there's no reason tourists or locals should be staying away from the area because of coronavirus concerns.https://www.nbcbayarea.com/news/local/nancy-pelosi-visits-san-franciscos-chinatown/2240247/‘That’s what we’re trying to do today is to say everything is fine here,’ Pelosi said. "Come because precautions have been taken. The city is on top of the situation."March 13, 2020And then, even worse, they refuse to shut the schools until mid-MARCH. 1.2 Million kids spreading the virus and infecting parents and grandparents.“Cuomo, De Blasio Resist Calls to Close New York Schools”“New York Governor Andrew Cuomo said he does not see a need to close schools statewide and would leave such decisions to the localities.His statement comes as New York Mayor Bill de Blasio faces pressure from the leaders of the teacher’s union and the City Council to close schools as cases of the new coronavirus surge.”https://www.bloomberg.com/news/articles/2020-03-13/de-blasio-says-nyc-schools-mass-transit-will-stay-openThis took place in 20 places across NYC in February.https://images.rove.me/w_1920,q_85/naujawgeoqdga3iored6/new-york-chinese-new-year.jpgAnd then, after we know that rest homes are vulnerable, Cuomo allows this:“Coronavirus spreads in a New York nursing home forced to take recovering patients” “It’s reckless and careless,” said the granddaughter of a 96-year-old man whose family withdrew him from a Long Island nursing home. “Over 1,700 more coronavirus deaths reported in New York nursing homes”https://nypost.com/2020/05/05/over-1700-more-deaths-reported-in-new-york-nursing-homes/https://www.nbcnews.com/news/us-news/coronavirus-spreads-new-york-nursing-home-forced-take-recovering-patients-n1191811“New York refused to send nursing home’s COVID-19 patients to nearly empty USNS Comfort”https://nypost.com/2020/04/24/new-york-nursing-home-denied-requests-to-send-covid-19-patients-to-usns-comfort/“An NYC nursing home forced to take coronavirus patients was also sent a supply of body bags for when they died”https://www.businessinsider.com/nursing-home-given-body-bags-when-they-accepted-coronavirus-patients-2020-4And of course, Nancy Pelosi wants to investigate how the response was handled after she did the same thing as NYC in February.- Ted A. Brewster and Cal Stowe2. Trump was not responsible for “ripping babies from their mother’s arms”, in fact it was a Democrat policy ended by Trump. It was the propaganda coup of the century to turn a noble fight to get illegal children treated the same way as citizens into something evil and hang it on Trump.In September 2018, the Trump Administration proposed regulations that sought to end the practice of forcing children to be “ripped from their mother’s arms” by the Flores Agreement won by liberal lawsuits. Democrats voted it down, saying “ripping children from their mother’s arms” is actually “legal safeguards for children”, in order to keep the practice and blame it on Trump. Trump officially ended the practice with an executive order in June 2018 - https://www.politico.com/story/2018/06/20/full-text-trump-executive-order-family-separations-transcript-658639 .Citizen children are always separated from parents in childcare centers, jail not being considered a suitable environment for children, but historically illegals were considered a special case, and children stayed with their parents. There was a problem with unaccompanied minors, and a suit was filed on the behalf of JENNY LISETTE FLORES. Negotiations and court proceedings dragged on for nine years, spanning three presidencies. This resulted in the Flores Settlement in 1997. In short, unaccompanied illegal children were to be detained in the same facilities and subject to the same rules as citizen children.In 2016, liberal activists got the 9th U.S. Circus of Appeals to extend the 1997 Flores Settlement from unaccompanied illegal minors to children detained with their parents. Children were ordered to be separated from the parents detained under immigration law. Trump put the children in childcare centers as the law requires, and Democrats claimed he was “ripping them from their mother’s arms” and “throwing children in cages”. This was widely believed, a testament to the propaganda power of the media. Pelosi, to her credit, backed a bipartisan bill to avoid all this, but the other Democrats would not have it.2016 Ruling, see page 13 I. The Settlement Applies to Accompanied Minors. “We agree with the district court that “[t]he plain language of the Agreement clearly encompasses accompanied minors.”https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/06/15-56434.pdfFlores Agreement – Janet Reno under Clinton 1997https://cliniclegal.org/sites/default/files/attachments/flores_v._reno_settlement_agreement_1.pdfThe Flores settlement, the court order Trump blames for family separation, explainedU.S. must release child migrants held in family detention, court says - :~:text=S. must release child migrants held in family,the Rio Grande into Texas. %28John MooreCourt: Illegal immigrant parents can be detained, children must be released - :~:text=Court%3A Illegal immigrant parents can be detained, children,on June 25, 2014. %28Associated Press%29 more >3. Tax Cuts for the Rich? No, the new tax code stopped subsidizing the rich with $10,000 maximum local tax deduction. I paid more myself, but I think it’s fair. Let’s and look at the results:a) Individual tax receipts were higher in 2018 than 2017. Middle and lower incomes paid less, with childcare credit doubled to $2,000, standard deduction raised to $12,000, and tax brackets lowered, so where did the money come from to pay for these cuts? People with expensive houses paid for it.b) State and local tax deductions permanently limited to $10,000. Ordinary tax payers have been subsidizing the wealthy for a long time, by letting them deduct their local tax from income for federal tax. This accounted for the majority of the tax increase on the wealthy, and spurred migration out of New York and California. Not to mention the slump in high end real estate prices.“The SALT-tax [cap] was incredibly damaging to the market, and the additional mansion and transfer taxes have also caused people to pause,” said Pam Liebman, president and CEO of the Corcoran Group brokerage.”Manhattan home prices in ‘near free fall’ as median dips below $1M“changes to the tax law that have hit high-tax states hardest and sellers who are still clinging to 2014 prices.”Real estate in the Hamptons had its worst spring quarter in 8 yearsc) On average, the top 6% paid more tax in most states, and the top 9% paid more in California, New York, and New Jersey.d) Maximum deductible mortgage size was lowered from $1 million to $750,000.e) Truly wealthy hedge fund managers like Goldman and international companies like, Apple, Big Pharma, etc. avoid tax by shifting income overseas to low tax countries. Now they have to pay 15% even on overseas income from foreign subsidiaries. This cost Goldman $5 billion in 2018.Tax overhaul costs Goldman Sachs $5 billion

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