NCJ Number
99983
Journal
Family Law Quarterly Volume: 18 Issue: 2 Dated: (Summer 1984) Pages: 143-212
Date Published
1984
Length
70 pages
Annotation
This article examines the conflict between mandatory child abuse/neglect reporting laws and confidentiality laws and proposes a scheme for professional provision of relevant information not covered by reporting laws.
Abstract
The types of information to which medical and mental health professionals have access, but which are not covered by reporting laws, are delineated. Emphasis is placed on indirect evidence of relevance in abuse/neglect hearings and termination of parental rights proceedings. Next, a survey of laws governing confidentiality and privileged communications is presented to illustrate the diversity and inconsistency of laws requiring, permitting, and forbidding professionals to disclose information. The interests underlying and the policies promoted by confidentiality laws are considered, and the weight to be given various goals in resolving the conflict between information and confidentiality concerns is examined. Finally, a legislative scheme is proposed which favors disclosure over confidentiality in civil proceedings. Under this scheme, the court could order a professional to disclose any information that may prove relevant in determining child abuse/neglect. Included are 215 references.