Question

A therapist worked with a couple for several years following mutual infidelity. The couple separated after two years in treatment and is in the midst of divorce proceedings. The husband requests access to his records. What actions should the therapist take to address the legal issues presented in this case?

a. Inform the husband that the records belong to both the husband and wife and would require a release of information from both.

b. Request a written release from the husband and turn over all of the records, but redact information deemed detrimental to the wife's well-being or therapeutic relationship.

c. Determine how access to records would affect the therapeutic relationship and the well being of the husband and wife.

d. Inform the husband that records belong to both the husband and wife and request the wife sign a release.

Answer 1

The therapist should inform the husband that a release of information from both him and his wife is required to access the records while considering the potential impact on the therapeutic relationship and the well-being of both parties.

Step-by-step explanation:

The therapist should take action by informing the husband that the records belong to both him and his wife and would require a release of information from both parties. This is because the records contain personal and confidential information of both individuals. The therapist should not unilaterally provide access to the records without obtaining consent from both individuals.

Furthermore, the therapist should also consider how granting access to the records would affect the therapeutic relationship and the well-being of both the husband and wife. Divorce proceedings can be emotionally challenging, and providing the records without careful consideration may further strain the relationship and exacerbate any existing conflicts.

In summary, the therapist should inform the husband that a release of information from both him and his wife is required to access the records while considering the potential impact on the therapeutic relationship and the well-being of both parties.