The California Court of Appeals recently rejected a challenge to one part of California’s mandatory reporting laws for therapists. This case came about because the law in California was changed a few years ago to include a ban on the viewing of child pornography online.

Mandatory Reporting

What is a “mandatory report”? In every state, there are certain categories of individuals, usually school staff and doctors/hospital staff, that are required by law to report signs of child abuse to law enforcement.

Therapist - Patient Confidentiality, or Not

Therapists are generally required to report credible threats of violence, or dangers of violence, that they suspect of, or are warned about by, their patients. Additionally, if a patient may be a danger to themselves or others, a therapist likely will have to disclose that to the proper authorities.

However, what comes as a shock to many is that therapist - patient confidentiality, in many states, does not prevent a therapist from disclosing past serious crimes that are disclosed to them, and there may be state laws that even require the disclosure. For instance, a murder confession to your therapist is likely not protected by confidentiality.

Child-Abusers’ Rights to Treatment?

On a first impression, there may not seem to be a problem with requiring mental health professionals to report to authorities when their patients tell them they have viewed child pornography online. After all, consumers of child pornography are part of the problem.

Related Resources:

  • Find an Attorney Near You (FindLaw’s Lawyer Directory)
  • Who Has a Duty to Report Child Abuse? (FindLaw Blotter)
  • 5 Laws You Should Know If You Are the Parent of a Teenager (FindLaw’s Law and Daily Life)
  • California Decriminalizes Prostitution by Minors (FindLaw’s Law and Daily Life)
  • Everybody Must Report Suspected Child Abuse: N.M. Supreme (FindLaw’s Decided)

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