MFT Legal Issues 2 — Questions and Answers
Question 1: A therapist suspects that a 10-year-old client is being physically abused by a parent. The child denies any abuse. What is the therapist's legal obligation?
- Wait for the child to disclose before reporting
- Report the suspicion to child protective services immediately (Correct answer)
- Consult with the parent before making any report
- Document the suspicion but delay reporting until more evidence is gathered
Correct answer: Report the suspicion to child protective services immediately
Mandated reporters must report reasonable suspicion of child abuse immediately — certainty or a child's disclosure is not required.
Question 2: Which legal doctrine protects communications between an MFT and client from disclosure in court without the client's consent?
- Duty to warn
- Privileged communication (Correct answer)
- Informed consent
- Duty to protect
Correct answer: Privileged communication
Privileged communication is a legal right that protects therapy communications from compelled disclosure in legal proceedings.
Question 3: A couple divorcing subpoenas their joint therapy records. Neither spouse agrees to waive privilege. How should the therapist respond?
- Release records to both parties equally
- Release records only to the spouse who initiated therapy
- Assert privilege and decline to release records without a court order (Correct answer)
- Release records to the court for private review
Correct answer: Assert privilege and decline to release records without a court order
When joint clients disagree on waiving privilege, the therapist should assert privilege and not release records unless ordered by a court.
Question 4: Under HIPAA, a patient has the right to request an amendment to their medical records. Under what circumstance may a covered entity deny this request?
- The records are more than 5 years old
- The provider did not create the record (Correct answer)
- The patient is currently in treatment
- The amendment would lengthen the record
Correct answer: The provider did not create the record
A covered entity may deny an amendment request if it did not create the information — the patient should direct the request to the originating provider.
Question 5: An MFT is seeing a 16-year-old client for substance abuse treatment. The minor's parent demands to see the therapy notes. What law primarily governs the therapist's response in a federally assisted program?
- FERPA
- 42 CFR Part 2 (Correct answer)
- HIPAA
- State minor consent statutes
Correct answer: 42 CFR Part 2
42 CFR Part 2 provides stricter confidentiality protections for substance use disorder records than HIPAA, even limiting parental access.
Question 6: A therapist receives a valid subpoena for client records. What is the correct first step?
- Immediately send the records to the court
- Notify the client and consult an attorney before releasing anything (Correct answer)
- Call the opposing attorney to discuss the case
- Destroy the records to protect confidentiality
Correct answer: Notify the client and consult an attorney before releasing anything
Upon receiving a subpoena, the therapist should notify the client and seek legal counsel before releasing any records.
Question 7: Which of the following situations requires an MFT to break confidentiality regardless of client consent?
- A client discloses past criminal activity
- A client reveals a plan to harm a specific third party (Correct answer)
- A client admits to using recreational drugs
- A client describes a previous suicide attempt from five years ago
Correct answer: A client reveals a plan to harm a specific third party
The Tarasoff duty to protect requires therapists to take action — including breaking confidentiality — when a client makes a credible threat against an identifiable third party.
MFT Legal Issues 2
A therapist suspects that a 10-year-old client is being physically abused by a parent.
The child denies any abuse.
What is the therapist's legal obligation?