Privacy and Consent: The Challenge of a Broken Family

Understanding the Role of the Care Provider When Family is in Conflict

A significant challenge faced by health care providers is management of young clients whose parents are involved in a dispute. Where custody of the child is in question, it is often unclear who should consent to the young person’s treatment or counselling. Additionally, health care records are often requested by disputing parties, raising a plethora of legal issue for the provider:

  • Who is the client?
  • What are the implications of a custodial vs. access parent?
  • Who is entitled to consent or the disclosure of records?
  • Under what circumstances can and should records be released?

Where legal proceedings are ongoing, or the parents are engaged in a high conflict dispute, the children (and their health care providers) can be caught in the middle, resulting in tremendous stress for all involved. Our privacy and consent workshop will educate health care providers and their staff on:

  • The laws regarding consent to treatment and to the release of personal health information
  • An overview of the differences between a custodial ans access parents
  • The provider’s rights and obligations
  • How to manage requests from disputing parties and their lawyers
  • Responding to requests for records and obtaining consent in the context of parental conflict
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