Consent to Treatment when parents are divorced

Consent for the Treatment of Minors with Divorced Parents
"When parents are battling over custody issues, therapists are sometimes used as pawns in an effort for one parent to "win" over the other parent. Don't let this happen! Always make an effort to communicate equally with both parents regarding their child's treatment. Seek the consent of both parents, even if the custody order doesn't require it. Always acquire, read and retain a copy of the most recent custody order for your records. "

HIPAA Facts: Parent and Minor Rights

Minors in Confidentiality

FAQ on Services to Minors of Divorced Parents (North Carolina)

NASW Child Custody and Consent to Treatment
Whenever working with children, consider the following:

1.Be familiar with your state laws and regulations. Some states allow minors to give informed consent if they have reached a certain age or under certain conditions. Some states allow for the non-custodial parent to consult the child's therapist.
2.Routinely ask for documentation of the parental or custodial relationship.
3.Wherever possible, discuss the parental rights with both parents before treatment is initiated. If the parents are in divorce or custody litigation, establish rules about your role as the treating therapist and the testimony, if any, to be provided.
4.Always document at the time of treatment. Even though a social worker's treatment records for a child are more likely to be used in litigation between parents or guardians, they can always be used in malpractice litigation against the social worker.

Consent for Treatment of a Minor Child