Reasons for Breach in Confidentiality of a Minor

Pediatricians are among the professionals who are bound to protect the confidentiality of a minor.

Laws and a strict code of ethics bind medical professionals, counselors and legal professionals to keep client or patient information confidential, particularly for minors. However, there are a few times when these professionals can and do breach the confidence of a minor without legal consequences. The reasons for a breach in confidentiality usually center on the safety of the child.

Abuse and Neglect

The National Association of Social Workers mandates a breach in confidentiality with a minor in cases of abuse or neglect. Social workers, school counselors and doctors are in fact required to report any suspected abuse and neglect to the police. Such a breach serves to protect minors who may be in abusive situation but are too scared, confused or mentally incapable to report the abuse themselves.

Self-harm

"Danger to oneself," is a common reason given for taking medical responsibility for a person. The possibility of self harm is also a legal and accepted reason for breaching confidentiality with a minor. When a minor admits to harming himself, he is putting himself in danger of suicide or serious injury. The professional expected to keep confidence must report the self-harm to the minor's parents or guardian and seek medical attention. The minor, in this state of mind, is incapable of doing so alone.

Violence to Another

"Danger to others," is the second part of the common reason given for a breach in confidentiality. By law, attorneys and other professionals cannot keep knowledge of a future crime from the police. Doing so can make the professional an accessory to the crime. Similarly, professionals must break confidentiality if a patient or client will do harm to others. Some minors can be violent to others without foreknowledge. These minors need medical intervention in the form of psychiatric attention.

Consequences

As previously stated, professionals can breach the confidence of a minor without the danger of prosecution or ethics violation. Failing to breach the confidence in certain situations can lead to severe punishment, however. If the minor is harmed or harms someone else and the incident could have been prevented with a breach in confidence, a professional could face legal consequences.

References

• National Association of Social Workers: Confidentiality and Social Work
• Marina Counseling Center: Law and Ethics
• American Medical Association: Patient Confidentiality