Ask the Staff

This is a biweekly column featuring real questions from KU students, answered by CAPS staff members. The questions were anonymously collected from students in various PRE 101 sections (Psychology in Research and Education Orientation Seminar) when they were asked, What is the one question you would most like to ask a counselor?

If someone confesses to a crime in counseling will the counselor report it to the authorities?

Your question is a good one. The short answer, which is not very helpful, is that it depends on the nature of the crime. The question touches on one of the most foundational and complex elements of the therapeutic relationship: confidentiality. Below is a description of confidentiality and a discussion of the limits of confidentiality.

The American Psychological Associations Code of Ethics states:

Psychologists have a primary obligation and take reasonable precautions to respect the confidentiality rights of those with whom they work or consult, recognizing that confidentiality may be established by law, institutuional rules or professional or scientific relationships.

In general, this means that communications between clients and therapists are confidential. However, there are exceptions to the rule of confidentiality. Below I have outlined the exceptions, which should be communicated to the client before beginning treatment.

1. Child Abuse: Child abuse reporting laws require therapists to report any information obtained during the course of counseling that suggests a child is currently being abused or is in danger of being abused.
2. Elder Abuse: Similar to the case of child abuse listed above, therapists are required by law to report any information that suggests an elderly person is being harmed or neglected.
3. Dangerousness to Self or Others: Therapists are required under certain circumstances to break confidentiality when a client presents a serious threat to themselves or others.
4. Court Order: Therapists are required at times to disclose confidential information by a court order. In these circumstances, the therapist is ethically bound to state his/her adherence to the ethical guidelines related to confidentiality as defined by the American Psychological Association. Even with a court order, therapists are compelled by the APA Code of Ethics to make every effort to keep information disclosed in the therapy confidential. However, a judge may acknowledge the therapist's commitment to the ethics code and still order the therapist to disclose the information in court. In this case, the therapist would limit the information diclosed only to material pertinent to the court order.

Now back to the original question. If the crime in question does not involve child abuse, elder abuse or a future threat to self or someone else, the therapist is not required to disclose the crime to the authorities. The only exception would be if the therapist receives a court order requesting information regarding the crime, in which case, the therapist may have to disclose information related to the crime.

Jim Hall, M.A.
Psychology Intern

Previous columns:

• Who has more problems, men or women?
• Do you actually listen to your clients or do you just pretend?
• Why do people just snap? Do I have a chance to just snap one day and do something I might regret?
• If someone confesses to a crime are you supposed to tell authorities?
• What can I do if my roommate is depressed all the time?
• What is the best way to help a friend who has been sexually assaulted?
• Can I be helped in only a few visits?
• What are some things you can do to become unemotionally attached to someone?