Understanding Privacy Laws for Teens in Mental Health Counseling: What Washington State Parents & Teens Need to Know
A safe and confidential environment encourages teens to express themselves freely.
Seeking mental health support is a brave step, especially for teens navigating the complexities of growing up. However, the question of who has access to information shared during counseling sessions often causes confusion or concern for both teens and their parents. Washington State has specific privacy laws to help ensure that young people feel safe and supported while receiving mental health care. Here's what you need to know:
Privacy Rights for Teens in Counseling
In Washington State, minors have significant rights when it comes to their mental health care. Under state law:
Independent Consent for Mental Health Services
Teens aged 13 and older can consent to mental health counseling on their own. This means they can seek therapy without requiring parental permission or involvement.
RCW 71.34.530Confidentiality of Therapy Sessions
Information shared during a counseling session is confidential and cannot be disclosed to anyone—including parents—without the teen's consent, except in specific situations required by law (e.g., threats of harm to self or others, abuse reporting, or court orders).
RCW 70.02.240Access to Medical Records
Teens aged 13 and older have control over their mental health records. Parents cannot access these records without the teen's written permission, ensuring their privacy is protected.
RCW 71.34.620
When Exceptions Apply
While confidentiality is a cornerstone of mental health care, there are exceptions. Counselors are mandated to break confidentiality in the following scenarios:
Harm to Self or Others
If a teen expresses intent to harm themselves or someone else, the counselor must take steps to ensure safety, which may involve notifying parents or authorities.
RCW 71.05.120Abuse or Neglect
If there is evidence of abuse or neglect, counselors are legally required to report this to the appropriate authorities.
RCW 26.44.030Court Orders
In rare cases, a court order may require the release of therapy records.
RCW 70.02.060
What This Means for Parents
It can be challenging for parents to support their teen without full access to their therapy sessions. However, respecting a teen's privacy often fosters trust and encourages them to engage more openly in counseling. Parents can still play a crucial role by:
Encouraging Open Communication
Let your teen know you're available to support them without pressuring them to share details from their sessions.
Seeking Family Counseling
If appropriate, family sessions can create a space for everyone to address shared concerns while respecting individual privacy.
Staying Informed
Learn about the counseling process and work collaboratively with your teen and their counselor to support their mental health journey.
What This Means for Teens
Knowing your conversations with a counselor are private can make it easier to open up and work through challenges. However, it’s important to understand the limits of confidentiality so there are no surprises if a counselor needs to act to ensure your safety.
Conclusion
Understanding privacy laws is key to creating a safe and supportive environment for mental health care. If you’re a teen considering therapy or a parent supporting a teen, knowing the boundaries and protections in Washington State can help build trust and confidence in the process.
If you have questions about privacy or how counseling works, don’t hesitate to reach out to a licensed mental health counselor for guidance. Together, we can work toward ensuring teens receive the care they need while respecting their rights and fostering a supportive relationship with their families.
Interested in learning more about how I can support your teen? Contact me today to schedule a free online consultation.
