Licensed Clinical Social Worker (LCSW) Therapist Development Center Practice Exam

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If a therapist receives a court order to release records and believes it to be harmful to the client, the therapist should?

  1. Release the records to the court immediately

  2. Release only aspects of the records that are not harmful

  3. Seek legal advice before releasing anything

  4. Discuss the issue with the client

The correct answer is: Release the records to the court immediately

In situations where a therapist receives a court order to release client records, it is crucial to recognize the legal and ethical implications involved. When considering the best course of action, seeking legal advice before releasing any records is essential. This approach ensures that the therapist understands the implications of the court order, explores any possible grounds for contesting the order, and determines the most responsible and ethical way to protect the client’s interests while complying with legal requirements. By consulting with legal counsel, the therapist can clarify what is legally mandated and what, if any, discretion they may have in protecting sensitive information. This decision speaks to the ethical obligations therapists have to safeguard their clients’ welfare and confidentiality, acknowledging that there may be mental health information that could be detrimental if disclosed. Therefore, the correct action is to seek legal advice, as it helps balance the need to comply with court orders while considering the well-being of the client and the implications associated with possible disclosures of sensitive information.