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

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What must a therapist do when a husband requests access to records during divorce proceedings?

  1. Provide the records as he is a client

  2. Request a release from both partners

  3. Inform him that records can be shared with one person only

  4. Refer him to a legal consultant

The correct answer is: Request a release from both partners

When a husband requests access to records during divorce proceedings, the therapist must request a release from both partners. This approach is essential because it respects the confidentiality of both parties involved in therapy. In many cases, both partners are considered clients in a couples therapy setting, and confidential information shared during sessions cannot be disclosed without consent from both individuals. The therapist's responsibility is to ensure that the privacy and confidentiality of the therapeutic relationship are upheld, which means both partners must agree to any release of information. This not only adheres to ethical standards but also protects the therapist from potential legal repercussions and maintains the trust necessary for effective therapy. This careful handling of confidentiality is particularly important during sensitive situations like divorce, where emotions are often heightened, and information can be misconstrued or used against one partner by the other. Seeking a release from both partners before disclosing any records is the best practice in maintaining ethical integrity and ensuring that both clients' rights are upheld.