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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100047
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I work group home as a live in Guardian 18yr old and a 17.

Customer Question

I work for a group home as a live in Guardian for an 18yr old and a 17. if one of them contracted an STD with another person or vice versa. should i contact the parent of the person that doesnt live in the home that there might be a health risk there?
Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is either young adult (or both) mentally challenged? Do either/both have guardianship orders for them from the Court?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
We have a durable power of attorney for the client. If we have consent over the phone from the actual parent does that matter.Client is 18 and partner is 18 also.
Customer: replied 9 months ago.
Client has no disability
Customer: replied 9 months ago.
Client is in a transitional living group home from addiction
Expert:  Ely replied 9 months ago.
Thank you.
Just to clarify, both people are 18, correct? You told me one was 17. They are 18 - both are 18?
And this was not forced, but consensual. Correct?
Lastly - do either have any mental disability?
Customer: replied 9 months ago.
I have two clients living in the house 18 and 17. One of them that's 18 and a another 18yr old had consensual relationship and one of them had a STD.My 18yr old client is diagnosed with depression but I'm not sure if anything else
Expert:  Ely replied 9 months ago.

Thank you. Okay, I understand that the 18 year old (who has engaged in sexual activity) and the 17 year old are not under a guardianship order from the Court.

At this point, the client that has engaged in sexual activity is an adult. Someone in your situation cannot tell their parents about this (or, should not) because this may be a violation of their privacy (false light, invasion of privacy), unless the POA signed by the 18 year old specifically allows you to share such information with their parents.

It is the business' discretion whether or not to mention this to the 17 year old's parents. The problem here is that if there are only 2 people living there, by mentioning a general risk, the inference would be immediately made to the 18 year old as being the one with the STD - again a violation of their privacy and may be cause for suit (false light, invasion of privacy, etc). As such, this is at the business' discretion. It may be simply better to advise the 17 year old's parents that there is a "risk," but explain that due to privacy issues, nothing more can be said (so as not to inference the STD to the 18 year old, directly).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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