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I have a 29 year old family member who suffered child abuse…

Second opinion] I have...

Second opinion] I have a 29 year old family member who suffered child abuse when she was young. She suffers from PTSD, depression and many other health ailments due to the abuse. Recently she finally attempted to get help and begin the healing. A huge step on her part, but again she was traumatized by the behavioral counselor who insisted she must disclose the abuse under mandatory public disclosure laws. She has no interest in seeking justice against the perpetrator. She simply wants to get closer and healing from when she was young. She stopped going in for counseling for fear of public disclosure of her abuse. That does not seem fair to her. How can she get help without publicly disclosing her abuse to outsiders? She does not want information about her abuse to be available to anybody outside her psyche doctor. Isnt there a "doctor client privilege" relationship with psychiatry much like lawyers and clients or priest and parishioners confidentiality?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She had an emotional break down right in front of the counselor due to her fear of exposing her abuse publicly. It was so bad, the counselor invited her supervisor in to hear her out. the supervisor authorized the counselor to delete her notes so that it would not be reported. That seemed to satisfy all parties. But due to this experience, the family member is afraid to seek help for her PTSD.

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Answered in 2 hours by:
8/11/2017
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,549
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Thank you for requesting me for a second opinion. I am going to opt out and open this up for other experts.
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Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
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not asking for details but was it physical or sexual

how long ago did it occur?

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Customer reply replied 9 months ago
It was sexual and she is age 29, the abuse occurred when she was young, between 7-11.

At this point I highly doubt that this can be actionable as I am sure the statute of limitations has run. I certainly have a problem with a counselor who is pushing an agenda that the patient is clearly against an uncomfortable with. I have a feeling that this counselor does not understand the law and the limits that can be done since it occurred so far ago. However, I do think that she needs counseling and needs to try to move forward and try to seek some sort of closure. As such, I would switch counselors since she had such a horrible experience with her last one. The idea with her disclosing this and trying to get help is to help her mentally and emotionally, I do not think she is trying to find justice at this point. Now I do understand that there are disclosure requirements with regards ***** ***** abuse, however, with this happening so long ago I cannot see anywhere that the statute of limitations has not run so therefore she should be trying to help the client and not making things worse.

Michael Bradley
Category: Legal
Satisfied Customers: 1,377
Experience: Owner at The Protection Group LLC
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Customer reply replied 9 months ago
I understand that some states do not have statute of limitations, but California does have SOL. Thanks for the help. I will encourage her to seek counseling elsewhere. In fact, I have called other health care professional to give her choices. I agree, she should not give up because of one bad experience. Thanks again!

you are welcome

I wish her luck and peace

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