Records Requests

 Florida law includes protections against the inclusion of mental health counseling records in any type of court case, including child custody. Florida Statutes Section 90.503 provides a psychotherapist-patient privilege, which means that communications between a mental health professional and a patient are generally protected from being disclosed in legal proceedings. This privilege is designed to ensure that individuals can seek mental health treatment without fear that their private communications will be exposed in court.

It is important to highlight that the counseling process is based on trust between the client and the clinician. This trust is essential for effective therapy and relies on the assurance that what is discussed in the session remains private. Confidentiality encourages clients to be open and honest, which is critical for their therapeutic progress.

Under Florida law, specifically Florida Statutes Chapter 394 (the Florida Mental Health Act, also known as the Baker Act) and Florida Statutes Chapter 456, the confidentiality of mental health records is strictly protected. According to Section 394.4615(1) of the Florida Statutes, mental health records are confidential and may not be disclosed without the patient's express written consent.

Additionally, Florida Statutes Chapter 456.057(7)(a) states that patient records, including those of minors receiving mental health services, are confidential. This means that even parents or guardians may not have access to these records.

Furthermore, the Health Insurance Portability and Accountability Act (HIPAA), a federal law, also protects the privacy of health records, including mental health records. Under 45 CFR § 164.502(g), HIPAA provides additional guidelines on disclosing minor patients' health information, further restricting access to such records.

It is important to note that the Florida Department of Children and Families (DCF) does have the right to access certain mental health records to make decisions regarding child safety. According to Florida Statutes Section 39.202, records of children involved in cases of abuse, abandonment, or neglect may be disclosed to DCF as part of their investigations and decision-making processes to ensure the child's safety and well-being.

In light of these legal requirements and the need to maintain client-clinician trust, we cannot release mental health counseling records to you. We are committed to complying with all applicable laws to protect the privacy and confidentiality of our patients. 

We appreciate your understanding.