Has anybody been to Daytop lately?

Treatment Abuse, Behavior Modification, Thought Reform > Daytop Village

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Anonymous:
What is said in treatment should be confidential -- including murder. It is wrong to cover the kid's ass to protect Daytop's money, but you shouldn't have said anything. By doing so, you're a snitch, nothing more.

Troll Control:

--- Quote ---On 2005-08-15 13:30:00, Anonymous wrote:

"What is said in treatment should be confidential -- including murder. It is wrong to cover the kid's ass to protect Daytop's money, but you shouldn't have said anything. By doing so, you're a snitch, nothing more."

--- End quote ---

um, it's against the law not to report it. you can get in serious trouble. what if he hurt another kid? then what?

odie:
Actually its not against the law. The Federal Confidentiality Law specifically states that the only mandated reporting a substance abuse counselor has to make has to do with child abuse. Although many states have enacted laws that mandate counselors to report other things, federal law always comes first and the counselor must abide by it. The law was enacted because lets face it, drug addicts are criminals and would have never sought treatment if they knew that any info they shared about crimes they committed would be used against them while in treatment. You don't have to agree with the law but you must abide by it. As far as a question of ethics, if knowing you would be working with criminals bothers a person so much then that person has no business working in the substance abuse field period.
For more than a hundred years much complaint has been made of the unmethodical way in which schools are conducted...with what result? Schools remain exactly as they were.
--Comenius,1632
--- End quote ---

Troll Control:

--- Quote ---On 2005-08-24 10:24:00, odie wrote:

"Actually its not against the law. The Federal Confidentiality Law specifically states that the only mandated reporting a substance abuse counselor has to make has to do with child abuse. Although many states have enacted laws that mandate counselors to report other things, federal law always comes first and the counselor must abide by it. The law was enacted because lets face it, drug addicts are criminals and would have never sought treatment if they knew that any info they shared about crimes they committed would be used against them while in treatment. You don't have to agree with the law but you must abide by it. As far as a question of ethics, if knowing you would be working with criminals bothers a person so much then that person has no business working in the substance abuse field period.
For more than a hundred years much complaint has been made of the unmethodical way in which schools are conducted...with what result? Schools remain exactly as they were.
--Comenius,1632
--- End quote ---
"

--- End quote ---

Well, I guess I will just say that your "research" is flawed.

Are you saying that if a state has specific laws regarding the reporting of these events that federal law supercedes them and therefore the state laws can be disregarded? If that's what you're saying, you are 100% dead wrong. Maybe the wording of your post doesn't convey what you meant, but if it does, you are out in left field.

Not only is it legally required in New York to report this crime, it is also ethically required to prevent harm to other individuals with whom the dangerous person (in this case murderer) may have contact.

It is also a legal fact that murder confessions in counseling sessions are not protected by any privilege. An example:

"...disclosure of psychotherapy notes is not protected, he stressed. For example, if a patient makes a threat against a third party during a psychotherapy session, the psychotherapist is permitted, and in some states required, to disclose the threat.
For example, Willick filed an amicus brief on behalf of the California Psychiatric Association to protect the confidentiality of psychotherapy sessions in the high-profile murder case of Lyle and Eric Menendez, who confessed during a session with a psychologist to shooting and killing their parents. He explained that in two other counseling sessions the brothers threatened their therapist with violence if he disclosed the confession.

The Menendez brothers were convicted in large part due to this testimony."

So, as you can clearly see, not only are the confessions to already committed crimes required to be reported, even the THREAT to injure another must also be reported.

Aside from this, everyone knows that the law isn't written to cover all contingencies. Common sense and risk assessment should always be used when dealing with these matters.

Just for your edification, child abuse is only required to be reported if the child is in immediate danger. Otherwise it is not required and most professionals would not report past acts if there weren't imminent danger to the child presently.

Are you a therapist (MA, MSW, PhD or MD)? Or are you a "drug counselor"? If you're still in the business, I'd suggest you read up or ask questions before you end up on the business end of a civil suit for negligence involving a crime.

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