Connecticut House Bill HB05512

Connecticut 2018 Regular Session

• Introduced: 3/12/18
• Refer: 3/12/18

Caption

An Act Concerning The Disclosure Of Certain Communications Made To A Social Worker In A Family Law Matter Involving The Custody Of A Child.

Impact

By amending Section 52-146q of the general statutes, the bill is positioned to significantly impact how communications between social workers and their clients are treated in legal contexts. It expands the scenarios in which a social worker can disclose communications related to a person's mental health, particularly when there are concerns regarding the safety of children involved in custody matters. This change aims to facilitate the judicial process by allowing relevant mental health information to be considered when determining custody arrangements.

Summary

House Bill 05512 concerns the disclosure of communications made to social workers in family law matters, specifically those involving child custody cases. The bill proposes amendments to existing confidentiality laws, allowing for the disclosure of certain communications without the consent of the individual in specific situations. The intent is to ensure that critical information can be shared when necessary for the welfare of children in custody disputes, thereby balancing confidentiality with the needs of justice.

Contention

However, the bill has sparked a debate regarding the invasion of privacy and the potential chilling effect it might have on individuals seeking help from social workers. Critics argue that such disclosures could deter individuals from being open about their mental health issues if they fear that their communication could be shared in court. Supporters, on the other hand, emphasize the necessity of these amendments to protect children who might be at risk due to unresolved mental health issues of one of the custody parties.

Notable_points

Noteworthy elements of the legislation include its focus on instances where there is a substantial risk of physical harm, allowing disclosures when mental health seems to be an issue in parental fitness. Proponents of the bill argue that it maintains a crucial interest in children's safety and welfare, while opponents are concerned about the erosion of trust in therapeutic settings. The ongoing discussions around this bill reflect a broader societal dilemma of protecting individual rights and ensuring child safety in divorce and family-related cases.