Clinician Disclosure & State-Specific Addendum — Jenna Stone, LCSW-C

Services are provided within ethical and legal scope of practice and may be adjusted or referred out when clinically appropriate.

State-Specific Confidentiality & Consent Provisions

• Governing statutes: MD Health-Gen. § 4-301 et seq.; MD Health Occ. § 19-308; MD Fam. Law § 5-704 (child abuse reporting); MD Code Fam. Law § 14-302 (vulnerable adult reporting); COMAR 10.63
• Minor consent: Minors age 16 and older may consent to outpatient mental health treatment without parental consent (MD Health-Gen. § 20-104). A minor who consents to their own treatment generally controls the privacy of their own records. A parent or guardian may be informed of treatment only if the clinician determines in their professional judgment that notification is in the minor’s best interest. Minors under age 16 generally require parental or guardian consent for mental health treatment. The parent or guardian of a minor under 16 generally has the right to access the minor’s records.
• Mandated reporting — child abuse/neglect: Licensed clinical social workers in Maryland are mandated reporters (MD Fam. Law § 5-704). A report is required when there is reasonable belief that a child has been subjected to abuse or neglect by any person. Reports are made to the Maryland Department of Social Services or local law enforcement.
• Mandated reporting — vulnerable adult abuse/neglect: A report is required when there is reasonable belief that a vulnerable adult has been subjected to abuse, neglect, or exploitation (MD Code Fam. Law § 14-302). Reports are made to the local department of social services.
• Duty to warn / protect: Maryland recognizes a duty to take reasonable steps to protect an identifiable third party when a client makes a serious and credible threat of imminent harm to that person (MD Health-Gen. § 4-307). This may include warning the potential victim, notifying law enforcement, or seeking hospitalization, as clinically appropriate. Disclosure made in good faith pursuant to this duty is protected from civil or criminal liability.

• Governing statutes: VA § 54.1-2400.1 (confidentiality); VA § 54.1-2969 (minor consent); VA § 63.2-1509 (child abuse reporting); VA § 63.2-1606 (adult protective services); 18 VAC 140-20 (social work regulations)
• Minor consent: Minors age 14 and older may consent to outpatient mental health treatment without parental consent for up to 90 days without parental notification (VA § 54.1-2969(E)). After 90 days of treatment, the clinician and minor determine together whether to notify or involve a parent or guardian, based on the minor’s best interest and the clinician’s professional judgment. Minors under age 14 generally require parental or guardian consent for mental health treatment.
• Mandated reporting — child abuse/neglect: Licensed clinical social workers in Virginia are mandated reporters (VA § 63.2-1509). A report is required when there is reason to suspect that a child has been abused or neglected by any person. Reports are made to the local Department of Social Services or directly to Child Protective Services.
• Mandated reporting — vulnerable adult abuse/neglect: A report is required when there is reason to suspect that an adult is being abused, neglected, or exploited (VA § 63.2-1606). Reports are made to the local Department of Social Services.
• Duty to warn / protect: Virginia imposes a duty on mental health providers to take reasonable precautions to protect identifiable third parties when a client presents a clear and imminent danger of physical harm to that person (VA § 54.1-2400.1). Reasonable precautions may include warning the potential victim, notifying law enforcement, or initiating a temporary detention order. Disclosure made in good faith pursuant to this duty is protected from liability.

• Governing statutes: FL § 491 (clinical social work licensing); FL § 394.4615 (mental health records); FL § 39.201 (child abuse reporting); FL § 415.1034 (adult abuse reporting); FL § 456.057 (records retention); FL § 934.03 (wiretapping)
• Minor consent: Florida generally requires parental or guardian consent for a minor’s mental health treatment. Exceptions are narrow and defined by statute. A parent or legal guardian generally has the right to access a minor’s mental health records. Exceptions exist when a court orders otherwise, or when the clinician determines in good faith that disclosure would be harmful to the minor (FL § 394.4615; FL § 456.0612). When both parents share legal custody, both parents generally have the right to consent to treatment and to access records unless a court order provides otherwise. Clinicians should review custody agreements before proceeding with consent from only one parent.
• Mandated reporting — child abuse/neglect: Licensed clinical social workers in Florida are mandated reporters (FL § 39.201). A report is required when there is reasonable cause to suspect that a child has been abused, neglected, or abandoned by any person. Reports are made to the Florida Abuse Hotline: 1-800-96-ABUSE (1-800-962-2873).
• Mandated reporting — vulnerable adult abuse/neglect: A report is required when there is reasonable cause to suspect that a vulnerable adult has been subjected to abuse, neglect, or exploitation (FL § 415.1034). Reports are made to the Florida Abuse Hotline.
• Duty to warn / protect: Florida law does not impose a general Tarasoff-type statutory duty to warn identifiable third parties. However, clinicians may disclose information in good faith when there is a clear and immediate probability of physical harm to the client, other individuals, or society (FL § 394.4615(3)). Such disclosure is protected from civil or criminal liability when made in good faith.
• Wiretapping / recording: Florida is a two-party (all-party) consent state for electronic recordings (FL § 934.03). Recording a session without the consent of all parties is a criminal offense. This is consistent with the No Recording Policy stated in Section 5 of the Practice Agreement. Maryland (MD Cts. & Jud. Proc. § 10-402) and Virginia (VA § 19.2-62) are also two-party consent states.

State-Specific Records Retention