Speak Out February 2019

Professional development

NATIONAL OFFICE STAFF often get enquiries from members about providing information about a child’s therapy, reports and progress when the parents are separated. When starting work with a child, it is good practice to enquire if there is a parenting order in place that outlines who has responsibility for that child. An order may have another title, for example, family court order or custody order. If one exists, it is likely to include information about consent and who has access to information. A parenting order should make it very clear with whom a speech pathologist can/cannot share information, and you can and should request a copy for your files. However, it can be difficult to determine what to do if there are no parenting orders and parents object to information being shared with the other parent or only one parent. An absence of a parenting order means that each parent has equal right to information and each parent may give consent to the child’s treatment, even if objections are raised by the other parent. In the absence of a parenting order to the contrary, both parents are entitled to receive information relating to the progress of their child, regardless of whether they attend a session or not. If you do not have the second parent’s contact details and the first parent will not provide them, you are not obliged to search for the second parent to notify them that the child is receiving speech pathology. Document this conversation in your notes. If the second parent contacts you, the above will apply. Therefore, if you are aware that parents are separated, it would be helpful to: • set both parents’ expectations by informing them at the outset about the equal sharing of information, and that consent can be given by either parent; • set up a system to share the same information with both parents. Where there is limited opportunity for direct contact with the parent, it is recommended that regular written reports are provided. It is also important you are made aware of any future parenting order if it affects who can give consent on behalf of the child and who can access and receive information about the treatment. It is important to note that this is only general information and that you may need some support advice for specific scenarios that you face in your practice. Speech Pathology Australia has some resources for members around this issue including: • Compliance with parenting orders • Gaining consent and sharing information when parents are separated • Communication: Managing expectations in order to reduce complaints (under risk management).

Gaining consent

and sharing information with separated parents

Nichola Harris Senior Advisor Professional Practice

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February 2019 www.speechpathologyaustralia.org.au

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