Title 22 (Examining Boards) Texas Administrative Code Part 30, Chapter 681, Rules Relating to the Licensing and Regulation of Professional Counselors and specifically §681.41 General Ethical Requirements, SUBCHAPTER C give specific instructions to licensed professionals regarding minor clients and consent for treatment:
(v) Prior to the commencement of counseling services to a minor client who is named in a custody agreement or court order, a licensee shall obtain and review a current copy of the custody agreement or court order, as well as any applicable part of the divorce decree. A licensee shall maintain these documents in the client's record and abide by the documents at all times. When federal or state statutes provide an exemption to secure consent of a parent or guardian prior to providing services to a minor, a licensee shall follow the protocol set forth in such federal or state statutes.
In plain English…
This means all professional counselors are required to obtain consent from all parties granted custody of a minor child, prior to a session with the child, unless the court has made an exception in your individual case. We can only determine the rights to consent based upon a review of your most current custody paperwork and the advice of our lawyer.
You also need to know that ECA follows the current best practices in counseling minors, by contacting all custodial adults in a minor client’s life and offering each adult an opportunity to meet with the minor client’s counselor in order to share concerns and/or receive updates on counseling.
We understand that these best practices often cause concern or anxiety to one adult and/or the minor client and we welcome your questions about these practices at the initial parent consultation and are committed to honoring your concerns while also maintaining ethical and professional integrity.
Brenda Elledge, M.Ed., LPC-S
Director, Elledge Counseling Associates, PLLC