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2018 Op. Or. Att'y Gen. 1 (2018)

handle is hein.sag/sagor0085 and id is 1 raw text is: OFO ELLEN F. ROSENBLUM FREDERICK M. BOSS Attorney General Deputy Attorney General DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION February 15, 2018 SENT VIA EMAIL ONLY: charles.j.hill(E&state.or.us Charles J. Hill Executive Director Oregon Board of Licensed Professional Counselors & Therapists 3218 Pringle Rd. SE, Suite 120 Salem, OR 97302 RE: Opinion Request OP-2018-1 Dear Mr. Hill: You have requested our opinion on the right of a noncustodial parent to inspect a child's records from a licensed professional counselor or a marriage and family therapist. QUESTION Does a noncustodial parent have the same right as a custodial parent to inspect and receive a child's records from a licensed professional counselor or marriage and family therapist? SHORT ANSWER Yes, unless the court's order of sole custody expressly limits the noncustodial parent's right. ORS 107.154(3) provides that an order of sole custody to one parent will not deprive the other parent of the authority to inspect and receive the child's psychological records to the same extent as the custodial parent has that authority, unless the court orders otherwise. While this provision does not define psychological, the statutory text and context indicate that this term includes the services that professional counselors and therapists provide in treating mental, emotional, and behavioral disorders. DISCUSSION A person engaged in the practice of professional counseling or marriage and family therapy generally may not purport to be a licensed practitioner unless licensed by the Oregon Board of Licensed Professional Counselors and Therapists. ORS 675.825(l)(b)-(c). Professional counseling means the assessment, diagnosis or treatment of mental, emotional or behavioral disorders involving the application of mental health counseling or other 1162 Court Street NE, Salem, OR 97301-4096 Telephone: (503) 947-4540 Fax: (503) 378-3784 TTY: (503) 378-5938 www.doj.state.or.us

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