Under which condition can a therapist release confidential records?

Prepare for the California MFT Law and Ethics Exam. Utilize flashcards and multiple-choice questions, each offering hints and explanations to enhance learning, ensuring you are fully prepared to succeed in your licensure test!

A therapist can release confidential records when a court orders it or with the client’s written permission because these are the two primary circumstances under which confidentiality can be breached according to California law. The court order is a legal directive, compelling the therapist to provide specific records or information, thus overriding the confidentiality agreement held with the client. On the other hand, obtaining written permission from the client is a way to ensure informed consent, allowing the therapist to share the records as directed by the client. This dual requirement emphasizes the necessity of legal backing or explicit consent to safeguard the client's privacy while still allowing for necessary information sharing under regulated conditions.

In contrast, the other options do not adequately uphold the ethical and legal standards governing confidentiality in therapy. A verbal agreement alone does not provide the same legal standing as written consent or a court order. Relying on a therapist's opinion regarding necessity for treatment does not justify the release of records without the appropriate permissions or legal mandates. Lastly, a family emergency, while potentially impactful, does not constitute a legal reason to breach client confidentiality unless it directly involves harm to the client or others, which would trigger different legal and ethical considerations. Thus, these conditions are not sufficient grounds for releasing confidential information.

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