do I have the legal right to know if my wife has been seen for mental illness

Submitted by ashaify Tue 05/03/2011

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Hi Ashaify, The laws vary

Submitted by Dr. Lane on Wed, 05/04/2011 - 12:29pm.

Hi Ashaify,

The laws vary depending on the state (if you're here in the U.S.) or country in which the treatment was received. But, in most (if not all) states here in the U.S., mental health records are "privileged", and cannot be accessed without the client's (your wife's) consent.

One of the exceptions to this rule (in most if not all states in the U.S.) is, if a person is deemed to be an imminent danger to self or others. Confidentiality can be broken to ensure safety (e.g., in order to get the person hospitalized in an appropriate facility). Another exception may be in a child custody case, as the mental health of the parents (if a concern) can play a role in determining how custody is awarded.

If you knew where your wife obtained treatment, then it would usually require a court order (and a judge would have to determine that the situation warranted the order) to gain access to the records. But, since it sounds like you don't even know whether or not she's had treatment, then it becomes a lot more complicated. No one can force her to tell you if she has had an evaluation or treatment for mental illness.

I recommend that you consult with an attorney regarding your rights based on your specific circumstances and the laws where any treatment may have taken place. I am not an attorney so please do not take anything I have said here as "legal advice".

I hope this helps.

—

Dr. Lane

For Treatment Options Call (877) 331-9311

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