Client Privacy & Confidentiality

At AGUAS Latino Counseling Services, we recognize that trust is essential to the counseling relationship. Protecting the privacy, dignity, and confidentiality of our clients is an important part of providing professional counseling services.

This page provides general information about AGUAS's confidentiality practices. Individual circumstances, legal requirements, court orders, and other applicable laws may affect how confidentiality applies in a particular situation.

Our Commitment to Confidentiality

Information shared during counseling is treated as confidential in accordance with applicable Virginia law, professional ethical standards, and AGUAS policies.

AGUAS maintains client records securely and takes reasonable measures to protect counseling information from unauthorized access, use, or disclosure.

Information is not ordinarily released to another person or organization without appropriate written authorization from the client or the client's legally authorized representative, except when disclosure is permitted or required by law. 

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Limits of Confidentiality

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Confidentiality is important, but it is not absolute.

There are circumstances in which a counselor may be permitted or required by law to disclose information without the client's authorization.

Depending upon the circumstances, these may include:

• Suspected abuse or neglect of a child when reporting is required by law.

• Situations involving certain specific and immediate threats of serious bodily injury or death to an identified or readily identifiable person when Virginia's duty-to-protect requirements apply.

• Court orders or other legal proceedings in which disclosure is lawfully required.

• Other situations in which disclosure is required or permitted by applicable law.

Whenever reasonably possible and legally appropriate, AGUAS seeks to protect client privacy and limit disclosures to information relevant to the purpose for which disclosure is required.

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Court-Ordered & Agency-Referred Services

 

Some AGUAS clients receive services because they have been referred or ordered to participate by a court, probation or pretrial services, an attorney, social service agency, employer, school, or another organization.

 

Being referred to AGUAS does not automatically give the referring person or organization unrestricted access to a client's counseling information.

 

As applicable, AGUAS will explain what information may be communicated to a referring source and what authorization may be required.

 

Depending upon the nature of the referral, authorized communication may be limited to information such as:

• Enrollment or participation

• Attendance

• Compliance with program requirements

• Progress information when specifically authorized and appropriate

• Completion or discharge status

• Recommendations when authorized and appropriate

 

The scope of information released will depend upon the client's authorization, applicable legal requirements, the purpose of the referral, and the circumstances of the case.

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Authorization to Release / Exchange Information

When a client wants AGUAS to communicate with another person or organization, AGUAS may require a written Authorization to Release / Exchange Information.

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This may include communication with a:

• Court or court services representative

• Probation or pretrial officer

• Attorney

• Physician or other healthcare professional

• School or social service agency

• Family member

• Other professional or organization identified by the client

 

The authorization identifies the person or organization involved, the information that may be released or exchanged, the purpose of the disclosure, and the duration of the authorization.

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Clients are encouraged to ask questions about an authorization before signing it so they understand what information may be shared, with whom, and for what purpose.

 

Counseling Records

 

AGUAS maintains clinical records appropriate to the professional services provided. Records are maintained securely and handled in accordance with applicable Virginia law and professional requirements.

Record Retention & Secure Destruction

AGUAS maintains counseling records in accordance with Virginia professional requirements and other applicable laws.

 

For adult clients, counseling records are maintained for a minimum of five (5) years from the date the counseling relationship ends, unless a longer retention period is required by applicable law.

 

Records involving minor clients are maintained for at least five (5) years after the client reaches age 18, or for ten (10) years following termination of the counseling relationship, whichever is later.

 

When records are eligible for destruction, AGUAS uses methods designed to protect confidentiality and prevent unauthorized access to client information.

 

Minors & Confidentiality

 

Counseling involving children and adolescents presents additional privacy considerations.

 

Parents or legally authorized representatives may have certain rights and responsibilities regarding treatment and records. At the same time, appropriate privacy within counseling can be important to establishing an effective therapeutic relationship.

 

AGUAS discusses confidentiality expectations, limitations, and the handling of information with the minor and the parent or legally authorized representative, as appropriate to the circumstances and applicable law.

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Legal requirements, custody arrangements, court orders, consent authority, safety concerns, and the age and circumstances of the minor may affect how information is handled.

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Subpoenas, Court Orders & Legal Proceedings

 

A subpoena, court proceeding, or request from an attorney does not necessarily mean that counseling records or other confidential information will automatically be disclosed.

 

Virginia law recognizes a privilege for certain confidential communications between an LPC and client in civil proceedings, although that privilege has exceptions and courts may order disclosure in certain circumstances.

 

AGUAS evaluates legal requests for client information according to applicable law, professional obligations, client authorization when appropriate, and the specific circumstances involved.

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Electronic Communications

 

Email, text messaging, website forms, voicemail, and other electronic communications can be convenient but may involve privacy and security risks.

 

Clients should use discretion when communicating sensitive information electronically.

 

AGUAS may recommend another communication method when highly sensitive records or information need to be exchanged.

 

Electronic communications are not continuously monitored, and a response should not be expected immediately. Electronic communication should not be used for emergencies or situations requiring an immediate response.

 

Professional Consultation

 

Professional counselors may sometimes consult with other qualified professionals for purposes such as clinical consultation, supervision when applicable, or professional guidance.

 

When consultation occurs, AGUAS seeks to protect client confidentiality and avoid unnecessary identifying information whenever reasonably possible.

 

Client Questions & Concerns

 

Clients are encouraged to ask questions about confidentiality, records, releases of information, court-related reporting, electronic communications, or any other privacy concern.

 

If you are asked to sign an Authorization to Release/Exchange Information and do not understand what information may be shared, please ask before signing.

 

We believe clients should understand how their information is handled.

 

Website Privacy Is Separate

 

This Client Privacy & Confidentiality page concerns professional counseling services and client information.

 

Information concerning data collected through the AGUAS website, cookies, website technology, and website service providers is addressed separately in the AGUAS Privacy Policy.

 

Contact AGUAS

 

Questions regarding confidentiality or AGUAS privacy practices may be directed to:

 

AGUAS Latino Counseling Services
120 Falcon Drive, Suite 6
Fredericksburg, Virginia 22408

Phone: 540-372-7211
Email: info@aguaslatcounseling.com

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