At Smiling Hearts And Minds, we are dedicated to providing ethical, safe, and supportive counseling and psychotherapy services tailored to the needs of young clients (who are under 18 years old). This policy outlines the legal, ethical, and procedural framework for working with children and adolescents, ensuring that all services prioritize the young client’s well-being while complying with Australian laws.
1. Purpose
The purpose of this policy is to provide clear and comprehensive guidelines for:
• Securing informed consent for young clients under 18 years old.
• Maintaining confidentiality and protecting privacy.
• Managing safety concerns and ensuring the young client’s best interests.
This policy ensures a smooth and transparent therapeutic process that upholds the highest standards of care.
2. Scope
This policy applies to counseling and psychotherapy services provided to:
• Children under 16 years old, where parental or guardian consent is required.
• Adolescents aged 16–17 years old, who may independently consent under Australian law (Gillick competence).
In addition to this policy, all services adhere to Smiling Hearts And Minds’ overarching policies, including:
• Privacy and Confidentiality Policy
• Informed Consent Policy
• Complaints and Feedback Policy
3. Consent Requirements
3.1. For Children Under 16 Years Old
• Parental or Guardian Consent:
Both parents or legal guardians must provide consent before therapy can commence, unless a court order (e.g., Family Court Order) or intervention order (IVO) specifies otherwise.
• Court Orders and IVOs:
If a court order or IVO exists, it determines who can consent to therapy:
• Sole Parental Responsibility: Consent is only required from the parent with sole decision-making authority.
• Shared Parental Responsibility: Consent must be obtained from both parents.
• IVO Restrictions: If an IVO limits one parent’s involvement, therapy will proceed in strict compliance with the order.
• Responsibilities of Parents/Guardians:
Parents or guardians must:
1. Notify Smiling Hearts And Minds of any court orders or IVOs relevant to the young client.
2. Provide a copy of the court order or IVO prior to the commencement of therapy.
3.2. For Adolescents Aged 16–17 Years Old
• Independent Consent:
Adolescents aged 16 years or older are considered capable of providing their own informed consent for therapy if they demonstrate sufficient maturity and understanding (Gillick competence).
• Right to Terminate Therapy:
Adolescents with independent consent may discontinue therapy at any time. Their decision will be respected and supported.
• Encouraging Parental Involvement:
While parental involvement is not required for adolescents with independent consent, it is encouraged when appropriate to enhance therapeutic outcomes and provide additional support.
3.3. Exceptions to Consent
• Emergency Situations:
In emergencies, therapy may proceed without prior consent to address immediate risks to the young client’s safety. Consent will be obtained as soon as practicable, either before or after addressing the emergency.
• Best Interests of the Young Client:
Smiling Hearts And Minds reserves the right to withhold or discontinue therapy if it is determined that continuing may not serve the young client’s best interests or could cause harm.
4. Privacy and Confidentiality
4.1. Confidentiality for Young Clients
Counselors/psychotherapists will maintain the confidentiality of a young client (who is under 18 years old) in accordance with their expressed wishes, provided:
• The young client or others are not at immediate risk of harm.
• Disclosure is not legally required (e.g., mandatory reporting, subpoena).
• Exceptions outlined in Smiling Hearts And Minds’ Privacy and Confidentiality Policy do not apply.
For young clients who are not capable of providing informed consent, counselors/psychotherapists will respect their privacy preferences wherever appropriate.
4.2. Communication with Parents or Guardians
• Children Under 16 Years Old:
Counselors/psychotherapists may share general updates about the young client’s progress and well-being with parents or guardians. However, specific details will only be disclosed if necessary to manage risks or comply with legal requirements.
• Adolescents Aged 16–17 Years Old:
Adolescents who independently consent to therapy are entitled to confidentiality. Counselors/psychotherapists will only share information with parents or guardians if:
• The adolescent consents to the disclosure.
• Disclosure is legally required or necessary to ensure safety.
Counselors/psychotherapists will always explain the need for any disclosure, ensuring the young client feels informed, respected, and supported.
5. Managing Risks and Safety Concerns
Smiling Hearts And Minds prioritizes the safety and well-being of young clients. We are committed to promptly addressing any concerns, including:
• Suicide or self-harm.
• Child abuse or neglect.
• Family violence.
• Violence within schools or communities.
If risks arise, appropriate measures will be taken, including notifying relevant authorities when required by law. Parents/guardians and young clients are encouraged to share any concerns as soon as possible to ensure timely and effective support.
6. Registration Process
6.1. For Children Under 16 Years Old:
Parents or legal guardians are required to:
1. Complete and sign the registration form.
2. Provide contact details for both parents unless a court order specifies otherwise.
3. Submit a copy of any court orders or IVOs, if applicable.
6.2. For Adolescents Aged 16–17 Years Old:
Adolescents attending therapy independently may complete and sign the registration form themselves.
7. Compliance with Laws and Policies
Smiling Hearts And Minds strictly adheres to Australian laws and professional standards for counseling and psychotherapy. In addition to this policy, all services comply with:
• Privacy and Confidentiality Policy
• Informed Consent Policy
• Complaints and Feedback Policy
These policies ensure our services are delivered ethically, transparently, and in full compliance with legal and professional obligations.
8. Contact Us
If you have any questions about this policy or our services, please feel free to contact us:
• Phone: 0449 521 397
• Email: info@theshm.com.au
• Website: theshm.com.au
Smiling Hearts And Minds – Supporting young clients and families for a brighter, more positive future.
Version 1 / January 2025