Showing posts with label confidentiality. Show all posts
Showing posts with label confidentiality. Show all posts

Friday, October 24, 2014

Four hasidic sex abuse survivors died in the last month

Baruch Dayan Ha'emet - In Memory of Joey Diangelo
Joe Diangelo was the fourth hasidic survivor of child sexual abuse who lost their life to either suicide or an accidental drug overdoes in the course of the last month.

We all wish there was something we could do to turn all of this around, yet as long as there is a culture in which children are not believed (including adult survivors), the number of individuals who commit suicide or die from accidental drug overdoses will continue.

What happens in New York, also occurs in other insulated orthodox communities globally, such as in Baltimore, Chicago, Los Angeles -- and including far away places as Canada, Israel; Australia and South Africa

It sickens many of us greatly that to many Jewish leaders in both the hasidic and yeshivish worlds (worldwide) refuse to allow their followers to get legitimate help from licensed mental health professionals, who actually have the correct education and training to work with survivors of sexual trauma. Another major problem in these types of insulated communities is that it is common practice for survivors who wish to enter into psychotherapy to ask permission from their rabbi to do so. Once the rabbi agrees, the rabbi will instruct the individual which therapist to see. This type of approval in many communities is mandatory. 

Unfortunately, the mental health professionals (licensed and non-licensed) who the rabbis refer their congregants to, have a habit of violating confidentialities. 

Several hasidic and or yeshivish "professionals" believe they are required to share private information disclosed by their clients with the client's rabbi -- even though this type of information violates HIPPA or any other type of legally binding secular law. 

All too often the rabbonim from these communities will say that it is much better for survivors to speak with a rabbi or mental health professionals from within their own communities for cultural reasons -- with the belief the outside world would try to change their way of thinking, customs or religious beliefs. What the rabbis don’t broadcast is that they are aware that outside professionals are not under their control and would not violate the client / professional rules of confidentiality.

When a survivor goes outside the community for help, they are violating the rules and regulations of their community, which often leads to the survivor and or their family members being shunned -- meaning, they no longer are allowed to attend Jewish schools, synagogues or gatherings for other community members. If the survivor or their parents own a business, the rabbonim have the option of banning other community members from shopping or doing business with them.

Another custom appears to be that when it is learned that a adolescent or young adult survivor seeks help outside the community, and the survivor refuses to adhere to the rules of the rabbonim, the parents are often instructed to kick their children them out on to the streets -- which leads the growing population of homeless hasidic or yeshivish teens and young adults.

When an individual grows up in or joins an insulated community they don't have the same resources available to them as those who live in the secular world. They are taught not to trust outsiders. They are unaware of the resources available to them, and if they do reach out to the secular world for help, they are taught that outsiders will harm or kill them. The problem is about cult like practices that mimic mind control, and not about religion or faith.

Considering these disastrous traditions, we all must be made aware once again that blaming individuals who have been victimized is WRONG and all too often turns into a deadly mess.

Tuesday, March 1, 2005

Rabbis, confidentiality and other ethical issues

(This article was co-authored by Michael J. Salamon, PhD., and originally published by The Awareness Center back in 2005 and republished by The Times of Israel on March 3, 2015)

Growing up in the United States means you most likely know something about the Christian faith and their concept of confession. The most commonly known format is the one used within the Catholic church where an individual goes to a priest and confesses their sins. It is understood that what they tell a priest would be kept confidential. This is a hallmark of the Catholic faith. 

Often many individuals seek out spiritual guidance, which is considered a form of counseling, from their clergy. The problem is that in the US, there is a separation between Church and State and there are no laws on the books stating that clergy are required to keep what is said confidential. Talking to a spiritual advisor is the same as talking to a friend. Prior to communicating personal information with someone, it is always suggested that you establish a degree of trust between that person and yourself. 

If you should tell a friend secrets about yourself you have no way of being assured that what you tell them would be kept confidential. If your friend were to share personal information about you, you would have no legal recourse — except if what they said is untrue. The same could be said about any member of the clergy that you would communicate with.

One remedy to this situation is to have some sort of signed document between yourself and the clergy member (a written contract). If there would be a breach in the contract then you would have some legal standing in a law suit.

There is a difference when you speak to a licensed mental health provider and a rabbi, priest, or other spiritual advisor. A licensed mental health provider is bound by the ethics of their degree, and is required to follow the state and federal laws, pertaining to confidentiality. A rabbi, priest or other members of the clergy are not regulated and there is no legal remedies to situations relating to the violation of confidentiality.

It is also important to note that mental health providers are mandated reporters. What this means is that if you are a danger to yourself, or someone else — they are obligated by law to report it to the proper authorities. If a child is at risk of harm, they can NOT keep that information confidential. Many advocates for children believes the same should be true with clergy.

One suggestion is that prior to disclosing personal information about yourself or a loved one, you might want to consider writing up a document and have your clergy member and a witness sign and date it.

Another suggestion is that all synagogues and or other organizations that employ a rabbi or other clergy member have a written blanket statement regarding confidentiality, and make the statement legally binding.

Below are some suggestions and points that you may want to include in such a document.
  1. Your name
  2. The clergy members name and or the name of the organization/synagogue they are employed.
  3. The date the confidentiality agreement is signed.
  4. A statement stating the types of information that you request to be kept confidential.
  5. A statement acknowledging the concept of mandated reporting.