How to Start and Facilitate a Support Group for Victims of Stalking

Group PreparationsResearching Legal Responsibilities: Confidentiality,Privilege, and Mandatory Reporting LawsFacilitators need to understand the laws and policies that may affect the operation of theirgroup. In particular, they should be aware of laws on confidentiality, privilege, and mandatoryreporting. If the support group is being hosted by a local agency, such as a domestic violenceshelter or rape crisis center, the agency may already have policies in place regarding client confidentiality,privilege, and mandatory reporting. These policies may dictate how the facilitatorand other employees of the agency will maintain victim confidentiality, including documentationof group members’ identities, personal information, and issues they choose to share whilein the group. 21Many agency policies also explain the mandatory reporting laws in their particularjurisdiction so clients will understand in which circumstances their information will not beheld confidential by the agency. Mandatory reporting laws require some professionals to reportcertain crimes, such as child or elder abuse. For example, if a support group facilitator is amandated reporter in their jurisdiction and a group member reveals a current incidence of childabuse during a group session, the facilitator may have to report that incident to child protectiveservices, thus breaking the client’s confidentiality.Regardless of an agency’s policy on confidentiality, criminal and civil judges may be ableto order group facilitators or other agency employees to testify in court or submit their writtendocumentation, such as progress notes, about a group member or statements made duringa group session. This occurrence typically happens when a defense attorney requests that thecourt issue a subpoena against the facilitator of the group or the agency that hosts the group.While courts seldom subpoena support group documents, and some courts may have seta precedent not to subpoena them at all, such documents are subject to subpoena in all communitiesunder certain circumstances. Because of this possibility, facilitators should take stepsto minimize any potential damage to their members’ cases. Recognizing that too much recordkeepingmay be detrimental to a victim in court, but too little may be detrimental to the group,facilitators may want to consider keeping only necessary written contact information aboutgroup members and to refrain from recording and retaining information about group membersor group meetings. Facilitators can also find out if courts in their community have ever subpoenaedthese documents and how other social service agencies protect client information.To protect the agency, the facilitator, and the client, it’s important to determine whetherthe facilitator or other agency staff members hold a legal privilege to keep notes and informationabout clients out of court. Some states have laws granting victim advocates, social workers,doctors, and other practitioners this legal privilege (stating that information relayed during thecourse of a professional service to a client cannot be obtained by the courts). However, even ifthere is a law granting legal privilege to a profession, an attorney should be consulted on thestrength of that law (e.g., if it has been upheld in an appellate case).21 Groups hosted by a local agency should have a clear, written agreement that the group is part of and legallyprotected by the agency, regardless of how and when the group started.19