May 20, 2025 | Ohio Law
If you are seeing a therapist in Ohio, you may wonder what information is protected and what they’re legally required to report to the police. While therapy is meant to be private and confidential, there are important exceptions under state law. Knowing what a therapist has to report can help you protect your rights and understand your risks.
Therapist-Client Confidentiality in Ohio
In general, conversations between a therapist and their client are confidential. This is known as therapist-client privilege, and it exists to allow clients to speak openly without fear of outside judgment or consequences. Mental health professionals are expected to keep what you say private unless specific legal exceptions apply.
However, this principle is not absolute. There are circumstances where Ohio law requires a therapist to break that confidentiality and notify the authorities.
Mandatory Reporting Laws in Ohio
Ohio has clear mandatory reporting rules that apply to licensed mental health professionals. These laws are designed to protect people from serious harm and to prevent criminal activity when certain warning signs are present. A therapist must contact law enforcement or other agencies in the following situations:
- Risk of harm to others: If a client threatens serious, specific physical harm to another person, the therapist may be required to report the threat. Depending on the situation, this could include warning the potential victim or notifying police. This is sometimes referred to as the “duty to warn” rule.
- Threat of harm to self: If someone expresses plans to take their own life or otherwise seriously hurt themselves, the therapist may need to alert emergency services or others who can intervene. This is done to help protect the individual from imminent danger.
- Child abuse or neglect: Ohio law requires therapists to report any known or suspected child abuse or neglect to the appropriate authorities. This includes physical abuse, sexual abuse, and even situations involving dangerous home environments.
- Elder abuse or dependent adult abuse: Therapists must also report abuse or neglect involving elderly individuals or adults with disabilities if they suspect it’s taking place.
Ohio’s mandatory reporting laws are essential in ensuring the safety and well-being of vulnerable individuals.
What Therapists Are Not Required To Report
While the above situations require action, not everything said in a therapy session must or should be shared with law enforcement. For example:
- Talking about past drug use, unless it involves ongoing child endangerment or other similar circumstances, generally does not trigger a report.
- Admitting to feelings of anger or frustration without threats does not typically rise to the level of a police report.
- Confessing to past crimes, if no one is currently at risk, is not always reportable unless a subpoena is involved.
That said, certain types of statements could still come back in legal proceedings if records are subpoenaed by a court. This usually requires a judge’s approval.
Can Therapy Notes Be Used in Criminal Cases?
Under some circumstances, law enforcement or prosecutors may try to obtain a therapist’s notes or records as evidence in a criminal case. These records are protected to some extent, but a court can order them to be released if they are considered critical to a case.
For example, if someone confesses during therapy to a violent crime and the case goes to trial, the court might issue a subpoena to review those records. However, this is not automatic. A judge will usually weigh the value of the information against the need to protect privacy.
What Should You Know if You’re Involved in a Criminal Case?
If you are facing criminal charges or expect that you might be investigated as a defendant, be cautious about what you disclose during therapy. While many things remain protected, there are exceptions that could come into play.
You don’t need to avoid therapy entirely, but you should understand the limits of confidentiality before sharing certain information. A criminal defense attorney can explain how Ohio law applies to your situation and whether speaking to a therapist could affect your case.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
Therapy is an important part of recovery and personal growth, but it’s also important to be aware of the legal boundaries. If you are concerned about what a therapist might be required to tell the police, speak with a defense lawyer before making disclosures that could have legal consequences.
An experienced criminal defense attorney can help you understand your rights and guide you through any issues that come up with law enforcement, subpoenas, or mandatory reporting. Set up a free consultation today.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
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