EC §49602 — School Counselor Privilege

Communications between a credentialed school counselor and a student are privileged (confidential). This means:

• The counselor generally cannot be compelled to disclose what a student shared
• The privilege belongs to the student (or parent/guardian for minors)

Exceptions — When Confidentiality MUST Be Broken

1. Danger to Self

If the student is at imminent risk of harming themselves, the counselor must:

• Take protective action (stay with the student, notify crisis team)
• Contact parent/guardian
• Refer for immediate evaluation

2. Danger to Others

If the student makes a credible threat to harm another person, the counselor must:

• Warn the intended victim (if identifiable)
• Notify law enforcement
• Take reasonable steps to prevent the harm

3. Mandatory Reporting — Child Abuse/Neglect (CANRA)

If the counselor has reasonable suspicion of child abuse or neglect, they must:

• File a report with the county child protective services agency (or law enforcement) immediately by phone
• Follow up with a written report within 36 hours
• This is a legal obligation — failure to report is a crime

4. Court Order

A court may order disclosure in certain circumstances.

Best Practices

1. Explain confidentiality at the start — Tell students what you will and won't keep private
2. Use age-appropriate language — "What you tell me stays between us, unless I'm worried about your safety or someone else's safety"
3. Document carefully — Keep session notes that are factual and objective
4. Consult with colleagues — If you're unsure whether to break confidentiality, consult (without identifying the student if possible)
5. Know your role — School counselors are NOT therapists; know the limits of your scope