Page 388 - 20818_park-B_efi

he establishes with a child is planned down to the smallest detail, 1 Question
sometimes for months in advance. We are not referring to someone
who has difficulty controlling his urges, but rather a man who seems
to be a psychopath.
My questions are the following:
Since this man is liable to cause danger to the public, is it a mitzvah
or an obligation to notify the rav of his future community so that he
warn him – discreetly - that his background is known to him and
they are watching him carefully, or at the very least, that the rav of
the community should be aware that he needs to supervise this man -
even without his knowledge - so that he not harm children?
If there is no objection, is it viewed as lashon hara if I take the
mitzvah upon myself and to be the one that reports to the rabbi in the
United States (or any other place where he lives)?
1 AnsweR
As stated in answer to the previous question, sometimes there is
room to be skeptical about the entire story. She might have set eyes on
someone else and is seeking an excuse to divorce him or to stain his
reputation. She might be having delusions. However, if it is clear to
the treating physician that there is truth to her words, he is forbidden
to hide his knowledge. This is a case of possible danger to the public
and harm to children, and not only prevention of a transgression.
Therefore, the physician should share his knowledge with the rav of
the community, so that they can find out if it is the truth.
The physician fulfills a great mitzvah if he keeps tabs on him from
a distance. And it can then be said of him, as of Rabbi Yehudah ben
Beseira: You are in Netzivin, but your net is spread in Jerusalem (ma-
seches Pesachim 3b).
1 SuMMaRy and Conclusions
If the physican recognizes that the woman speaks the truth, he should
do everything possible to ensure that the sinner not endanger Jewish
children.
382 1 Medical-HalacHic Responsa of Rav ZilbeRstein
13
Civil law prohibits the treatment of any mental illness in minors
(below the age of 18) without the knowledge and consent of their par-
ents. In addition, the issue of confidentiality, which is a fundamental
principle in psychological and psychiatric treatment, does not apply
to the parents during the treatment of their young child. Practically
speaking, the therapist treating a minor is required to repeat to the
parents, according to their request, all the information that the young
child gives him, even if the child clearly stipulated otherwise.
The following questions arise:
What is the halachic right of the parents to receive information
from the therapist about their children from the age of bar/bat mitz-
vah (13 and 12 years old respectively, for boys and girls) if the child
explicitly requested confidentiality?
What is the view of halachah regarding the parents’ right to influ-
ence/determine the process of the treatment or even to completely
prevent it?
Here is a partly-true case as an example:
A young boy committed a sin but immediately regretted it. He
sought medical treatment, in order to preempt possible danger from
contracting various diseases, as well psychological therapy, in order to
overcome the self-hatred he had developed as a result of the event. He
felt that revealing his act to his parents would cause him to suffer at
their hand, and thus requested that they not be told what happened
under any circumstances. There are no psychological reasons to enlist
the participation of the parents.
1 AnsweR
The prohibition of lashon hara applies even if one speaks about a son
to his parents. As explained in the Chafetz Chaim (Hilchos Lashon
Hara, Rule 8:11) there is no difference between lashon hara spoken
before strangers or before the relatives of the subject. It is even for-
bidden for one brother to speak badly of another to their father. It is
Patient reveals sins 2 399 # 20818