The Positive Drug Screen and the Probation Officer
Carlos, 28, is in an intensive outpatient program as a condition of probation for a drug possession charge. His probation officer, Ms. Tran, calls and says, 'Carlos dropped dirty for cocaine on your last screen. I need the result and his attendance record by end of day, and if he's noncompliant I'm recommending revocation.' Carlos's intake paperwork included a consent form he signed at the direction of his probation officer that authorizes the program to report 'treatment compliance and drug test results' to probation. Carlos is present in the office and, hearing the call, says, 'Don't tell her about the cocaine - I'll lose my job and my kid. Just say I'm doing fine.' The program is a Part 2 program. Carlos has attended 9 of 10 sessions and has one positive screen; previous screens were negative.
1. What may the counselor disclose to Ms. Tran, and what may the counselor not disclose? Analyze the consent and the client's request to withhold.
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What the consent covers: A Part 2 consent signed as a condition of probation can authorize disclosure to the probation officer, but only within its terms. Here the consent authorizes 'treatment compliance and drug test results.' That likely permits reporting: attendance (9 of 10), and the fact of a positive cocaine screen. It does not authorize disclosure of the content of counseling sessions, diagnosis details beyond the consent scope, or clinical narrative beyond what was signed.
Client's request to lie/withhold: The counselor cannot misrepresent the test result ('just say I'm doing fine' is a request to falsify a report). The consent is valid and Carlos can revoke it in writing, but revocation is not retroactive and may have consequences (probation may treat refusal as noncompliance). The counselor should explain this and let Carlos make an informed choice - but the counselor does not commit fraud on his behalf.
What to do:
- Confirm the consent is valid and unexpired; check its exact scope.
- Disclose only what is authorized: attendance and the positive result, in factual, minimum-necessary terms.
- Do not editorialize or add clinical detail outside the consent.
- Tell Carlos what will be disclosed before disclosing it, and document his objection.
Key judgment: the counselor serves the client, not the probation officer, but a valid consent converts the disclosure into a client-authorized one. The counselor must neither over-disclose nor falsify.
2. Carlos asks to revoke his consent immediately. What are the counselor's obligations, and what should the counselor tell him about the likely consequences?
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Obligations on revocation:
- Part 2 permits revocation, generally in writing. The counselor must honor it prospectively - no further disclosures after revocation except as otherwise permitted by Part 2 (e.g., court order, medical emergency).
- Revocation does not undo prior lawful disclosures. If the positive result was already reported under valid consent, that disclosure stands.
- The counselor should document the revocation, the date, and what was disclosed before it.
What to tell Carlos (informed choice):
- He has the right to revoke.
- Revocation may be treated by probation as noncompliance with the treatment condition, potentially affecting his probation status. He should understand this before deciding, and may wish to consult his attorney.
- The program will not lie for him regardless.
- Offer to help him address the positive screen clinically (relapse discussion, adjusted plan) and to communicate his engagement (9 of 10 sessions) if he authorizes it.
Judgment tested: honoring client autonomy and the revocation right while being transparent that the counselor cannot deceive the court/probation and that revocation carries real external consequences. The counselor's loyalty is to the client's informed choice, not to shielding him from accountability or to serving probation's interests.