Often, important material that can be used as uplifting sermon illustrations is obtained during the counseling process. In most instances, information so revealed has no adverse ramifications, but in few instances, some ministers have been sued for invading the privacy of a counselee. If a minister wishes to reveal privileged information obtained during a counseling process, then to be safe, the minister should obtain the written consent of the counselee. The clergy confidentiality in most states will be violated by revealing this information to any outside party, including discussions with other ministers during minister retreats. Clergy can give generic examples in order to obtain counseling assistance, but should avoid revealing names.
Most states have mandatory child abuse reporting laws.
To not comply with the mandatory child abuse reporting requirement could result in legal liability. In some states, a minister must comply with the mandatory child abuse reporting law notwithstanding the clergy confidentiality rule. If the minister does not report suspected child abuse, the minister must be absolutely sure that the information was given during a confidential communication. If it was not, the minister is required to report child abuse. Learning of child abuse through a third party, hearing of child abuse by the abuser in the presence of outsiders, learning of the abuse from the abuser during casual conversation, or possibly even of the abuse from a family member other than the abuser during casual will not qualify as a privileged communication, and therefore the minister must report the abuse.