Guardians of the System: The Therapist’s Role in the Legal Arena

By Val Bruno, LPC, RPT-S, CAS, ADHD-CCSP, CMNCS

“We can’t make this stuff up—the system is BANANAS. And we can do hard things, including making some sense of it.”

That’s something I’ve said more than once (usually with coffee in hand and an incredulous look on my face). Because if you’ve ever been subpoenaed, sat through a court hearing, or gotten a GAL email that felt just slightly condescending and wildly unclear, then you know: the systems we work within are complex, overwhelming, and—at times—completely absurd.  Just the language alone can be enough to wrap myself in bubble wrap and run into a wall! 

But the truth is, therapists are often the ones holding the line for kids inside those systems. Especially play therapists. We’re the ones who’ve sat in the sand tray with the child who doesn’t always use words to explain what happened. We’re the ones who’ve watched the themes shift from chaos to containment. And sometimes, we’re the ones asked to explain that to a judge. That is, if we’re asked to consult or included at all.

And no one ever taught us how.

So, Why Is This Training Even Necessary?

Because legal involvement is no longer an “if.” It’s a when. Whether you’re working with families navigating divorce, kids in foster care, or high-conflict co-parenting dynamics, legal processes will eventually show up in your therapy room—and if we’re not prepared, we risk doing harm.

We risk:

• Accidentally releasing full records without understanding privilege

• Saying too much (or too little) in court

• Being discredited because we’re “just the play therapist”

• Getting pulled into advocacy roles we’re not legally allowed to fill

My training at SITH Guardians of the System conference isn’t about turning you into a lawyer. Ew, no gracias! It’s about giving you the tools and confidence to hold your ground—ethically, legally, and clinically—when you’re asked to step into the legal arena. It’s about translating legal-ese into comprehensive, digestible language so you can offer meaningful feedback and clinical data that supports kids and families navigating the system. It’s also about understanding your rights as a therapist within a patriarchal, often trauma-indifferent system—one that wasn’t built to hold nuance, emotional safety, or the pace of healing.

What You'll Actually Do Differently After This Training

Let’s be honest: therapists don’t need more theory. We need actionable tools that translate into our real work. We need support and road maps from those who’ve trailblazed before us—therapists who’ve already navigated the legal waters and lived to tell about it.

In The Legal Arena: Playing by the Rules and Advocating for Clients, we’ll cover practical, usable strategies you can start applying immediately, including:

• How to identify who holds privilege for a minor client (Hint: it’s not always both parents.)

• What your clinical notes need (and don’t need) if they end up in court

• How to translate your brilliant therapeutic observations into clear, ethical courtroom language

• When to write a summary report vs. provide records, and how to charge for that

• What to do when you get a subpoena and you don’t want to go to court (Yes, it’s allowed-sometimes, kinda.)

We’ll also normalize the weird, uncomfortable emotions therapists experience in these situations. The guilt. The confusion. The “Am I doing this wrong?” moments. The internal question: “Am I even making a difference?” These moments of self-doubt are common—and they don’t mean you’re not good at what you do. They mean you care. And we’ll talk about how to move through those feelings with integrity and support.

We’ll also explore how these legal intersections affect our case conceptualization. For example, how do you support a child in therapy when they are placed with a foster family, but still court-ordered to visit with a biological parent who has been abusive? How do we help children find safety and expression when legal timelines and permanency planning don’t align with therapeutic pacing? These are the gray zones that don’t always come with a manual, but this training gives you a starting point.

And we’ll answer the one question I get all the time:

“Wait… why am I even doing this?”

Common Misconceptions Therapists Have About Legal Involvement

One of the most pervasive myths in our field is that if you just do good clinical work and keep clear notes, you won't have to deal with the legal system. Unfortunately, that simply isn't true. It will come for you—like glitter in that sneaky art project you thought you threw out... but nope. Still there. Haunting. Here are a few other myths I hear frequently:

• "If I write a great letter for court, that should be enough."

  Writing a letter may seem helpful, but courts often need specific language, timelines, and clearly defined opinions based on clinical facts. A great letter might help—but it might also be dismissed if it doesn’t meet legal standards.

• "I can just tell the judge what I think is best for the child."

  Unless you're qualified and designated as an expert witness, you're likely only allowed to testify to what you observed or did in therapy. Recommending custody arrangements or making parenting time suggestions can land you in hot water, even if your intentions are good.

• "If a parent signs a release, I can talk freely."

  Not always. If the minor client holds privilege (or their guardian does), you still have to ensure the right party has provided informed consent for the kind of disclosure you're being asked to make.

Dispelling these myths can save therapists from significant legal and ethical consequences and save clients from harm.

A Peek Inside the Training Day

Throughout this session, we explore the people and systems in the legal world that therapists interact with and build confidence around the "what ifs" and "now whats."

Participants will:

• Walk through real-world scenarios from subpoenas to surprise GAL calls

• Practice shifting clinical language into plain courtroom communication

• Explore policies you can create in your own practice (like fees, response times, and record formats)

• Learn about summary reports and why they might be better than full records

We’ll also talk about language—how words carry legal weight, and how to make sure our documentation supports clarity without stepping outside our role. That includes understanding what belongs in process notes, how to respond to court orders, and what to do when you're not sure who has legal authority to consent.

One of the most powerful parts of the session is when we pause to ask: "How can I stay regulated while helping a system that is dysregulated?"

We use movement, fidgets, coloring pages, and community building—because you can't be an effective advocate if you're dysregulated yourself.

Scripts Therapists Can Keep in Their Pocket

Sometimes, the hardest part is knowing what to say. Here are a few therapist-friendly, legally aware scripts we’ll explore:

• To an attorney requesting a file:

  "Thanks for your request. Before I release anything, I need clarification on the scope of the subpoena and confirmation of who holds privilege for the client. I want to ensure I'm complying ethically and legally."

• To a parent pressuring for a court letter:

  "My role as your child’s therapist is to support their emotional well-being, not to provide legal recommendations. If the court requests a statement, I can provide a summary of therapeutic themes and progress with proper authorization."

• To yourself (when you get the dreaded subpoena):

  "I am not alone. I have a plan. I can consult. I don’t have to panic. This is hard, and I can do it."

Play Therapists Are Uniquely Positioned—And Often Overlooked

Let’s not sugarcoat it: play therapists are often dismissed in legal settings.

We use toys, after all. We let kids build galaxies in sand trays and speak through puppets. So when we walk into a courtroom with our calming tone and child-centered mindset, some may assume we don’t have anything legally relevant to say. And they’d be wrong. Play therapy isn’t soft—it’s strategic. It’s developmentally aligned, clinically grounded, and wildly powerful. So let them underestimate us. And then let them witness the kind of clarity and insight that could only come from a true guardian of the system.  Uh-huh… see what I did there?

Also? If a courtroom dance-off ever breaks out, we’re ready. And when words fail, we can always channel our inner Groot and say what needs to be said: "I am Groot." (Translation: You’re out of your jurisdiction, Counselor.)

But what we know—what YOU know—is that our work is often the most developmentally aligned and most connected to a child’s lived experience. We understand emotional safety. We watch for dissociation. We observe subtle shifts in symbolic play.

And when we learn to translate that into language the court understands, we become powerful advocates.

We’re not just therapists in those moments. We’re guardians. 

You Don’t Need a Law Degree—You Need a Clear Map

One of the most empowering parts of this training is discovering that you don’t need to memorize statutes or transform into an expert witness overnight. Thank God, Ego, or whichever Celestial you pray to. You just need:

• A basic understanding of legal terms and players (Who is the GAL again? What’s a deposition?)

• A clear, repeatable system for handling subpoenas and record requests

• Strong boundaries around what you will and won’t provide

• Language that sounds professional without sounding like a robot

• Support around ethical decision-making when things feel murky

This training gives you that map—not to the next planet, but through the often bizarre legal terrain therapists get dropped into. So you don’t have to jump blind through legal hyperspace. It also gives you permission to say:

“This is scary… and I can still show up well.”

One Nugget to Take With You Now

Here’s one thing that might shift your thinking right away:

Just because you received a subpoena does not mean you must speak about everything.

You have the right—and the obligation—to protect your client’s confidentiality within legal limits. That means:

• You can assert privilege if your client (or their guardian) has not waived it

• You can clarify the scope of the subpoena

• You can consult with an attorney before responding

• You can attend court but only speak to what you’re allowed to say

You are not powerless in this system. You just need the right tools.

Ready to Join the Guardians?

The Legal Arena: Playing by the Rules and Advocating for Clients is a practical, playful, and empowering session built for clinicians like you—therapists who aren’t afraid to face chaotic systems with courage, clarity, and just the right amount of rebel energy. You’re guardians of emotional safety navigating systems that weren’t exactly designed with healing in mind. This session is packed with the kind of tools you wish came standard with your metaphorical mixtape.

You’ll leave with clarity, confidence, a few solid one-liners for when that GAL or caseworker finally emails back, and an expanded view of your capacity to navigate hard things.

And if nothing else—you’ll leave knowing:

You’re not alone.

You’re not doing it wrong.

And yes… you really can do hard things.

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Val Bruno, LPC, RPT-S is a passionate licensed professional counselor, dedicated to supporting neurodivergent children and families through self-discovery and healing. With 14 years of experience, she specializes in attachment trauma, child development, and high-conflict family dynamics. A military veteran, she is committed to serving both civilian and military families. Val is a Registered Play Therapist Supervisor, Certified Autism Specialist, and expert witness in child development and trauma. She integrates diverse therapy modalities to create personalized, meaningful interventions. Val also provides training and supervision, equipping professionals to better support neurodivergent children and families in their communities.