Law And Ethics

Front 1

What are the exceptions to confidentiality *

Back 1

call PET is someone is suicidal. danger to self is an exception to confidentiality.

Front 2

Do you have to report if an emancipated minor is abused?

Back 2

Yes, you report just as if they were not emancipated.

Front 3

Willfully causing or permitting a child to suffer unjustifiable physhical pain or mental suffering applies to... *

Back 3

Any minor. If they are attacked or tormented by another person it is reportable.

Front 4

Informed consent

Back 4

each adult should sign a consent form. Minimal requirements include: Fees (talk asap, even prior to 1st session), intern status (disclose who's supervising you & their license #), confidentiality & its limits, payment schedule, cancellation policy, 3rd party payments accepted (insurance), collection agencies, phone call policies for payment, limitation of # of sessions (insurance), emergency availability, seperate informed consent for 3rd party observation or video taping, sometimes when you suffer from trauma it often gets worse before it gets better, CAMFT says u can talk about your orientation, training, exp.

Front 5

consent for minors-general rule

Back 5

For anyone under 18 the ocnsent of the parents/legal custodian is required. If the couple is still together either one has the power to consent.

Front 6

consent for minors-joint custody

Back 6

either one can consent. Some sole custody orders give only one parent the right to consent. Always advisible to get both parents to sign. Refer back to judge if decision cannot be made. Always best to get the custody order. If one parent withdraws consent later, it's less dangerous to continue therapy cause u have an established rel. w/ the client. Request 2 sig's to stop therapy.

Front 7

legal guardian-consent for minor

Back 7

can give consent. they are appionted by the court

Front 8

authorized care giver-consent for minor

Back 8

certain relatives. They fill out an affidavid. They must be over 18 and minor must live in their home. Their consent is not valid if it goes against the consent of the legal custodian, unless it goes against their health, safety, life. Foster parents generally do not have a right to consent unless it's an emergency situation.

Front 9

legal adopted parent-consent for minors

Back 9

can consent, but not a step parent unless they've adopted them or are a qualified legal guardian.

Front 10

child can consent to tx under certain circumstances

Back 10

1. 12 or older
2. must in the therapists opinion be mature enough to participate in therapy
3. alleged victim of incest or child abuse
or
4. minor would present a serious threat of physical or mental harm to self or other w/out tx.
Tx must involve the parent unless you feel the involvement would be inappropriate.

Front 11

Parent involvement and fees for minor

Back 11

parents are not liable for fees if the child consents unless the parent participates.

Front 12

when do parents have a right to info. about their child? When does a minor have the right to block giving out information? What are the exceptions?

Back 12

1. if the therapist believes it would harm their rel.
2. would have a detrimental effect on the patients well-being
3. harm the professional rel.
1 and 2 apply to record and info.
3-can't turn over records if 1 or 2 are true

Front 13

what is priviledge and who can claim it?

Back 13

Priviledge-the right to with hold confidentail info. in a legal proceeding.
who can claim priviledge? the client and any person authorized by the holder to claim the priviledge

Front 14

Terasoff and your duty as a therapist

Back 14

1.patient or patients immediate family member(s) 2. communicates 3. to therapist 4. a serious threat 5. of physical violence 6. against a reasonable identifiable victim (can include a school, rape)
You have a duty to warn: 1. the potential victim 2. notify law enforcement. AIDS not covered by Terasoff.
If someone like a friend tells you and you believe it you can use evidence code 1024.

Front 15

danger to property of others is...

Back 15

permissive

Front 16

child abuse

Back 16

1. physical
2. sexual
3. emotional-permissive
4. neglect
standard is reasonable suspicision

Front 17

willfull cruelty or unjustifiable punishment is abuse

Back 17

willfull-intentional
unjustifiable-weigh what was done against the punishment-use your clinical judgement.
open hand on the bottom, age approp., no marks is not abuse.

Front 18

unlawful corporal punishment or injury

Back 18

act is willfull. Inflicting either cruel, inhuman, or corporal punishment resulting in a traumatic condition. Ex. eating food out of a dog dish.

Front 19

cruel corporal punishment

Back 19

look at the intentions of the parent and the act of the child

Front 20

rape

Back 20

if their over 18 it is a crime, but it's not a mandatory report

Front 21

sex between minors and exception

Back 21

consensual sexual activity bet. minors is not reportable, does not include incest, unless:
1. intercourse betw. <16 w/21 and over
2. sexual activity minor 14-15 w/ adult 10+ years older
3. sexual activity minor >14 and disparate age, sophistication, maturity (3 years)
4. 16-17 can engage w/ any minor except under 14.

Front 22

evidence code 1024

Back 22

Not terasoff. If you have reasonable cause to believe the patient is in danger of harming themselves or others or others property then you can disclose it if its necessary to prevent danger. Warn the person and notify law enforcement.

Front 23

reportable sexual acts:

Back 23

1. sex between a minor and anyone where the minor did not consent
2. incest (includes step)
3. any sexual activity between someone >14 and someone 14 or older
4. any sexual acitivty between someone under 14 and someone of disparate age..., that is not simply experimentation ex. developmentally delayed person
5. sexual intercourse between someone >16 & someone 21 or over
6. any sexual activity between someone 14 or 25 and someone at least 10 years older.

Front 24

confidentiality

Back 24

is an ethical duty of non-disclosure. We must protect clients info. from access by other. Requires a rel. Ethical & legal obligation to keep disclosure private.

Front 25

Privilege

Back 25

limited legal right of clients not to have their disclosures revealed in legal proceedings. Privilege belongs to the client and ony they have the option to wave it.
The client is the holder of the privilege. With tx of minors the holder of the privilege is the parent/legal guardian.

Front 26

mandatory exceptions to confidentiality

Back 26

1. child abuse, dependant abuse, elder abuse
2. duty to warn (terasoff)
3. evidence code 1024

Front 27

malpractice

Back 27

sexual rel. w/ client before 2 years after term., exploitation, dual rel., false & misleading advertising, failure to discuss limits of conf., failing to protect clients records

Front 28

jablonski decision

Back 28

negligent failure to commit. to a mental institution. This case illustrates the duty to commit a dangerous individual, and that the intended victim's knowledge of a threat does not relieve the therapists duty to protect.

Front 29

child abuse report

Back 29

Phone immediately or asap, written report must be made within 36 hrs of notice of the abuse