Oklahoma Jurisprudence Exam (Psychology)

Front 1

Oklahoma Law: Do records/information relating to a minor child have to be provided to the non-custodial parent?

Back 1

Yes, upon request. Right can be limited/denied by a court if deemed necessary and in the best interest of the child. Title 10. Chapter 1. Section 5.2

Front 2

Oklahoma Law: Which Act governs child abuse and neglect reporting?

Back 2

The Oklahoma Child Abuse Reporting and Prevention Act.

Front 3

Oklahoma Law: The Oklahoma Child Abuse Reporting and Prevention Act definition of "abuse"

Back 3

Harm or threatened harm to a child's health, safety or welfare by a person responsible for a child's health, safety or welfare, including sexual abuse and sexual exploitation.

Front 4

Oklahoma Law: The Oklahoma Child Abuse Reporting and Prevention Act "harm" or "threatened harm" includes but is not limited to:

Back 4

Non-accidental physical or mental injury, sexual abuse or exploitation, neglect, failure or omission to provide protection from harm or threated harm or abandonment.

Front 5

Oklahoma Law: The Oklahoma Child Abuse Reporting and Prevention Act definition of "neglect"

Back 5

Abandonment, or failure or omission to provide adequate food, clothing shelter, medical care, or supervision, or special care made necessary by the physical or mental condition of the child.

Front 6

Oklahoma Law: If a person under 18 has committed a felony and certified as an adult, does the The Oklahoma Child Abuse Reporting and Prevention Act apply?

Back 6

No.

Front 7

Oklahoma Law: How do DHS assessments vs. investigations differ?

Back 7

Assessments are for reports that don't constitute a serious or immediate threat. DHS reviews child's safety and determines need for services. An investigation is the response to reports that do constitute a serious and immediate threat. DHS evaluates child's safety, determines whether abuse/neglect occurred, and determines need for prevention or intervention services.

Front 8

Oklahoma Law: If you have reason to believe that a child under 18 is being abused, you should:

Back 8

Report matter promptly to the Department of Human Services by phone, in person, or in writing. No privilege can prevent this duty.

Front 9

Oklahoma Law: Does the law provide protection from retaliation for making good faith abuse/neglect reports?

Back 9

Yes. However, those made in bad faith result in misdemeanor charges and those made in bad faith during a custody hearing can incur fines up to $5K + atty fees.

Front 10

Oklahoma Law: What information should a DHS report include?

Back 10

Child's and parents' names and addresses, child's age, nature and extent of the abuse/neglect, including previous injuries, if the child has tested positive for substances, additional pertinent information.

Front 11

Oklahoma Law: Who should you notify in the event of seeing/treating criminally inflicted injuries, including child physical/sexual abuse?

Back 11

The local law enforcement.

Front 12

Oklahoma Law: Do psychologists, physicians, etc. have immunity from civil/criminal liability after having made good faith reports regarding abuse and neglect?

Back 12

Yes.

Front 13

Oklahoma Law: "Confirmed Report - Court Intervention" is a DHS report that means:

Back 13

A report which is determined by a child protective services worker after an investigation and based upon some credible evidence, to constitute abuse or neglect to the extent that the child's safety, health, or welfare are threatened.

Front 14

Oklahoma Law: "Services Recommended" is a DHS determination that means:

Back 14

Abuse claims aren't founded, but the family could benefit from prevention/intervention services.

Front 15

Oklahoma Law: "Confirmed report - Services Recommended" is a DHS determination that means:

Back 15

Report is founded and services are recommended, but no court intervention is necessary at that time.

Front 16

Oklahoma Law: Subpoenas must give you at least how much notice to produce documents or appear?

Back 16

Seven.

Front 17

Oklahoma Law: Do you need to appear if you are served a subpoena for documents?

Back 17

No.

Front 18

Oklahoma Law: What is the procedure for objecting to a subpoena on the grounds of privilege?

Back 18

Within two weeks of receipt, serve an objection to all parties expressly stating objection due to privilege. May still be compelled by a court order to produce the documents.

Front 19

Oklahoma Law: What is the penalty for failure to respond to a subpoena?

Back 19

Contempt of court!

Front 20

Oklahoma Law: Difference between confidential communication and privilege?

Back 20

Confidential communication is any communication not intended to be disclosed to a third party (excepting ppl involved in tx/billing, etc.). Privilege is a legal right of the a client to refuse and prevent disclosure of certain information. Psychologists can claim the privilege but only on behalf of the client. (It's NOT the psychologist's privilege.)

Front 21

Oklahoma Law: Exceptions to privilege?

Back 21

Hospitalization, court ordered examinations, court proceedings when psychological condition is part of the defense, when the client is an inmate, to lessen/prevent serious and imminent harm, to help apprehension of a suspect by law enforcement

Front 22

Oklahoma Law: Insurance coverage to see a psychologist must make sure that:

Back 22

* Individual is licensed.
* The insured may pick their own therapist provided they meet the other provisions of the policy.
* Any insurance that provides mental health benefits but denies the insured the right to see a licensed psychologist (I'm thinking cost) is void.

Front 23

Oklahoma Law: Mental Health Law of 1986 definition for mental illness?

Back 23

Substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life.

Front 24

Oklahoma Law: "Person requiring treatment" under the 1986 Mental health Law is and is not:

Back 24

A person who b/c of mental illness or drugs/alcohol represents a risk of harm to self or others. NOT: a person whose mental processes have been weakened or impaired by reason of advance years (senile), MR or dev. disabled, person with seizure disorder, person with traumatic brain injury.

Front 25

Oklahoma Law: For legal purposes an in-patient tx plan must include:

Back 25

* A statement of tx goals based on eval which can reasonably be expected to be achieved in a timely manner
* tx methods/procedures related to each goal and specific prognosis for each
* Identification of the professional personnel who will carry out the procedures
* Documentation of involvement of the client and approval in necessary.
* Statement by the Exec Dir of the Facility that a reasonable effort to meet the treatment goals in the Least Restrictive Environment closest to the client's home community has been made.

Front 26

Oklahoma Law: Mental Health Law of 1986 Risk of Harm definition?

Back 26

Substantial risk of immediate physical harm to self or others as evidenced by serious threats or suicide attempts or other significant self-inflicted bodily harm; having placed another person at risk of harm; there exists a substantial risk that w/o immediate intervention severe impairment or injury will result; substantial risk due to the person's inability to provide for their basic needs. NOT homeless!

Front 27

Oklahoma Law: What information is a client not entitled to receive regarding their own treatment?

Back 27

Psychotherapy notes, information compiled for court actions, information otherwise prohibited by law, information obtained during research (provided they signed a waiver of temporary access), information the psychologist believes may reasonably endanger another person (same for an inmate), information provided by another on condition of anonymity if the info could blow the source's cover.

Front 28

Oklahoma Law: A valid written release of information requires which elements?

Back 28

* Name of person/program permitted to disclose
* Name of person receiving disclosure
* Name of client
* Purpose
* Description of info
* Dated signature of consumer/provider or both
* Statement of right to revoke release and how
* Expiration date
* If not signed by subject of the disclosure, signature of representative (e.g. parent)

Front 29

Oklahoma Law: A release is not valid if...

Back 29

* It is expired.
* One of the essential elements is incomplete or missing
* It has been revoked
* It contains any false material

Front 30

Oklahoma Law: Disclosures regarding a deceased person require approval by whom?

Back 30

Responsible family member (over 18, includes spouse), someone appointed by court, legal guardian/representative

Front 31

Oklahoma Law: Drug and alcohol treatment materials must be marked...

Back 31

Confidential. Can only be seen/used by those involved in treatment.

Front 32

Oklahoma Law: Drug and alcohol treatment providers are prohibited from testifying to any information related to drug possession or dependency?

Back 32

True.

Front 33

Oklahoma Law: Medical records compiled during the tx of a drug-dependent person will be accepted into evidence or used in court proceedings.

Back 33

False.

Front 34

Oklahoma Law: For legal purposes a mental health evaluation pursuant to involuntary hospitalization must be conducted by whom?

Back 34

Must be conducted by two licensed professionals, one of which is a psychiatrist, ABPP diplomat, a licensed psychologist, or MD/DO trained in mental health diagnosis

Front 35

Oklahoma Law: In terms of involuntary hospitalization an emergency detention is?

Back 35

Detention of a person who appears to require tx in an approved facility after an emergency exam. Not to exceed 72 hours excluding weekends, holidays, or given a court order requiring a lengthier stay.

Front 36

Oklahoma Law: In terms of involuntary hospitalization protective custody is?

Back 36

Taking a person into custody pending an emergency examination and before a determination of emergency detention is made.

Front 37

Oklahoma Law: In terms of involuntary hospitalization an initial assessment is?

Back 37

The examination of a person who appears to be mentally ill, alcohol or drug dependent, and requiring treatment when an emergency detention is likely warranted.

Front 38

Oklahoma Law: Involuntary hospitalization protocol, provided client has refused/withdrawn consent:

Back 38

1) Complaint
2) Protective Custody - brief exam - if necessary, emergency detention
2) Emergency Detention
3) Initial Assessment/Emergency Mental Health Eval
4) Report and further filings if necessary for involuntary hospitalization (D.A. files)
(but in all likelihood they'll be released in 72 hours as we all know...)
* Must be released when no longer in need of tx.

Front 39

Oklahoma Law: In terms of involuntary hospitalization a pre-hearing detention is?

Back 39

A court ordered detention of a person alleged to be mentally ill, alcohol or drug dependent pending a hearing on a petition requesting involuntary commitment for tx.

Front 40

Oklahoma Law: In-patient tx must be the Least Restrictive Environment (LRE) and to determine this:

Back 40

* Reasonable efforts made to provide alternatives but those failed to meet the client's needs
* Less restrictive environments have been tried and/or are unlikely to be successful.

Front 41

Oklahoma Law: Rights of "person requiring tx":

Back 41

* counsel/court-apptd atty
* private, closed hearing
* jury trial upon request
* if client is excluded from trial, reasonable alternatives have been sought
* right to present, cross-examine, and serve as a witness
* All other state/federal rights

Front 42

Oklahoma Law: Involuntary hospitalization hearings protocol:

Back 42

* Upon receipt of a petition, the court sets a time/date and appts an atty. Requests evaluation of the client if not already done.
* If the person requests a jury trial, appt jury
* court determines if person needs tx
* If found to need tx - LRE consistent with needs of client and safety needs of client/others
* If referred for hospitalization, turned over to Dept of Mental Health and Substance Abuse Services
* Try to give choice of 2 hospitals
* Discharge when no longer needing tx

Front 43

Oklahoma Law: If someone is being involuntarily hospitalized do they have a right to be consulted?

Back 43

Yes.

Front 44

Oklahoma Law: If someone is being involuntarily hospitalized do they have a right to refuse medication?

Back 44

Yes.

Front 45

Oklahoma Law: Pre-commitment exams must include:

Back 45

* physical
* mental evaluation
* social history
* study of individual and family's community situation
* List of available forms of care (alternatives)
* Recommendations re. LRE

Front 46

Oklahoma Law: Some alternatives to hospitalization include:

Back 46

* outpatient care
* extended/residential care
* nursing home
* shelter
* group home/foster
* home care

Front 47

Oklahoma Law: Pre-commitment screening exams protocol:

Back 47

* Provide person with a copy of the court order requiring an exam and a written statement explaining what the exam will cover.
* Provide a culturally appropriate informed consent
* Provide copies of all reports/findings to court, their atty, and them.

Front 48

Oklahoma Law: Intent of the Mental Health & Substance Abuse Treatment of Minors Act?

Back 48

To protect/strengthen family of minor; provide outpatient tx if at all possible; inpatient only to protect health/safety; require least restrictive environment standard

Front 49

Oklahoma Law: Mental Health & Substance Abuse Treatment of Minors Act definition of "parent/guardian":

Back 49

Biological or adoptive parent who has legal custody of a minor or visitation rights, or a person judicially appointed as a legal guardian or a relative in the third degree who exercises rights and responsibilities of legal custody.

Front 50

Oklahoma Law: Mental Health & Substance Abuse Treatment of Minors Act definition of "ward":

Back 50

A minor adjudicated to be a deprived child, in need of supervision, or a delinquent.

Front 51

Oklahoma Law: Hospitalizing a minor protocol:

Back 51

Parent or minor 16+ presents for tx; facility decides if warranted (eval on site or review of outpt eval); hospitalization proceeds if parents consent, inpatient is LRE, and client is likely to benefit. Alternatives must have been tried or found unworkable. Minor must be provided rationale of tx. Consenting parent has the right to discuss findings. Results of assmt added to medical record.

Front 52

Oklahoma Law: Is written permission from a medical professional required for inpatient treatment of a minor?

Back 52

Yes.

Front 53

Oklahoma Law: Parents can revoke consent of inpatient tx of a minor. What happens then?

Back 53

* Facility can request the DA to file a petition alleging the minor to be in need of tx
* If the DA doesn't, must be released w/in 48 hours.

Front 54

Oklahoma Law: Does hospitalization preclude a minor's delinquent status?

Back 54

No.

Front 55

Oklahoma Law: Does hospitalization waive parents' financial or instrumental support?

Back 55

No.

Front 56

Oklahoma Law: Can parents lose eligibility for state assistance if their child is inpatient?

Back 56

No.

Front 57

Oklahoma Law: How long can an initial detention of a minor last?

Back 57

Five days. Extensions require a petition by the DA.

Front 58

Oklahoma Law: After receiving an evaluation of a minor needing inpatient tx, the DA files a petition. What should it contain?

Back 58

* Entitled: "In the matter of _____, a minor alleged to be in need of inpatient mental health or substance abuse tx."
* Should describe minor's propensity to inflict serious bodily harm to self/others (condition of admission)
* Must specifically state facts and include name, name of parents, residence, age, who has custody, sort of relief requested
* Individualized tx plan should have been submitted 24 hrs before hearing.

Front 59

Oklahoma Law: Discharge plans should include:

Back 59

* Services required w/in the community for tx, education, housing, physical care, safety
* Identification of the agencies involved in tx
* Information about meds to be continued
* Follow up appt with outpt tx and med mgmt

Front 60

Oklahoma Law: Who has the right to use the word "Doctor"?

Back 60

Must be licensed as a health service psychologist in accordance with the OK Licensing Act.
$500 and up to 6 mos jail for each infraction (and each day can be counted as an infraction!).