Glossary of law and ethics
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- What are the exceptions to confidentiality *
- call PET is someone is suicidal. danger to self is an exception to confidentiality.
- Do you have to report if an emancipated minor is abused?
- Yes, you report just as if they were not emancipated.
- Willfully causing or permitting a child to suffer unjustifiable physhical pain or mental suffering applies to... *
- Any minor. If they are attacked or tormented by another person it is reportable.
- Informed consent
- 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.
- consent for minors-general rule
- 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.
- consent for minors-joint custody
- 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.
- legal guardian-consent for minor
- can give consent. they are appionted by the court
- authorized care giver-consent for minor
- 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.
- legal adopted parent-consent for minors
- can consent, but not a step parent unless they've adopted them or are a qualified legal guardian.
- child can consent to tx under certain circumstances
- 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
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.
- Parent involvement and fees for minor
- parents are not liable for fees if the child consents unless the parent participates.
- 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?
- 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
- what is priviledge and who can claim it?
- 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
- Terasoff and your duty as a therapist
- 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.
- danger to property of others is...
- child abuse
- 1. physical
standard is reasonable suspicision
- willfull cruelty or unjustifiable punishment is abuse
unjustifiable-weigh what was done against the punishment-use your clinical judgement.
open hand on the bottom, age approp., no marks is not abuse.
- unlawful corporal punishment or injury
- act is willfull. Inflicting either cruel, inhuman, or corporal punishment resulting in a traumatic condition. Ex. eating food out of a dog dish.
- cruel corporal punishment
- look at the intentions of the parent and the act of the child
- if their over 18 it is a crime, but it's not a mandatory report
- sex between minors and exception
- 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.
- evidence code 1024
- 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.
- reportable sexual acts:
- 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.
- 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.
- 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.
- mandatory exceptions to confidentiality
- 1. child abuse, dependant abuse, elder abuse
2. duty to warn (terasoff)
3. evidence code 1024
- 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
- jablonski decision
- 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.
- child abuse report
- Phone immediately or asap, written report must be made within 36 hrs of notice of the abuse
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