Chapter 19: Legal and Ethical Issues Flashcards
What does the APA’s ethics code include in regards to sex?
- No sex w/ current clients
- No sex w/ former clients until at least 2 years after termination of therapy
- No therapy w/ former sex partners
- In general, avoid “dual relationships” (personal or professional)
In what situations must confidentiality be breached?
- Child abuse
- Older or dependent adult abuse
- To prevent a serious crime of violence against an identifiable person
- Records are being subpoenaed by the courts
Define confidentiality. When & in what way is a client informed?
- Principle that certain professionals will not divulge the info they obtain from a client
- Client informed in writing of exceptions before starting therapy
What kind of child abuse merits the breach of confidentiality? Who is it reported to?
- Physical abuse
- Emotional, verbal abuse
- Neglect
- Sexual abuse
- Repots made to CPS or local police
What are the different forms of child sexual abuse?
- Sexual assault (rape)
- Molestation
- Incest
- Sexual exposure
- Sexual exploitation
- Sexual grooming
What age defines a child?
Under 18
What age defines an “elder adult”?
Age 65 and above
What defines a “dependent adult”?
Mentally or physically disabled
What are the forms of elder/dependent adult abuse?
- Physical abuse
- Sexual abuse
- Emotional, verbal abuse
- Neglect
- Isolation
- Abandonment
- Fiduciary (financial) abuse
What is the psychologist legally obligated to do when a client makes a believable threat of serious bodily harm against an identifiable person?
- Call the police w/ this info
- Make a reasonable effort to warn the intended victim
Define “Duty to Protect”? Aka?
- Therapists must break confidentiality in order to protect a person who may be the intended victim of a client
- Aka Tarasoff decision/ruling
Define commitment.
Involuntary confinement in a mental health treatment facility
What are the 2 kinds of commitment?
- Civil
- Criminal
Define civil commitment.
- Involuntary psychiatric hospitalization based on a person’s state of mental health
- Not based on a criminal violation
What does it say in sec. 5150 in the CA WIC?
If due to a mental disorder, there is danger to self or others or if a person is gravely disabled, this person may be placed on an up to 72 hr hold for evaluation and treatment in a mental health facility designated by the County
What does the Patients’ Bill of Rights include?
- Right to the least restrictive environment
- Right to treatment
- Right to refuse treatment
- Access to telephone, mail, visitors, privacy, TV
What does the Weapons Restriction Law state in concordance with section 5150? 5250?
- 5150 = 5 year firearm prohibition
- 5250 = lifelong firearm prohibition
Define criminal commitment.
Legal process by which people accused of a crime are instead judged to be mentally unstable and sent to a mental health facility for treatment
What are the 2 aspects of criminal commitment?
- Competency to stand trial
- Insanity defense
Define competency to stand trial.
Defendant’s mental state at the time of the psychological evaluation, after the arrest but before the trial
What does a competency evaluation determine about a defendant?
- Understands the charges
- Understands the legal process
- Is able to use counsel in own defense
- Is in contact w/ reality
What happens if a defendant is not found competent to stand trial?
- Commitment to a secure psychiatric treatment facility
- Will stay there until mental state is stabilized
- Will undergo court proceedings
- May or may not plead “Not Guilty by Reason of Insanity” at any time
What is insanity defense?
- Plea for “Not Guilty by Reason of Insanity”
- Refers to mental state at the time of the crime
What fraction of those acquitted for NGRI have schizophrenia?
2/3
Insanity defense is used in what percentage of violent crimes going on trial?
Less than 1%
Of those who plead NGRI, what percentage of them are actually found NGRI?
25%
What does it mean to be “guilty but mentally ill?
Defendants are guilty of committing a crime but are also suffering from a mental illness that should be treated during their imprisonment
