Chapter 19 Legal and Ethical Issues Flashcards
American Psychological Association Ethics Code
APA
- no sex with current clients
- no sex with former clients until 2yrs after termination of therapy
- no therapy with former sex partners
- avoid “dual” relationships (personal or professional)
Confidentiality must be breached when…
- Child abuse
- older or dependent adult abuse
- prevent serious crime of violence
- records are being subpoenaed by the court
>client informed in writing before therapy
>may disclose relevant info in emergency to protect client from self-harm
Child abuse includes…
physical abuse emotional/verbal abuse neglect sexual abuse >report made to CPS or local police
Child sexual abuse
sexual assault molestation incest sexual exposure sexual exploitation sexual grooming
Report required for sexual abuse….
under 16 and over 21
under 14 and 16 or older
under 18 with adult in position of trust/authority
Report NOT required for sexual abuse….
16 and 20
14 and 15
Report is required if child abuse is…
WITNESSED, REPORTED, SUSPECTED
>18 states==currently abused
>18 states==abused in past
>adult client admits to having abused a child
>any client mentioning somebody else abusing child
>psychologist observes ongoing abuse or sees marks that indicate abuse
>reasonable suspicion of child abuse occurring
>no report required if adult client reports abuse as child unless former abuser likely to still be abusing
definition of elder adult
65 and older
definition of dependent adult
mentally or physically disabled
definition of elder/dependent adult abuse
physical abuse sexual abuse emotional and verbal abuse neglect isolation abandonment fiduciary (financial) abuse ****report made if abuse WITNESSED, REPORTED, SUSPECTED to Adult Protective Services
if client makes believable threat of serious bodily harm against an identifiable person…psychologist required to
- call the police with info
- make reasonable effort to warn intended victim
* **duty to protect==must follow up on reports
Civil Commitment
involuntary psychiatric hospitalization based on a person’s state of mental health (not based on criminal violation)
5150
involuntarily hospitalized up to 72 hours
***person danger to self, others, gravely disabled
5250
same as 5150 but now held for 14 days
Patients’ Bill of Rights
- right to least restrictive environment
- right to treatment
- right to refuse treatment
- access to telephone, mail, visitors, privacy, TV
Weapons Restriction Law
5150==5 year prohibition
5250==lifelong firearm prohibition
state law since January 2000
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
aspects of criminal commitment
- competency to stand trial
2. insanity defense
Competency to stand trial
mental state at time of psychological evaluation (after arrest but before trial)
- understands charges
- understands legal process
- able to use counsel in own defense
- in contact with reality
If defendant NOT competent to stand trial
- commitment to secure psychiatric treatment facility
- will stay there until mental state is stabilized
- then undergoes court proceedings
- may or may not plead “not guilty by reason of insanity” (NGRI)
Insanity Defense
NGRI==very rare
insanity
legal term
>mental state at time of crime
-“knowing right from wrong at time of crime”
-acting under influence of voices, paranoid delusions, etc
-may be mentally ill….still guilty
-may not be mentally ill…NGRI
NGRI stats
2/3 acquitted have schizophrenia
insanity used in less than 1% violent crimes going to trial
only 25% of NGRI cases succeed
IF found NGRI…
secure psychiatric treatment facility
