Chapter 19 Legal and Ethical Issues

Question 1

American Psychological Association Ethics Code

APA

Answer 1

1. no sex with current clients
2. no sex with former clients until 2yrs after termination of therapy
3. no therapy with former sex partners
4. avoid “dual” relationships (personal or professional)

Question 2

Confidentiality must be breached when…

Answer 2

1. Child abuse
2. older or dependent adult abuse
3. prevent serious crime of violence
4. 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

Question 3

Child abuse includes…

Answer 3

physical abuse
emotional/verbal abuse
neglect
sexual abuse
>report made to CPS or local police

Question 4

Child sexual abuse

Answer 4

sexual assault
molestation
incest
sexual exposure
sexual exploitation
sexual grooming

Question 5

Report required for sexual abuse….

Answer 5

under 16 and over 21
under 14 and 16 or older
under 18 with adult in position of trust/authority

Question 6

Report NOT required for sexual abuse….

Answer 6

16 and 20

14 and 15

Question 7

Report is required if child abuse is…

Answer 7

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

Question 8

definition of elder adult

Answer 8

65 and older

Question 9

definition of dependent adult

Answer 9

mentally or physically disabled

Question 10

definition of elder/dependent adult abuse

Answer 10

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

Question 11

if client makes believable threat of serious bodily harm against an identifiable person…psychologist required to

Answer 11

1. call the police with info
2. make reasonable effort to warn intended victim
   * **duty to protect==must follow up on reports

Question 12

Civil Commitment

Answer 12

involuntary psychiatric hospitalization based on a person’s state of mental health (not based on criminal violation)

Question 13

5150

Answer 13

involuntarily hospitalized up to 72 hours

***person danger to self, others, gravely disabled

Question 14

5250

Answer 14

same as 5150 but now held for 14 days

Question 15

Patients’ Bill of Rights

Answer 15

1. right to least restrictive environment
2. right to treatment
3. right to refuse treatment
4. access to telephone, mail, visitors, privacy, TV

Question 16

Weapons Restriction Law

Answer 16

5150==5 year prohibition
5250==lifelong firearm prohibition
state law since January 2000

Question 17

Criminal Commitment

Answer 17

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

Question 18

aspects of criminal commitment

Answer 18

1. competency to stand trial

2. insanity defense

Question 19

Competency to stand trial

Answer 19

mental state at time of psychological evaluation (after arrest but before trial)

1. understands charges
2. understands legal process
3. able to use counsel in own defense
4. in contact with reality

Question 20

If defendant NOT competent to stand trial

Answer 20

1. commitment to secure psychiatric treatment facility
2. will stay there until mental state is stabilized
3. then undergoes court proceedings
4. may or may not plead “not guilty by reason of insanity” (NGRI)

Question 21

Insanity Defense

Answer 21

NGRI==very rare

Question 22

insanity

Answer 22

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

Question 23

NGRI stats

Answer 23

2/3 acquitted have schizophrenia
insanity used in less than 1% violent crimes going to trial
only 25% of NGRI cases succeed

Question 24

IF found NGRI…

Answer 24

secure psychiatric treatment facility