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CON 5321: Family > Chapter 6 - Ethical, Legal, and Professional Issues in Family Therapy > Flashcards

Chapter 6 - Ethical, Legal, and Professional Issues in Family Therapy Flashcards

1
Q

Ethics

A

A DISCIPLINE within philosophy CONCERNED WITH HUMAN CONDUCT

MORAL PRINCIPLES from which individuals and social groups determine rules for right conduct

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2
Q

Values

A

BELIEFS and preferences

the RANKING of an ordered set of choices from the most to the least preferable

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3
Q

Four domains of values (PFPU)

A
  • Personal
  • Family
  • Political/Social
  • Ultimate
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4
Q

7 Guidelines for Therapist Should Use to Make Ethical Decisions

A
  • Codes of Ethics
  • Educational Resources
  • Professional Consultation
  • Interactions with Colleagues and Supervisors
  • Family therapy supervision
  • Bug-in-the-ear Supervision
  • Metaethical Principles
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5
Q

5 Metaethical Principles (ANBFJ)

A

high-level STANDARDS that guide clinicians as they make their decisions

  • Autonomy
  • Nonmaleficence
  • Beneficence
  • Fidelity
  • Justice
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6
Q

Common Ethical Concerns

A
  • CONFIDENTIALITY
  • GENDER Issues
  • SEX Between Therapist and a Family Member
  • THEORETICAL Techniques
  • MULTICULTURAL Therapy Issues
  • Use of the INTERNET for Online Therapy
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7
Q

Addressing Unethical Behavior.

When ethical behaviors come to the family therapist’s attention

A
  1. Discuss violation directly with the professional in question
  2. not resolved @ step 1, report it to an
    appropriate professional association
  3. Inform appropriate licensure or certification boards
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8
Q

Law

A

BODY OF RULES recognized by a state or community as binding on its members

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9
Q

Liability

A

LEGAL TERM associated with the obligation & responsibility one person has to another

  • Civil liability
  • Criminal liability
  • Administrative liability
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10
Q

6 Types of Law

A
  • Common Law
  • Statutory Law
  • Administrative (Regulatory) Law
  • Case Law (Court Decisions)
  • Civil Law
  • Criminal Law
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11
Q

6 Issues of Law in Family Therapy

A
  • Malpractice
  • Records
  • Liability Insurance
  • Child abuse
  • Child Custody
  • Durable Powers of Attorney
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12
Q

How Managed Care Affects Family Therapists

Impacts the following:

A
  • Availability of practitioners
  • Length of treatment
  • Type of treatment received
  • Compensation received
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13
Q

Equitability

A

the proposition “that everyone is entitled to have his or her welfare interests considered in a way that is fair from a multilateral perspective”

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14
Q

Caring

A

MORAL development and PRINCIPLES are centered on the social CONTEXT of RELATIONSHIP and INTERDEPENDCY.

Gladding, Samuel T.. Family Therapy (p. 128). Pearson Education. Kindle Edition.

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15
Q

dual (multiple) relationships,

A

with complicated issues not built on mutuality and in which a therapist assumes a second role as a friend, business associate, and so on

Gladding, Samuel T.. Family Therapy (p. 130). Pearson Education. Kindle Edition.

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16
Q

Professional consultation

A

the use of experts in an area, such as family therapy ethics, to enhance therapists’ knowledge and abilities

Consultation can take many forms. For example, consultation can be internally or externally oriented, process or outcome-focused, and formal or informal.

Gladding, Samuel T.. Family Therapy (p. 130). Pearson Education. Kindle Edition.

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17
Q

Internal consultation

A

can take the form of talking with an expert where therapists work about an ethical matter concerning a family.

Gladding, Samuel T.. Family Therapy (p. 130). Pearson Education. Kindle Edition.

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18
Q

Outside consultation

A

involves conversation with a professional outside therapists’ agency or setting.

Gladding, Samuel T.. Family Therapy (p. 130). Pearson Education. Kindle Edition.

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19
Q

Process consultation

A

refers to conferring with an expert about the ethics of methods one is using with a family,

Gladding, Samuel T.. Family Therapy (p. 130). Pearson Education. Kindle Edition.

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20
Q

outcome-focused consultation

A

consultation is centered on the ethics of what therapists or families hope to accomplish.

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21
Q

Formal consultation

A

is input gained from an expert through an appointment or structured meeting,

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22
Q

informal consultation

A

may well take the form of talking with an expert informally at a professional therapy conference or engaging in some less structured way of interacting.

Gladding, Samuel T.. Family Therapy (p. 130). Pearson Education. Kindle Edition.

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23
Q

Autonomy

A

the right of individuals to make decisions and choices.

24
Q

Nonmaleficence

A

the avoidance of doing possible harm to a client through a therapist’s actions.

25
Q

Beneficence

A

doing good and promoting the welfare of the client

26
Q

Fidelity

A

being trustworthy and loyal and keeping promises.

27
Q

Justice

A

treating people equally.

28
Q

Scaling

A

is well known to most family therapists familiar with solution-focused therapy. The process involves taking a single element of a problem and scaling it against a particular ideal.

Scaling is reductionist and unemotional by design.

2: Likely to uphold this value in an exceptional manner. 1: Likely to meaningfully uphold this value.
0: Neutral in relation to this value, or has little related impact.
–1: Likely to run counter to this value in a minor way. X: Likely to run counter to this value in a significant way.

29
Q

Confidentiality

A

the ethical duty to FULFILL a CONTRACT to clients that the INFORMATION REVEALED during therapy will be PROTECTED from unauthorized disclosure”

In a 1996 U.S. Supreme Court decision (Jaffe v. Redmond), the Court held that a therapist could not be forced to testify about confidential communications in treatment settings

30
Q

professional self-disclosure statement.

A

This statement, which contains essential information about therapy and the mutual rights and responsibilities of all involved, is signed by the family and returned to the therapist. A copy is then given to all members of the family and retained by the therapist

31
Q

Privileged communication

A

“a client’s legal right, guaranteed by statute, that confidences originating in a therapeutic relationship will be safeguarded” (Arthur & Swanson, 1993, p. 7). Although both the client and therapist hold the privilege, only the client can waive it under normal circumstances (Filaccio, 2005). However, if it becomes clear during a session that, for example, a child or older adult in the family is being abused, the therapist has a legal and ethical obligation to report the abuse to an agency responsible for dealing with it, usually a department of social services

Gladding, Samuel T.. Family Therapy (p. 133). Pearson Education. Kindle Edition.

32
Q

Common law

A

is law derived from tradition and usage

notes that all law does not need to be derived from written sources.

For instance, there are common-law family matters, such as common-law marriages.

33
Q

statutory law

A

consists of laws passed by legislative bodies, such as state and national legislatures, and signed by an authorized source, such as a governor or the president. Statutory laws are valid only in the jurisdiction in which they are passed.

Gladding, Samuel T.. Family Therapy (p. 139). Pearson Education. Kindle Edition.

34
Q

Administrative (regulatory) law

A

consists of specialized regulations passed by authorized government agencies that pertain to certain specialty areas.

Gladding, Samuel T.. Family Therapy (p. 139). Pearson Education. Kindle Edition.

35
Q

case law

A

type of law decided by decisions of courts at all levels from state to federal. Cases are decided in regard to legal statutes, but many nuances enter the process. Even a minor change in the facts can change the decision of the court. Matters pertaining to child support, for example, may be decided by case law.

Gladding, Samuel T.. Family Therapy (p. 140). Pearson Education. Kindle Edition.

36
Q

Civil law

A

pertains to acts offensive to individuals

37
Q

criminal law

A

acts offensive to society in general.

38
Q

Minors

A

Persons YOUNGER than the age of 18 years, who ordinarily CANNOT enter into binding LEGAL CONTRACTS

39
Q

Mature minors

A

Persons 16-18 who have demonstrated the ABILITIES to MANAGE their AFFAIRS and to live INDEPENDENT of their parents or guardians.

40
Q

• Age of consent.

A

The age at or above which a person is considered to have the legal capacity to consent to sexual activity. In the United States this age is set by the states and is usually between ages 16 and 18 years; in Canada it is 16 years.

41
Q

• Emancipated minors.

A

Persons who are usually at least 16 years old and are considered adults for several purposes, including having the ability to enter into a contract, rent an
apartment, and consent to medical care. Emancipated minors include those who are selfsupporting and not living at home, married, pregnant or a parent, or in the military, or who have been declared emancipated by a court.

Gladding, Samuel T.. Family Therapy (p. 141). Pearson Education. Kindle Edition.

42
Q

Common-law marriages.

A

Sometimes called de facto marriages or informal marriages, these are arrangements by which couples are considered legally married without having undergone a ceremony or received a license. To have a valid common-law marriage, the couple must have lived together for a significant period of time (not defined in any state), hold themselves out as a married couple, and intend to be married. Common-law marriages receive the same legal treatment as other types of marriages, including the fact that the couple must go through a divorce to legally end the marriage.

43
Q

• Durable power of attorney.

A

An authorization to act on someone else’s behalf in a legal or business matter.

44
Q

Custody

A

a LEGAL term describing the RELATIONSHIP between a PARENT and a CHILD, including the parent’s duty to care for the child and make DECISIONS regarding the WELFARE of the child.

45
Q

Expert witness.

A

As an expert witness, a family therapist is asked to give testimony about probable causes and recommendations in regard to family members, such as juveniles who are acting out behaviorally. Because courts are adversarial, therapists must prepare themselves before their appearance. They must stay objective and establish their credibility by presenting their credentials and qualifications. They must speak from authoritative sources and be specific. This type of preparation can help them increase their confidence and competence.

46
Q

• Child custody evaluator.

A

As a child custody evaluator, a family therapist is asked to determine what is in the best interest of a child in custody arrangements. In these cases, “the child custody evaluator represents the children and the courts, not the parents” (StevensSmith & Hughes, 1993, p. 27). The evaluation of a child includes making home visits, testing, and having conversations with the child. It requires that the family therapists involved have a background and experience in child development, family systems, parenting skills, psychometrics, counseling, and witness testimony (Remley & Miranti, 1992).

47
Q

• Reporter of abuse. As a reporter of abuse, a family therapist must break confidentiality. In doing so, therapists follow the Child Abuse Prevention and Treatment Act of 1974, which mandates the reporting of such situations for the greater good of society. Abuse includes all forms of maltreatment, whether physical, sexual, or emotional. It is recommended that family therapists advise families when they are obligated to report abuse and explain to them the reporting process.

A

• Court-ordered witness. As a court-ordered witness, a family therapist must appear before a court to testify on behalf of or against a family or family member. Given a choice, most family therapists “would prefer to refuse to testify because they see problems as being systemic and no one is to blame” (Green & Hansen, 1989, p. 156). However, in cases in
which they are subpoenaed, family therapists can help themselves and the persons involved by preparing ahead of time. One way they may do this is by essentially doing nothing, even though they may be pressured by select clients or their attorneys to write a letter or make a declaration in favor of one party in the family (Leslie, 2004b). By doing nothing until they seek the advice of an attorney, therapists keep themselves out of possible penalty and perjury situations (Remley & Herlihy, 2016). Instead, through consultation with an attorney and by learning about trial procedures and role-playing possible situations, family therapists come to understand courts of law as they do other systems. Thus, they are able to function more effectively.

Gladding, Samuel T.. Family Therapy (p. 142). Pearson Education. Kindle Edition.

48
Q

malpractice,

A

which is defined as “the failure to fulfill the requisite standard of care” (Woody, 1988, p. 2). Malpractice can occur because of “omission (what should have been done, but was not done) or commission (doing something that should not have been done)”

Gladding, Samuel T.. Family Therapy (p. 142). Pearson Education. Kindle Edition.

49
Q

Records

A

may be thought of as remembrances. They are the written notes from sessions with couples and families and are important for treatment purposes and as a defense for therapists if they are accused of wrongdoing (Leslie, 2004b). Clinical notes should be carefully worded, kept accurately and professionally, and be housed separately from any required business transactions. Accuracy encompasses the sequential and cogent nature of what was written. In maintaining accuracy, therapists should “indicate any addendum to records and sign and date such additions. All changes to diagnoses or treatment plans must be made as separate entries” (Marine, 1995, p. 11).

Gladding, Samuel T.. Family Therapy (p. 142). Pearson Education. Kindle Edition.

50
Q

Managed mental health care (MMHC)

A

is a branch of managed health care that focuses on mental health services, such as family therapy. In MMHC, limits are placed “on the amount and type of services, by monitoring services intensely, and by changing the nature of services”

Gladding, Samuel T.. Family Therapy (p. 144). Pearson Education. Kindle Edition.

51
Q

utilization review (UR)

A

a common component of MMHC, entails the practitioner submitting a WRITTEN JUSTIFICATION for treatment along with a comprehensive treatment plan.

The justification and plan are REVIEWED by a utilization reviewer, who, if the plan is approved, typically allocates a SPECIFIC number of sessions

further sessions are subject to reapplication and approval by the reviewer. Only under these conditions can claims be reimbursed.

52
Q

capitated contract

A

emerging managed care method of cutting costs

PROVIDERS agrees to provide treatment for a population for a PER PERSON FEE PER YEAR.

In essence, providers become their own case managers

53
Q

Favorite theoretical approaches used by therapists

A

cognitive-behavioral (33%)

MultiSystemic/Systems (10%)

Psychodynamic (6%),

Bowen Family Systems (5%), and

SolutionFocused (5%)”

Gladding, Samuel T.. Family Therapy (p. 145). Pearson Education. Kindle Edition.

54
Q

most common presenting problems reported by marriage and family therapists were

A

“1) mood disorders,

2) couple relationship problems,
3) family relationship problems,
4) anxiety disorders and
5) adjustment disorders” (Northey, 2004a, p. 16).

55
Q

The FIVE major family therapy associations

A
  1. The American Association for Marriage and Family Therapy(AAMFT)
  2. The American Family Therapy Academy (AFTA)
  3. National Council on Family Relations (NCFR)
  4. Division 43 (Family Psychology)
  5. International Association of Marriage and Family Counselors (IAMFC)

Gladding, Samuel T. Family Therapy (p. 145). Pearson Education. Kindle Edition.

CON 5321: Family (15 decks)

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