Jurisprudence Study Flashcards
What groups are considered vulnerable by the state of MA?
1) Elders
2) Disabled Persons
3) Children
Define elders + chapter
Chapter 19A
Age 60 and older
Define disabled persons + chapter
Chapter 19C
Ages 18 and 59
People with mental, physical disabilities, MR, someone who is wholly or partially dependent on others to meet daily needs
Define children + chapter
Chapter 119
Under age 18
Define elder abuse. What is unique and reportable about elder abuse?
any ACT or OMISSION that results in: physical, emotional and financial abuse, neglect, or death by abuse
- financial exploitation applies to elderly but not other groupings
- elderly people who have religious practices, like Christian Science or Jehovahs witness, and don’t want to get certain medical care for example - is not considered abuse - but this IS reportable with kids and disabled
- self-neglect is also reportable for elderly people
- they can NOT assert privilege/ask that you not report
What are the procedures for mandated reporting? Can you be liable for making a report? what is the fine?
Need to immediately make a verbal report and within 48 hours make a written report
for elders: to DEA (department of elderly affairs)
for disabled: to DPPC (disabled persons protection commission)
for children: to DSS (department of social services)
*you can’t be liable for making a report if the report is made in good faith and did not perpetrate abuse
fine is $1000 for failing to make verbal/written reports
the threshold: reasonable cause to believe
how can court step in if someone is being abused and deemed to lack capacity for consent?
if not an emergency, a 14 day hearing can take place
if an emergency, must give 24 hours notice that there will be a hearing
Define disabled person abuse. What is unique and reportable about disabled person abuse?
any ACT or OMISSION that results in: physical, emotional abuse (including unconsented sexual activity), death by abuse
*unlike with kids and elderly, a disabled person can request that you not make a report; ie they CAN assert privilege
when do you need to report things to the DA for each vulnerable population?
death by abuse for all categories must ALSO be reported immediately and in writing to the DA/medical examiner in the county where the death occurred.
the following must also be reported to the DA:
elder: serious abuse
child: sexual assault, sexual exploitation, substantial physical abuse
Define child abuse. What is unique and reportable about child abuse?
reasonable cause to believe:
Physical or emotional injury which causes harm or substantial risk of harm (including sexual abuse)
Neglect (including malnutrition)
Physical dependency to addictive drug at birth
- there are no exceptions for religious rights for kids
- kids cannot assert privilege/ask not to report
what is CHINS?
child in need of services
runaway, stubborn child, truant child, habitual school offender
what is a runaway?
type of CHINS
runaway: Child below the age of 17 who persistently runs away from home
what is a stubborn child?
type of CHINS
stubborn child: persistently refuses to obey the lawful and reasonable commands of his parents/legal guardian, thereby resulting in said parent’s or guardian’s inability to adequately care for and protect said child.
what is a truant child?
type of CHINS
truant: Child between 6 and 16 who persistently and willfully fails to attend school
* kids over 16 y/o do not have to attend school in MA
what is a habitual school offender?
type of CHINS
habitual school offender: persistently violates the lawful and reasonable regulations of his school (habitual school offender).
what are grandparents’ rights?
Grandparents retain visitation rights when:
• Child is in family foster care, unless this is not in the child’s best interests
• Parents divorce
• Parents are married but living apart
• Either/both parents are deceased
• Child is born out of wedlock and parents don’t live together
Do not visitation rights when child has been adopted by anyone other than a stepparent.
The biological father has to undergo a paternity test or sign a statement of paternity for paternal grandparents to have visitation rights.
Court may impose restrictions on grandparents (e.g., not revealing the child’s whereabouts).
what is 51A?
child abuse report
*it is ok to have a designated person to make reports, like in a school system; document that you gave the information to that person
what is a youthful offender?
(age 14-17)
Definition: Person who is subject to an adult or juvenile sentence for having committed, while age 14-17, an offense against the law, which if he/she were an adult, would be punishable by imprisonment in the state prison, and fits into any of these three categories:
a. Have previously been committed to DYS
b. Have committed an offense which involves the “infliction or threat of serious bodily harm”
c. Have been charged with a firearm offense
what is a delinquent child?
(age 7-17)
Definition: Child who violates any city ordinance or town by-law or who breaks a state law
If child is adjudged a delinquent child, then the court may:
• Place the case on file
• Place the child in the care of a probation officer
• Commit him to the custody of DYS
Duration of Probationary Period or Commitment: Until age 18 (or 19 if complaint made after 18th birthday)
what are the guidelines around reporting sexual abuse? who do you report it to?
calling DSS isn’t enough. you have to call the DA. Sexual Abuse Network Evaluation (SANE team), which resides in the DA office. coordinated effort that prevents multiple interviews with the kid
licensed psychologists application requirements
a) are of good moral character
b) have received a doctoral degree in psychology from a recognized educational institution
c) have engaged in at least 2 years full time, one of which is after the doctoral degree (fellowship), in psychological employment, teaching, research or professional practice under the supervision or in collaboration with a licensed psychologist, or one clearly eligible for licensure in the opinion of the board
d) conduct professional activities in accordance with the APA’s Ethical Standards
Total Number of Hours: 3200 (1600 internship, 1600 post-doc)
Each 1600 hour experience must be at least 10 months, not more than 36
Supervision: 1 hour: 16 hours worked (minimum = 200 hours, only 100 of those can be predoctoral)
how long is your license valid? how to renew it?
2 years. every two years, you must get 20 hours of continuing education– the program must be approved by APA or other accreditation program approved by the board; up to 10 of your credits can be publications
you are responsible for noting the expiration date on your license and applying for renewal and paying your fees, or notifying them if you move
what is the health service provider?
health service provider: designation for providing clinical care and deliver clinical services; 3200 hours in 60 months (25% face-to-face client contact = 800 hours)
when can you call yourself a psychologist?
You cannot call yourself a “psychologist” if you are not licensed, unless you are:
• Eligible for licensure and provide consultative services for no more than 1 day/mo
• A trainee, so long as you use a title that clearly designates training status
Max Punishment: $500 or 3 months in jail
how to become licensed in MA from another state?
To get MA licensure, you must:
• Have a license or be certified as a psychologist in another state whose licensure requirements are “the substantial equivalent” of MA requirements
• Have met the educational requirements, or be an ABPP diplomate, or have held a license in another state for 5 years and hold a Certificate of Professional Qualification (CPQ)
• Have met the educational requirements, have held a license in another state for 5 years, and be listed in the National Register of Health Service Providers in Psychology
• Pass the MA jurisprudence exam
What is privileged communication?
Patient has the privilege of refusing to disclose, and of preventing a witness from disclosing, any communication, wherever made, between said patient and a psychotherapist relative to the diagnosis or treatment of the patient’s mental or emotional condition.
What happens if the patient is incompetent to exercise or waive such privilege?
a guardian shall be appointed to act in his behalf, or a previous authorized guardian shall be authorized to act.
What are the exceptions to privileged communication?
*if they pose a threat to themselves or others
• patient is in need of treatment in a hospital for mental/emotional illness or there is threat of immensely dangerous activity bt the patient against himself or another person
- if after discussing limits of confidentiality, info can be used on mental or emotional conditions, not admission of guilt
- any proceeding in which patient introduces mental condition as claim of defense (except child custody or adoption)
- Therapist performs a court-ordered psychiatric examination after the patient was informed that the communications would not be privileged. Only information related to mental or emotional condition is admissible (not confessions or admissions of guilt).
- In any proceeding, except one involving child custody, adoption or adoption consent, in which the patient introduces his mental or emotional condition as an element of his claim or defense, and the judge finds that justice is more important than privilege.
- In any proceeding after the death of the patient in which his mental or emotional condition is introduced by any party as an element of the claim or defense and the judge finds that justice is more important than privilege.
- In child custody, adoption, or dispensing with the need for consent to adoption, in which the judge determines that the psychotherapist has evidence bearing significantly on the patient’s ability to provide suitable care or custody, and that the welfare of the child is more important than privilege.
- In any proceeding brought by a patient against the psychotherapist, and in any malpractice, criminal or license revocation proceeding, in which disclosure is necessary or relevant to the defense of the psychotherapist.
who has privilege?
*your clients have the privilege. you cannot be forced to testify without your clients permission in most cases about things that were disclosed in psychotherapy; but if they sign a waiver and want you to, then you will
Is releasing benefit-related info to an insurance company a breach of privilege?
no
when do you have to tell patients about limits to confidentiality?
as early as reasonably possible, at beginning of professional relationship/by end of first session. if not, you have to document why and tell them as soon as possible thereafter
what is the policy around confidential communications?
All communications are confidential in perpetuity. Neither you nor anybody working under your supervision can disclose fact, circumstances, findings or records of services, except
- under the provisions of Chapter 112, Section 129B?
- with the written consent of the patient
- when disclosure of information will protect the rights of others:
under what circumstances would the disclosure of information protect the rights of others?
- The patient presents a clear and present danger to himself
- The patient has told the psychologist that he intends to kill or inflict serious bodily harm upon a reasonably identified person and has intent and ability to carry out the threat.
- The patient has a history of physical violence known to the psychologist and the psychologist has reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury upon a reasonably identified person.
what do you do if the patient presents a clear and present danger to himself?
- Seek involuntary hospital commitment
* Contact member’s of the patient’s family or other individuals who may assist in protecting the patient’s safety
what do you do if the patient has told the psychologist that he intends to kill or inflict serious bodily harm upon a reasonably identified person and has intent and ability to carry out the threat?
the psychologist must take reasonable precautions (do at least one of the following):
• Communicate the threat of death or serious bodily injury to the person
• Notify appropriate law enforcement in the vicinity of the patient or potential victim (ONLY tell them about the threat, not unnecessary info)
• Arrange for voluntary hospitalization
• Initiate proceedings for involuntary hospitalization
*do it all, document whatever efforts you made
what do you do if the patient has a history of physical violence known to the psychologist and the psychologist has reasonable basis to believe that there is a clear and present danger that the patient will attempt to kill or inflict serious bodily injury upon a reasonably identified person.
the psychologist must take reasonable precautions (do at least one of the following):
• Communicate the threat of death or serious bodily injury to the person
• Notify appropriate law enforcement in the vicinity of the patient or potential victim
• Arrange for voluntary hospitalization
• Initiate proceedings for involuntary hospitalization
what information can you disclose?
- You can only disclose information that is essential to protect the rights and safety of others.
what do you do if a client begins to tell you information that will require you to break confidentiality?
you must tell them immediately.
what are the rules about consultation?
You can disclose information to another psychologist for professional consultation designed to enhance services to the client, but do not disclose the client’s name or identifying demographic information.
what info can you disclose if you need to collect money in small claims court?
• To collect fees that is due, you can only disclose the nature of the provided services, the dates of services, and the amount due
