Legal & Ethical Responsibilities Flashcards
Terms to know
Abuse
The infliction by other than accidental means of physical harm upon a body of a child, continued psychological damage, or denial of emotional needs
Civil liability
The condition of being available, subject, exposed, or open to legal proceedings connected with the private rights of individuals
Confidentiality
A situation in which one has ben entrusted with the secrets or private affairs of another
Criminal Liability
The condition of being subject, exposed, or open to legal proceedings for which punishment is prescribed by law
Defamation
An act that injures someone’s reputation without foundation
Duty to warn/protect
When a professional has a special relationship with a client and that individual’s conduct needs to be controlled, the professional has a duty to act in a manner that protects the client and/or warns foreseeable victims of the client’s actions
Ethical Standards
The rules of practice set forth by a profession. Such standards tend to be general and idealistic, seldom answering specific questions for the practitioner
Laws
The standards of behavior a society demands of its members. Laws set forth the rights of citizens and usually define minimal acceptable behavior rather than idealized expectations.
Libel
Words written, printed, or published, in any form other than speech or gestures, that maliciously or damagingly misrepresent
Malpractice
Improper treatment or action of a client by a professional from neglect, reprehensible ignorance, or with criminal intent
Mandated Reporter
Those required by law (I.e. teachers, counselors, and school administrators) to report suspected child abuse immediately. Suspicions are sufficient grounds. Investigation is the domain of others.
Neglect
The failure to provide necessary food, care, clothing, shelter, supervision, or medical attention for a child
Negligence
The failure to exercise the degree of care that the law requires, under the circumstances, for the protection of the interests of other persons who may be injuriously affe ted by the lack of such care
Privileged communication
If an interaction is designated as privileged communication under the law, a judge may not force the professional involved to disclose what was said by a client in an interview
Reasonableness and good faith
Criteria used by the courts to judge the conduct of professionals. Was the conduct what a reasonably prudent adult might do under similar circumstances, and was the action clearly for the benefit of the child and the employing entity?