Legal Information Flashcards
Who can provide consent when the parents are married or share joint legal custody?
Either parent
Who can consent when one of the parents has sole custody?
Only the designated parent with sole custody
What are other examples of people who could consent to a minor’s psychological treatment?
legal guardians, adoptive parents, wards and dependents of the court (consent may come from a lawyer, legal guardian, biological parent, or court order), and caregivers with a caregiver’s affidavit.
When can a minor consent to their own treatment?
Must be 12 and older and demonstrate that they are mature enough to participate intelligently.
There must be a valid clinical reason or safety risk if the parents know the child is in therapy. Treatment can only be outpatient. Child must pay fees.
What documentation is needed when working with minors who have consented to their own treatment?
Must document attempts to contact parents or document a
reason why parents are not being involved. The decision not
to involve them is left up to client and provider discretion
- Who holds privilege when a minor’s records are subpoenaed for juvenile court?
In a juvenile court dependency proceeding, a minor can waive his or her own Privilege if the court finds the minor to be of “sufficient age and maturity” to do so.
- Who holds privilege when a minor’s records are subpoenaed for family court or visitation proceedings?
In a family court custody or visitation proceeding, the court has the power to appoint minor’s counsel to represent the child. If no counsel has been appointed judges will allow parents to waive privilege on behalf of their minor children when there are no conflicts between the children and their parents. Still other judges will allow minors themselves, especially if the minor is over twelve years old.
- Who holds privilege when a minor’s records are subpoenaed in a civil lawsuit?
litigation involving them must be conducted through a guardian or a guardian ad litem (can be the parent)
When do mandated reporter obligations kick in?
When, in your professional capacity, you have knowledge or a reasonable suspicion
of child abuse
What must you do if you have reasonable suspicion of child abuse?
a clinician must report by phone immediately and in writing within 36
hours to a child protective agency.
What are the 5 types of abuse?
PUNSU (acronym)
physical abuse
unlawful corporal punishment
neglect
sexual abuse
Unjustifiable punishment or willful cruelty
List the main components of a comprehensive clinical interview assessment.
Presenting problems
Suicide/Homicidal Ideation
Medical/Mental Health Hx
Substance Use
Psychosocial (family, social, legal)
Developmental/environmental stressors
Trauma
Mental Status
Clinical Formulation
