OHIO LAWS RELEVANT TO PSYCHOLOGY Flashcards
Duty to report child abuse or neglect - based on this law, what are circumstances under which you must report?
1) child under age 18 or w/ DD under 21
2) reason to suspect abuse or neglect learned in a professional capacity
3) general neglect when no injury occurs but failure to provide food, clothing, shelter, medical care, supervision
4) severe neglect when willful allowing endangerment by intentionally failing to provide
When circumstances related to child abuse/ neglect are present, what must you do?
1) report immediately
2) report to children’s services agency, municipal or county peace officer where abuse occurs or child resides
3) make report in phone or in person, followed by written report
a. names and addresses for child and parents
b. child’s age, nature and extent of injuries, history of abuse
c. any other info that is helpful
Duty to report abuse, neglect, or exploitation of adult - based on this law, under what circumstances must you report?
1) reasonable cause to believe adult has suffered abuse, neglect or exploitation or is in condition resulting from that
a. abuse - injury, unreasonable confinement, intimidation, cruel punishment
b. adult = 60 + yrs impaired in a way that prevents self care
c. neglect = failure to provide self or caregiver fails to provide goods and services needed to avoid harm
Duty to report adult abuse, neglect, exploitation - when these circumstances are present, what must you do?
1) report immediately
2) report to county dept of job & family services
3) report orally or in writing
a. name + address + approx age of victim
b. name + address of caregiver if known
c. nature and extent of abuse
d. basis for your belief
Immunity of mental health professional as to violent behavior by client - under what circumstances would you be subject to civil liability or disciplinary action?
1) fail to predict, warn, take precautions
a. client or knowledgeable person communicates explicit threat of imminent and serious physical harm
b. clearly identifiable victim
c. reason to believe client has intent and ability to do it
What actions do you take if Tarasof or suicide threat?
1) take one or more in timely fashion
a. emergency hosp.
b. involuntary/voluntary hosp.
c. documented tx plan w/ 2nd opinion risk assessment
d. contact police (where victims live and client lives)
i. identity + location of client
ii. nature of threat
iii. identifiable victims/structure
e. if feasible, contact each potential victim or parent
What should you do regarding choosing how to proceed with reporting danger to self or other?
1) consider each alternative and document why you chose or rejected
2) consider which alternative protects public and least infringes on client’s rights
3) do not report if doing so increases risk to client, victim, or you
4) additional immunities to civil liability and disciplinary action
What should you do if you suspect domestic violence?
note it and basis for your belief in client record
doctor-patient privilege isn’t cause to withhold this in court case
What should you do if patient reports committing felony?
don’t need to report due to privilege
What are rules around non-residential parent access to child record?
1) same access as residential parent unless court rules otherwise
2) give same access to record unless you have court order restricting access
3) prosecuting attorney of any county can file complaint requesting order preventing disclosure of law enforcement investigation
What are rules around services for minors without parent consent/knowledge?
1) if minor is 14 or older you can provide services unless probability of harm and then you inform minor you need to tell parents
2) can provide services for up to 30 days or for 6 sessions (whichever comes sooner) and then either terminate or seek parent consent with patient permission
3) parent isn’t liable for services for the minor