Related Laws

Question 0

If all of the following apply, an attorney or physician shall make a report despite the fact that the communication was privileged:

Answer 0

1. The client or patient, at the time of the communication, is either a child under 18 or a mentally retarded, developmentally disabled, or physically impaired person under age 21
2. The attorney or physician knows or suspects, as a result of communication or observations made during the communication, that the client or patient has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the client or patient.
3. The attorney-client or physician-patient relationship does not arise out of the client’s or patient’s attempt to have an abortion without the notification of her patents, guardian, or custodian

Question 1

Child abuse reporting

Answer 1

1. No specified person who in acting in an official or professional capacity and knows or suspects that a child under 18 or an MRDD or physically impaired child under 21 has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall fail to immediately report that knowledge or suspicion.
2. The person making the report shall make it to the public child services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred.

Question 2

Any report shall by made by phone or in person and followed by a written report if requested. The written report of abuse shall contain

Answer 2

1. The names and addresses of the child and the child’s parents or the person or persons having custody of the child, if known
2. The child’s age and the nature and extent of the child’s known or suspected injuries, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect including any evidence of previous injuries, abuse, or neglect
3. Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect. Any required reporter may take or cause to be taken color photographs of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child.

Question 3

Persons participating in child abuse reporting or such judicial proceedings in good faith are:

Answer 3

Immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of the making of the reports or the participation in the judicial proceeding.

Question 4

Rule for adult abuse reporting

Answer 4

Any person having reasonable cause to believe that an adult has suffered abuse, neglect, or exploitation may report, or cause reports to be made of such belief to the department. Psychologists, physicians, and other professionals must report.

Question 5

Written reports of adult abuse shall include:

Answer 5

1. The name, address, and approximate age of the adult who is the subject of the report
2. The name and address of the individual responsible for the adult’s care, if any individual is, and the individual is known
3. The nature and extent of the alleged abuse, neglect, or exploitation
4. The basis of the reporter’s belief that the adult has been abused, neglected or exploited

Question 6

Immunity for adult abuse

Answer 6

Individuals who report or testify regarding adult abuse shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for perjury, unless the person has acted in bad faith or with malicious purpose.

Question 7

“Abuse” definition for adult protective services

Answer 7

The infliction upon an adult by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.

Question 8

“Adult” definition for adult protective services

Answer 8

Any person 60 years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person’s own care or protection, and who resides in an independent living arrangement (domicile of their own shoosign, including an adult care facility but not facilitities resulting from voluntary, civil, or criminal committment)

Question 9

“Neglect” definition for adult protective services

Answer 9

The failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services.

Question 10

“Mental health client or patient” definition

Answer 10

An individual who is receiving mental health services from a mental health professional

Question 11

“Mental health organization” definition

Answer 11

An organization that engages one or more mental health professionals to provide mental health services to one or more mental health clients or patients

Question 12

“Mental health professional” definition

Answer 12

An individual who is licensed, certified, or registered under the revised code, or otherwise authorized in this state, to provide mental health services for compensation, rumuneration, or other personal gain

Question 13

“Knowledgable person” definition

Answer 13

An individual who has reason to believe that a mental health client or patient has the intent and ability to carry out an explicit threat of inflicting imminent and serious physical harm to or causing the death of a clearly identifiable potential victim or victims and who is either an immediate family member of the client or patient or an individual who otherwise personally knows the client or patient.

Question 14

“Clearly identifiable potential victim”

Answer 14

Includes any potential occupant of a structure in the case of a threat to a readily identifiable structure

Question 15

Under what circumstances can a mental health professional or mental health organization be held liable for violent actions of a client

Answer 15

1. For serious physical harm or death resulting from failing to predict, warm of, or take precautions to provide protection from the violent behavior of a mental health patient or client
2. Only if the client or patient or a knowledgable person has communicated to the professional or organization an explicit threat of inflicting imminent and serious physical harm to or causing the death of one or more clearly identifiable potential victims
3. The professional or organization has reason to believe that the client or patient has the intent and ability to carry out the threat
4. The professional or organization fails to take one or more appropriate actions in a timely manner

Question 16

What are the actions that a mental health professional or organization must take (one or more) when there is a threat from a client:

Answer 16

1. Exercise any authority the professional or organization possesses to hospitalize the client or patient on an emergency basis pursuant to the code
2. Exercise any authority the professional or organization possesses to have the client or patient involuntarily or voluntarily hospitalized
3. Establish and undertake a documented treatment plan that is reasonably calculated according to appropriate standards of professional practice to eliminate the possibility that hte client or patient will carry out the threat, and, concurrent with establishing and undertaking the treatment plan, initiate arrangement for a second opinion risk assessment with the clinical director of the organization or with another mental health professional
4. Communicate to a law enforcement agency with jurisdiction in the area where each potential victim resides, where a structure threatened is located, or where the mental health client or patient resides, and if feasible, communicate to each potential victim or a potential victim’s parent or guardian a) the nature of the threa, b) The identity of the patient making the threat, c) The identity of each potential victim of the threat

Question 17

When a mental health professional or organization takes steps to protect/warn against a threat, all of the following apply:

Answer 17

1. The mental health professional or organization shall consider each of the alternatives set forth and shall document the reasons for choosing or rejecting each alternative
2. The mental health professional or organization may give special consideration to those alternatives which, consistent with public safety, would least abridge the rights of the mental health client or patient
3. The mental health professional is not required to take an action that, in the exercise of reasonable professional judgment, would physically endanger the professional or organization, increase the danger to a potential victim, or increase the danger to the mental health client or patient
4. The mental health professional or organization is not liable in damages in a civil action, and shall not be made subject to disciplinary action by any entity with licensing or regulatory authority, for disclosing any confidential information about a mental health client or patient that is disclosed for the purpose of taking any of the actions

Question 18

What should a psychologist do who knows or has reasonable cause to believe that a patient or client has been the victim of domestic violence do?

Answer 18

Note that knowledge or belief and the basis for it in the patient’s or client’s records. This information may be admitted as evidence in accordance with the rules of evidence.

Question 19

What can/may a psychologist do if a client confides that a felony has or is being committed?

Answer 19

Due to privilege, the psychologist is not legally bound to disclose this information. However, disclosure of information pursuant to this section does not give rise to any liability or recrimination for a breach of privilege or confidence.

Question 20

Does the non-residential parent of a child have access to records?

Answer 20

1. The non-residential parent has the same access to records as provided to the residential parent unless the court determines that it would not be in the best interest of the child
2. If the court determines a different arrangement, the court will lay out under what terms and conditions the non-residential parent will have access to records and shall issue an order containing these terms and conditions
3. If there is a different arrangement, the residential parent shall present the keeper of the record with a copy of an order indicating the arrangment
4. Keeper of records must comply with these rules and orders or they are in contempt of court
5. The prosecuting attorney of any county may file a complain with the court asking for a protective order preventing the disclosure of any confidential law enforcement investigatory record.

Question 21

Under what conditions may a minor get mental health services without parent/guardian consent?

Answer 21

1. Minor who requests the services is 14 years or older
2. A mental health professional may provide outpatient mental health services, excluding the use of medication, without parent/guardian consent
3. The minor’s parent/guardian shall not be informed of the services without the minor’s consent unless the mental health professional determines that there is a compelling need for disclosure based on substantial probability of harm to the minor or to other persons, and the minor is notified of the mental health professional’s intent to inform the minor’s parent/guardian
4. Services are limited to not more than 6 sessions or 30 days of services, whichever occurs sooner
5. After 6 sessions or 30 days, the mental health professional shall terminate the services or, with the consent of the minor, notify the parent/guardian to obtain consent to provide further outpatient services
6. The minor’s parent/guardian shall not be liable for the costs of services received by the minor under this rule
7. Nothing in this section relieves a mental health professional from the obligations of child abuse reporting laws