Section 7D;: p. 503 - 533

Question 1

What is the definition of a dependent adult? Can dependent adults provide informed consent? (Section 7, p. 505)

Answer 1

Dependent adult: an individual over the age of 18 who is deemed repeatedly and continuously unable to care for themselves and who are unable to make certain personal, financial, and/or non-financial decisions.
Dependent adults are unable to provide consent for certain decisions (such as treatment).

Question 2

Who makes non-financial decisions for the dependent adult? Who makes financial decisions for the dependent adult? (Section 7, p. 505)

Answer 2

Non-financial: guardians and agents

Financial: trustees and attorneys

Question 3

Can a psychologist determine whether an adult lacks the capacity to make decisions in their own best interests? (Section 7, p. 506)

Answer 3

Yes

Question 4

When a psychologist provides services to a dependent adult, what 3 important contextual issues must be addressed PRIOR to providing services? (Section 7, p. 507)

Answer 4

1. the type of substitute decision maker that has been implemented
2. who that person is
3. the specific areas of decisions which are affected for the dependent adult

Question 5

What is the mature minor doctrine? How does someone qualify as a mature minor? (Section 7, p. 517)

Answer 5

The mature minor rule allows minors (under 18) to provide consent for their own treatment (without the consent of their parents/legal guardians). A mature minor is one who has the ability to understand treatment information, the risks/benefits of treatment, the consequences of not being treated, and they are able to apply their own values and preferences to a given situation.

Question 6

Does the mature minor rule apply to all of Canada? (Section 7, p. 514)

Answer 6

No - there is considerable variation in the rules across Canada regarding mature minor status.

Question 7

At what age would someone likely not be considered a mature minor? (Section 7, p. 519)

Answer 7

Typically under the age of 15.

Question 8

What are some limitations of the mature minor doctrine? (Section 7, p. 518)

Answer 8

1. In order for a minor to be granted mature minor status, the counsellor must complete a through assessment to determine the minor’s cognitive and emotional maturity (can be extremely time consuming)
2. The Canadian government has not identified universal criteria to declare an individual competent to treatment.
3. If a minor is not granted mature minor status, they are not able to provide consent for their own treatment (it must be provided by their parents/legal guardians).

Question 9

When a psychologist is providing services to a minor, what are 2 important issues that must be addressed? (Section 7, p. 523)

Answer 9

1. Limits to confidentiality (their legal guardians have the right to access their information).
2. The minor’s ability to consent to services.

Question 10

Typically legal guardians have the right to access their child’s information pertaining to psychological services. However, if this poses a problem, what could be done to protect the privacy of the minor, while still respecting the parents? (Section 7, p. 523)

Answer 10

CAP Sections 21 and 22 - an agreement could be reached with the minor and their parents prior to counselling, which would state certain issues will not be disclosed to the parents/legal guardians.

Question 11

What does the Freedom of Information and Protection of Privacy Act (FOIPP) mean for confidentiality and counselling minors? (Section 7, p. 524)

Answer 11

Counsellors who work in an agency under the FOIPP, may keep the minor’s information confidential (from the legal guardians) if it would constitute an unreasonable invasion of the minor’s privacy.

Question 12

Under the School Act, what constitutes an independent student? (Section 7, p. 524)

Answer 12

A student who is:

• 18 years or older
• 16 years or older and is living independently (or is a party to an agreement under section 57.2 of the Child Youth and Family Enhancement Act).

Question 13

When a student is defined as an independent student, the psychologist may not disclose information to a parent without the student’s consent. True or False. (Section 7, p. 524)

Answer 13

True. Unless there is a court order.

Question 14

A psychologist should not provide services to a minor without the knowledge and consent of the parent/guardian. What are two exceptions? (Section 7, p. 527-528)

Answer 14

1. the minor is a mature minor and has provided informed consent.
2. the courts have ordered the psychologist to provide services.

Question 15

When can a school counsellor provide counselling services to a minor without the consent of the parents/guardians? (Section 7, p. 528)

Answer 15

1. the student is defined as an independent student and has the authority to consent to services.
2. when guidance/counselling services in the school are viewed as an integral component of the school program (parental consent is not required for counselling in this case, but is required for psycho-educational testing)

Question 16

Who do you require consent from before providing counselling services to a minor? (Section 7, p. 524)

Answer 16

Usually one parent (in an intact family) is sufficient

Question 17

When providing counselling services to a minor, and the parents are separated, the psychologist must do what? (Section 7, p. 524)

Answer 17

The psychologist must inquire who the legal guardian is (if a court order indicates both parents must be involved in decisions related to their child, consent is required from both parents).
If the parents are divorced, the psychologist should obtain a copy of the court order.

Question 18

When providing counselling services to a minor, and the parents are adoptive, what must the psychologist do? (Section 7, p. 524)

Answer 18

Obtain a copy of the court order to determine legal guardianship and confirm with the adoptive parent that the order is still valid.

Question 19

What are the 4 situations that legitimize a non-parent guardian? (Section 7, p. 529)

Answer 19

Family Law Act, appointment under a will, a court order, or agreement.

Question 20

If a foster parent present a copy of a Court Order or an agreement with a Director of the child welfare authority, then the psychologist can proceed working with a minor. True or False? (Section 7, p. 529)

Answer 20

True.

Question 21

Can a grandparent provide consent on behalf of a minor whose parents are still alive? (Section 7, p. 530)

Answer 21

No.

Question 22

If a guardian refuses treatment for a child and the psychologist has reason to believe the guardian is not acting in the best interests of the child, what should the psychologist do? (Section 7, p. 530).

Answer 22

The psychologist has a duty to report the matter to the child welfare authority.

Question 23

Does a psychologist need to confirm that a step-parent is also an adoptive parent before accepting consent on behalf of a minor? (Section 7, p. 530)

Answer 23

Yes.

Question 24

Can a psychologist assume that a parent of a minor child is the lawful guardian of the child? (Section 7, p. 530).

Answer 24

Yes, unless evidence suggests otherwise.

Question 25

The Family Law Act distinguishes between what a guardian must do and ________________________. (Section 7, p. 530).

Answer 25

The Family Law Act distinguishes between what a guardian must do and has the powers to do, and emphasizes that a guardian’s choice must be in the best interests of the child.

Question 26

What should a psychologist do if they cannot obtain a Court Order clarifying divorced parents’ rights? (Section 7, p. 530).

Answer 26

They should document the terms of the Custody Order as described by the parent who brought the child in for therapy on the client’s record.

Question 27

When can a psychologist provide services to a minor without consent? (Section 7, p. 530).

Answer 27

Mature minor or in the case of an emergency/crisis.

Question 28

What came out of A.C. v. Manitoba, 2009 (Section 7, p. 526).

Answer 28

Mature minor - the Court set out a list of factors to consider when determining if a minor is a mature minor.

List of factors:

• nature/purpose of recommended treatment (risks, benefits)
• does the minor demonstrate intellectual capacity to make a decision
• are the minor’s views stable and a true reflection of their values/beliefs
• what would the impact be on the minor’s lifestyle, family, etc.
• are their emotional or psychiatric vulnerabilities?
• does the minor’s condition impact their decision making ability?
• is there any extra relevant info from others (teachers, doctors)