Terms Flashcards
Duty to Protect (newer)
Protect the identifiable person from harm: which can involve alternatives like involuntary commitment (allows for significantly more possibilities for assessment and interventions than an overly narrow focus on a duty to warn)
Duty to warn (older)
refers to the responsibility of a counselor or therapist to inform third parties or authorities if a client poses a threat to himself or herself or to another identifiable individual (Tarasoff case)
Duty to warn gives counselors and therapists the right to breach confidentiality if a client poses a risk to another person. It also protects clinicians from prosecution from breach of confidentiality if they have reasonable suspicion that the client might be a danger to himself or others.
Canadian Law on duty to warn
However, they, unlike the B.C. Supreme Court, did not clarify if the duty to warn in this case was mandatory or discretionary. However, the court set out the following three factors that must be considered when deciding when the concern for public safety could warrant the breaching of lawyer client privilege. They are:
1. Is there a clear risk to an identifiable person or group of persons?
2. Is there a risk of serious bodily harm or death?
3. Is the danger imminent?
(Smith v. Jones, 1999, scc.)
Despite the fact that Canadian law is not yet crystal clear with respect to our duty to warn, this Supreme Court decision goes a long way to clarify this ethical/legal obligation.
Mental Health Act
provides for the assessment and treatment of individuals who would probably not seek help if left to their own devices.
Child, Youth and Family Enhancement Act
“Temporary guardianship order”
FOIP (Freedom of Info and Protection of Privacy Act)
- creates rights of access to the records of public bodies
- establishes the conditions and obligations that public bodies must meet to protect the privacy of individuals whose personal info is in their custody or under their control.
Who is subject to FOIP?
those employed by or on contract to a school board, college, university or health care region, those who provide contract services to agencies such as the Workers’ Comp Board or Alberta Children’s Services
dual relationship
where the psychologist functions in one professional role and another significant role in relationship to the same person.
When does a dual relationship become problematic?
when the psychologist holds power over the other person.
forensic psychology
the application of psychological knowledge, skills and judgment about human behavior to the understanding, assessment, diagnosis and/or treatment of individuals within the context of criminal and/or legal matters.
formal assessment
entails the use of standardized instruments, direct client contact…
-aimed at providing an understanding that will inform a practical plan of action or provide info about a person’s mental health, emotional or developmental functioning.
general assessment
entails a process of gathering info through direct personal contact…
