Flashcards in Chapter 19: Legal and Ethical Issues Deck (27)
What does the APA's ethics code include in regards to sex?
-No sex w/ current clients
-No sex w/ former clients until at least 2 years after termination of therapy
-No therapy w/ former sex partners
-In general, avoid "dual relationships" (personal or professional)
In what situations must confidentiality be breached?
-Older or dependent adult abuse
-To prevent a serious crime of violence against an identifiable person
-Records are being subpoenaed by the courts
Define confidentiality. When & in what way is a client informed?
-Principle that certain professionals will not divulge the info they obtain from a client
-Client informed in writing of exceptions before starting therapy
What kind of child abuse merits the breach of confidentiality? Who is it reported to?
-Emotional, verbal abuse
-Repots made to CPS or local police
What are the different forms of child sexual abuse?
-Sexual assault (rape)
What age defines a child?
What age defines an "elder adult"?
Age 65 and above
What defines a "dependent adult"?
Mentally or physically disabled
What are the forms of elder/dependent adult abuse?
-Emotional, verbal abuse
-Fiduciary (financial) abuse
What is the psychologist legally obligated to do when a client makes a believable threat of serious bodily harm against an identifiable person?
-Call the police w/ this info
-Make a reasonable effort to warn the intended victim
Define "Duty to Protect"? Aka?
-Therapists must break confidentiality in order to protect a person who may be the intended victim of a client
-Aka Tarasoff decision/ruling
Involuntary confinement in a mental health treatment facility
What are the 2 kinds of commitment?
Define civil commitment.
-Involuntary psychiatric hospitalization based on a person's state of mental health
-Not based on a criminal violation
What does it say in sec. 5150 in the CA WIC?
If due to a mental disorder, there is danger to self or others or if a person is gravely disabled, this person may be placed on an up to 72 hr hold for evaluation and treatment in a mental health facility designated by the County
What does the Patients' Bill of Rights include?
-Right to the least restrictive environment
-Right to treatment
-Right to refuse treatment
-Access to telephone, mail, visitors, privacy, TV
What does the Weapons Restriction Law state in concordance with section 5150? 5250?
-5150 = 5 year firearm prohibition
-5250 = lifelong firearm prohibition
Define criminal commitment.
Legal process by which people accused of a crime are instead judged to be mentally unstable and sent to a mental health facility for treatment
What are the 2 aspects of criminal commitment?
-Competency to stand trial
Define competency to stand trial.
Defendant's mental state at the time of the psychological evaluation, after the arrest but before the trial
What does a competency evaluation determine about a defendant?
-Understands the charges
-Understands the legal process
-Is able to use counsel in own defense
-Is in contact w/ reality
What happens if a defendant is not found competent to stand trial?
-Commitment to a secure psychiatric treatment facility
-Will stay there until mental state is stabilized
-Will undergo court proceedings
-May or may not plead "Not Guilty by Reason of Insanity" at any time
What is insanity defense?
-Plea for "Not Guilty by Reason of Insanity"
-Refers to mental state at the time of the crime
What fraction of those acquitted for NGRI have schizophrenia?
Insanity defense is used in what percentage of violent crimes going on trial?
Less than 1%
Of those who plead NGRI, what percentage of them are actually found NGRI?