Quizlet LCSW Law & Ethic Practice Test 1 Flashcards
(59 cards)
Jessica, age 14, comes to see you with her mother. She appears withdrawn and fatigued and refuses to speak with you. Her mother explains that in the last few months Jessica’s behavior has changed drastically. How would you manage this family’s treatment needs from an ethical perspective?
Content Area: Ethics: Therapeutic Relationship/Services
This question tests your knowledge of the steps to take in starting treatment with a new family unit.
A. Explain the family systems model.
B. If you are unable to make progress with the family, give them three referrals.
C. Evaluate how willing the mother is to reframe the problem as the “family problem” rather than Jessica as the problem.
D. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually.
D. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually.
You would need to determine the unit of treatment before doing any of the other actions.
Mike, your 17-year-old client, has a history of fire-setting. He is in therapy as a result of a court order and his parents know he is in treatment. He tells you that he is angry with his ex-girlfriend and says that he plans to set fire to her house tonight. What should you do?
A. Call his parents so they can be sure that he doesn’t go unsupervised.
B. Maintain confidentiality.
C. Call the police immediately and his ex-girlfriend’s family.
D. Call the police immediately.
C. Call the police immediately and his ex-girlfriend’s family.
In the vignette described there is imminent peril and there is a reasonably identified victim(s). The Duty to Protect includes the mandate to notify the police first and a warning to the identified victim is permitted.
A social worker consults with another professional about a particularly challenging case. Has an ethical violation occurred?
A. Yes, if the social worker does not reveal confidential client information to the other professional.
B. No, if the social worker does not reveal identifying information about the client to the other professional.
C. Yes, if the social worker has a signed consent by the client to consult.
D. No, if the other professional agrees to keep the client information confidential.
B. No, if the social worker does not reveal identifying information about the client to the other professional.
According to the National Association of Social Worker’s (NASW) Code of Ethics, section (1.07) (q) Privacy and Confidentiality, “Social workers should not disclose identifying information when discussing clients with consultants unless the client has consented to disclosure of confidential information or there is a compelling need for such disclosure.” This section implies that the client’s direct consent to consult with another professional is required only if identifying information about the client is revealed. Thus, if general aspects of the case are discussed with another professional, permission from the client is not needed.
A client is referred to you by his attorney. The client tells you that he is reluctant to talk to you because he doesn’t want what he says in therapy coming out in court. Choose the statement that could BEST explain privilege to this client:
A. It is an ethical concept involving the right of a social worker to withhold information in a legal proceeding.
B. It is a legal and ethical principle which involves a restriction on the volunteering of information about a client.
C. It is a legal principle that protects client conversations unless there is a court order.
D. Attorney/client privilege extends to the client of a social worker that the attorney uses for referrals.
C. It is a legal principle that protects client conversations unless there is a court order.
Privilege is the legal right of the client not to have confidential information revealed during a legal proceeding. Only a client, judge or court order would challenge privilege.
If a social worker digitally recorded a session with a client and then receives a subpoena for records because the client is claiming emotional distress, the recorded session would be provided to the court if:
A. The client signed a release to record a session.
B. The client signed a waiver of privilege for the records.
C. The client signed a consent form allowing the session to be videotaped.
D. Digital recording must be disclosed with any records in a subpoena.
B. The client signed a waiver of privilege for the records.
No records would be disclosed until the client or the client’s representative waived privilege.
Steven comes to you for help with debilitating anxiety. He says that his anxiety is beginning to interfere with his relationships and his job. He is afraid to drive his car because he thinks that he is going to hit someone. He doesn’t know how he will ever take a girl out on a date or get to work if he doesn’t get control over this. He thinks he should be able to get over this by himself. The therapist should begin by:
A. Teaching him relaxation techniques and pairing those with thoughts and images of driving his car.
B. Explaining the benefits of a behaviorist approach for severe anxiety.
C. Documenting in an initial treatment plan the client’s goals for treatment of anxiety.
D. Assessing whether a medication evaluation would be necessary.
D. Assessing whether a medication evaluation would be necessary.
From an ethical point (safety-minded) of view, a therapist would first need to consider all treatment modalities to help a client. In this case, that would include considering whether his anxiety is so severe that medication would help him benefit from therapeutic interventions.
Which of the following is not considered by law to be unprofessional conduct by a social worker?
A. A conviction after pleading no contest to a DUI.
B. Thanking a friend for a referral by taking her out to dinner.
C. Being arrested for shoplifting.
D. Poor record keeping.
C. Being arrested for shoplifting.
The law (Business and Professions Code 4982(a) says unprofessional conduct addresses licensees or registrants who have been “convicted” of an offense, not just arrested.
A social worker has been working with a client who informs the social worker that he has been living as a woman since he was 35. He is now 45 and wants to begin transitioning into an anatomical woman. The client tells the social worker that he already has confirmed that his insurance will pay for it but he is self-employed so it is going to be very expensive. How should the social worker proceed?
A. Ask if the client would like to be referred to as “he” or “she.”
B. Use a the client’s signed consent form to determine if he signs it as a woman or as a man.
C. Include a diagnosis of “Gender Dysphoria” on any insurance forms if he signs a release to allow this.
D. If the social worker feels that any counter-transference will impact the therapy, refer the client to a specialist.
A. Ask if the client would like to be referred to as “he” or “she”.
From a diversity perspective, the social worker should directly and respectfully ask the client if s/he would like to be referred to as “he” or “she.”
You are working with a 13-year-old client whose parents are going through a divorce. She texts you one day to tell you that even though she lives full-time with her mother, her dad is now hiring a lawyer for her to come live with him. You receive a subpoena for your records for the purpose of a custody hearing. You would:
A. Assert privilege until a guardian ad litem has been appointed for the client.
B. Contact the parent under whose authorization you are treating the 13-year-old and assert or waive privilege, depending on that person’s wishes.
C. Speak to both parents and assert or waive privilege depending on their wishes.
D. Release the records in order to comply with the subpoena and avoid being in contempt of court.
A. Assert privilege until a guardian ad litem has been appointed for the client.
When subpoenas are received for testimony or records involving clients who are minors therapists should assert privilege until the parent(s) or guardians of the child obtain “guardian ad litem” status.
A couple comes in to see you for therapy. They are referred by the wife’s individual therapist. The husband has recently discovered his wife has been cheating on him and he is unsure if he wants to continue the relationship. What is solely an ethical responsibility in treating this couple?
A. Getting a signed release from both the husband and the wife to speak with the wife’s therapist.
B. Designating a fee prior to the commencement of therapy.
C. Informing the couple of your “no secrets” policy.
D. Having the wife sign a release to speak with her therapist.
C. Informing the couple of your “no secrets” policy
Informing the couple of your “no secrets” policy is solely an ethical responsibility.
Toward the end stages of therapy a client asks his social worker if they can use text or email between sessions to communicate as the final sessions get more spread apart. The social worker suggests that texts and emails won’t really get the client used to less contact; they will only be substitutes. The social worker has:
A. Provided ethical informed consent.
B. Legally maintained confidentiality.
C. Legally avoided client abandonment.
D. Avoided a dual relationship.
A. Provided ethical informed consent.
The social worker’s explanation to the client about the clinical effectiveness of texts and emails is a form of informed consent.
You get a call from the emergency room regarding one of your clients who was brought in by the PET team and is incoherent, delusional, and unstable. While they were going through his belongings they found his driver’s license and your card. The psychiatrist on call wants to know if you can give them any information about this person that might be helpful. You would:
A. Assist them with information you deem pertinent to the situation at hand.
B. Inform them that you cannot confirm or deny if this person is your client.
C. Tell them that they will have to obtain a release signed by the client and fax it to you before you can disclose any information.
D. Ask to speak with your client before disclosing any information.
A. Assist them with information you deem pertinent to the situation at hand.
In the event of a medical emergency it is permissible to give information to medical professionals that may be treating the client. Social workers are permitted to speak with other health professionals for purposes of treatment and diagnosis in recognition of situations such as these.
A client joins a social worker’s church congregation. The social worker should:
A. Leave the congregation.
B. Tell the client s/he needs to join a different congregation.
C. Stay in the congregation but avoid direct social interactions.
D. Review dual relationships with your client and healthy boundaries.
D. Review dual relationships with your client and healthy boundaries.
Of the answers provided, reviewing dual relationships with your client and healthy boundaries, would allow BOTH of you to work to maintain appropriate boundaries. This would allow you to know if this arrangement was going to be uncomfortable for your client, or create any therapeutic problems. It is the most reasonable of the options provided.
Your client, Liz, is a 17-year-old female who is leaving for college out of town at the end of the month. She was molested by her uncle as a young child and is working through these issues with you. She has developed a close working relationship with you and wants to continue to work only with you. You would:
A. Consult with a colleague about transference/counter-transference issues.
B. Make three referrals out of town.
C. Plan for weekly, hourly phone sessions with you.
D. See her on school breaks.
B. Make three referrals out of town.
Ethically, you need to provide Liz with the containment she needs to work through her early childhood issues. This can best be accomplished by referring her to social workers in her new area rather than concretizing her transference to you, i.e., “you’re the only person who can understand and help me.”
Your client missed a regularly scheduled appointment. Your policy, made clear to the client in your informed consent document, is that clients will be billed for missed appointments. The client asks you to bill the insurance company. What would you do?
A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee.
B. Explain that billing insurance for missed sessions is insurance fraud.
C. Let it go, since by law, insurers cannot be billed for missed sessions and clients with insurance are not required to pay out of pocket.
D. Bill the insurance company for the session.
A. Bill the insurer, indicating that the charge is for a missed session, and tell the client he/she is ultimately responsible for the fee.
It is legal and ethical to bill insurers for missed sessions as long as this is clearly indicated in the billing codes.
You are seeing a 52-year-old man who is unable to keep a job. He states that he always ends up fighting with his bosses who then fire him. During a session he makes a derogatory comment about his last boss’ homosexuality. You find yourself becoming angry towards this client. What would you do?
A. Disclose how you feel.
B. Seek consultation.
C. Refer him out.
D. Put your own feelings on the shelf and deal with the client’s issues.
B. Seek consultation.
Of the choices given, seeking consultation is the first step you would take if you are having angry feelings towards this client. It would be important to understand your reaction and to carefully assess how you would proceed.
For several sessions, you have been working with a client who insists that he “will not rest” until he makes his son’s teacher pay for the false child abuse report that the teacher made. He feels that his family has been shamed and anyone who does an internet search on him will think he is a child abuser. He tells you he would never “put hands on a woman, but I will think of something.” The social worker’s early intervention plan should include:
A. Notifying the police and the teacher.
B. Creating a therapeutic environment where the client can speak openly.
C. Direct questions about his revenge plans.
D. Educating the client about the law regarding your mandate to over report child abuse.
C. Direct questions about his revenge plans.
The social worker would need to determine if the client has a specific and imminent plan to warrant breaking confidentiality.
José, a 14-year-old Mexican-American boy, comes to therapy with his mother. He presents with a flat affect and avoids eye contact during the initial assessment session. During the assessment process, José remains quiet as his mother provides a list of José’s symptoms and behaviors that she would like you, as the social worker, to address. Before the initial assessment session comes to an end, José requests that you meet with him individually from now on. After deciding that it would be appropriate to schedule individual sessions, what is your legal obligation?
A. Assess whether the absence of Jose’s father is having an impact on his behavior or this session.
B. Refer his mother for individual therapy to avoid abandoning her as part of the treatment unit.
C. Document your decision to meet individually with José.
D. Ask his mother to sign a new consent form for him to be treated individually.
C. Document your decision to meet individually with José.
An important legal obligation, since you are changing the unit of treatment from a dyad to individual treatment of a minor, is to obtain consent to treat a minor and document it.
After your session with Scott, you decide to buy $10,000 worth of the stock that he was talking about. In a short time the stock tailspins to 10% of its initial price offering. How would you characterize the social worker’s action?
A. It is illegal and unethical.
B. As the social worker did not solicit the information, the social worker was free to purchase the stock.
C. It is unethical.
D. It is unethical if it interferes with the nature of the therapeutic relationship.
C. It is unethical.
LCSW’s do not use their professional relationships with patients to further their own interests.
Hank, a 27-year-old stockbroker, is referred by his EAP for 6 sessions. In the 5th session Hank tells you that he has recently acknowledged to himself that he is gay and doesn’t know how to tell his fiancee. He wants to bring her to the next session and have you tell her for him. The best course of action would be to:
A. Remind him that he only has one more session and that may not be how he wants to use it.
B. Suggest more sessions to clarify his sexual orientation.
C. Ask him how he knows he is gay.
D. Decline his request to tell her for him.
D. Decline his request to tell her for him.
Declining his request is the only ethical answer. You might also say that you will support him while he tells her, if he wishes.
A therapist who performs telehealth advertises that the main advantage of internet therapy is that the client can reach a therapist in real-time. “If crises come up or just a quick question, online therapy can meet your needs right away.” This advertising is:
A. Legal if the therapist’s informed consent information includes emergency contacts in the case that the therapist is unavailable.
B. Legal if telehealth is within the therapist’s scope of practice.
C. Unethical because online therapy cannot be used in a crisis.
D. Unethical because clients will expect a social worker to be available 24/7.
A. Legal if the therapist’s informed consent information includes emergency contacts in the case that the therapist is unavailable.
Information about availability between sessions or in emergencies is an element of safety planning which is both a legal and ethical requirement.
Miranda, a medical social worker, is going through a painful and conflict-ridden custody battle with her ex-husband. She notices that she has a hard time paying attention in rounds and last week became irritated with a patient and another member of her interdisciplinary team. According to professional ethical standards, how should Miranda proceed?
A. Apologize to the patient and colleague.
B. Take a personal day.
C. Take a leave of absence until the custody situation has been resolved.
D. Speak to her supervisor about making adjustments in her workload.
D. Speak to her supervisor about making adjustments in her workload.
NASW ethical standards say that social workers whose personal problems interfere with their professional judgment and performance should immediately seek consultation and take appropriate remedial action, including making adjustments in workload.
Eli has relocated his psychotherapy practice from a big city to a small town. In addition to seeing clients in his office, he also takes a job as a supervisor of interns at the town’s only community counseling clinic. In his second week at the clinic Eli is given a list of new interns he will be supervising and one of the interns assigned to him is a client in his private practice. This client does not know that Eli supervises at the clinic. What should Eli do?
A. Decline to supervise the intern.
B. Ask the client to choose between having Eli as a social worker or a supervisor.
C. Terminate the therapy since it conflicts with Eli’s role as a supervisor as well as the client’s desire for training and career advancement.
D. Proceed as a supervisor since this is a case of an unavoidable dual relationship.
A. Decline to supervise the intern.
Declining to supervise the intern is the best ethical choice given here (it is possible that with the proper ongoing consultation and responsible care, this particular dual relationship could be ethically acceptable). Although some dual relationships are considered unavoidable, particularly when there are limited choices, the ethics are less ambiguous in stating that supervisors do not take on current or former therapy clients.
You are treating a family of four in therapy. The oldest child, age 17, suggested that you do telehealth sessions with him. Legally, in order to do this you must:
A. Obtain written consent-to-treat from him because he is age 12 and older, to change the treatment plan.
B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy.
C. Legally obtain informed consent with the whole family to change the treatment plan.
D. Determine your fee schedule for a different medium.
B. Obtain consent-to-treat him if he changes from family therapy to individual telehealth therapy.
If he is in family therapy now, but changed to individual therapy, you would need legal consent-to-treat with a minor.