Quizlet LCSW Law & Ethic Practice Test 2 Flashcards
(70 cards)
To prepare clients for termination, a social worker schedules sessions every other week and then once a month. Over time, he finds that clients cancel their monthly sessions. Some clients just stop calling entirely without making a monthly appointment. Which of the following would NOT be an ethical concern related to the termination process?
A. Formally terminate with no-show clients.
B. Provide informed consent before changing the session frequency.
C. Assess whether the infrequent sessions are in the client’s best interests.
D. Offer a sliding fee for the intermittent sessions.
D. Offer a sliding fee for the intermittent sessions.
There is no legal or ethical requirement to slide fees as part of termination.
Guidelines regarding advertising state that social workers must advertise in a way that is honest and not misleading. Which of the following is a true statement regarding advertising policies?
B. The advertisement must indicate the full name of the licensee and the complete license number.
It is a legal requirement that the LCSW’s full name and license number or associate’s registration number be on the advertisement.
The parent of a child on your child’s baseball team is a doctor and wants to send a client to you. On the sidelines, you and this parent often talk about the relationship between illness and how family dsyfunctions develop around those illnesses. The doctor is impressed by your insight and asks for your card. You would:
A. Agree to see his referral.
B. Not see his referral because this constitutes a dual relationship.
C. Assess whether it would affect your child and the doctor’s child.
D. Not see the potential client but refer to a colleague.
A. Agree to see his referral.
Ethically, you could agree to see this referral. An acquaintance who refers business to you would not constitute a dual relationship.
You have been working for seven months with a young adult who has recently become very involved with a Nazi skinhead group. You have strong feelings about the detrimental effects such an affiliation can have and will need to:
A. Address your concerns with the client without contaminating the therapy.
B. Discuss the case with your colleagues and get consultation in order to manage your personal bias.
C. Evaluate whether or not you can continue to work effectively with this client.
D. Refer this client out since your bias will get in the way of her progress.
C. Evaluate whether or not you can continue to work effectively with this client.
The first priority is to determine if you can work effectively with the client.
Maxwell, age 46, is referred to you by his EAP because he is depressed and drinking daily on the job. He witnessed a train wreck 3 weeks ago in which several people were killed. Now he says he is terrified to leave the house without a couple of drinks to calm him down. He says that every time he hears a loud noise he feels faint, and he wakes up sweating and shaking. What action would the social worker take?
A. Determine the client’s ability to respond to anxiety treatment interventions.
B. Evaluate the client’s need for a crisis intervention,
C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions.
D. Tell him that his treatment will be confidential as it pertains to his EAP.
C. Limit the informed consent conversation to the legal requirements (fees, your business name and license) and proceed with crisis interventions.
Ethically, you cannot avoid informed consent even in a crisis. So it would be ethical to give the client the legally required information and meet any crisis needs immediately.
All of the following would represent a permitted breach of confidentiality without the need for a client release EXCEPT:
A. Filing a child abuse report.
B. Ensuring safety for a suicidal client.
C. Responding to a CPS caseworker’s request for family history following a child abuse report.
D. Calling the police to notify authorities that your client is leaving your office intoxicated and driving a motor vehicle.
C. Responding to a CPS caseworker’s request for family history following a child abuse report.
A social worker is not permitted to respond to a CPS caseworker’s follow-up inquiries without a written request if the request does not specifically pertain to the child abuse report.
A social worker is becoming increasingly concerned that one client, who is acutely suicidal, is not improving. The social worker has suggested that the client speak with people in his life who might be supportive and be able to help, but the client only wants to speak with the social worker. The social worker is concerned about boundaries if she speaks with the client as often as he needs, which is at least once day. The client has threatened to leave therapy entirely if the social worker keeps suggesting outside support. Ethically, the social worker should:
Content Area: Ethics: Therapeutic Relationship/Services
This question pertains to ethical aspects of termination.
A. Tell the client directly the social worker’s concerns if the client does not return to therapy.
B. See the client at least once a day to prevent harm and imminent risk.
C. Terminate with the client and have him involuntarily hospitalized.
D. Allow the client to terminate if the social worker is unable to provide adequate support.
A. Tell the client directly the social worker’s concerns if the client does not return to therapy.
Ethically, the social worker is obligated to have a direct informed consent conversation with a client, even clients who are acutely symptomatic.
Maya, a 15-year-old emancipated minor, comes in to see you without parental consent. She tells you that last week her 20-year-old husband, Oliver, raped her when she refused to have sex with him. She’s been feeling depressed and disoriented ever since this happened. Which of the following would represent the correct legal analysis of this situation?
Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of child abuse reporting laws.
A. Since Maya is depressed and disoriented, you can treat her without parental consent.
B. Since Maya is married the rape would represent spousal abuse and you would have an ethical responsibility to ensure her safety.
C. Since Oliver is only 5 years older than Maya, Oliver’s actions would not constitute lewd and lascivious behavior.
D. Since Maya is 15 years old, the rape would constitute child abuse.
D. Since Maya is 15 years old, the rape would constitute child abuse.
Although Maya is an emancipated minor, she is only considered an adult in certain legal circumstances. As a minor, a social worker is required to report abuse, which rape clearly is.
A male client comes to see you for the first time. As he talks, you begin to realize that he is definitely going to harm someone. He has a plan and is going to act, but he has not identified his intended victim to you yet. Just as he is about to tell you the identity of the name of the intended victim, you realize that you have not explained to him the limits of confidentiality:
A. Tell him to stop and refer him to someone else.
B. Wait until he identifies the intended victim and then explain the limits of confidentiality, as you must do as part of obtaining informed consent.
C. Ask him to stop and explain to him the limits of confidentiality as part of informed consent.
D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim.
D. Proceed with the session and carry out your duty to protect, per Tarasoff, if he identifies the potential victim.
This is what you would have to do. At this point, the well-being of the intended victim outweighs the ethical concerns about informed consent.
You are working with a client who has expressed suicidal thoughts. You see the client once every two weeks because he does not have insurance. He uses your sliding scale and sometimes texts you between sessions. Which of the following steps would be considered reasonable in fulfilling the duty to ensure the safety of a suicidal client?
A. Schedule extra sessions with your client.
B. Obtain the client’s promise not to harm him/herself until you meet again and use a “self care” contract to reinforce the promise.
C. Give the client the number of the suicide prevention hotline.
D. Explore your client’s support network.
B. Obtain the client’s promise not to harm him/herself until you meet again and use a “self care” contract to reinforce the promise.
If a client promises, in writing, not to harm him/herself until your next meeting, and the social worker reasonably believes that the client agreed in good faith, this would be a reasonable step to ensure the client’s safety.
Social workers are required by law to comply with certain legal standards in the state in which they are licensed. All of the following are legal issues EXCEPT:
A. Suicide.
B. Asking your client, who is a contractor, for information about drywall.
C. Setting a fee.
D. A dependent adult who states that his prescribed seizure medication has not been dispensed by his care custodian.
B. Asking your client, who is a contractor, for information about drywall.
Engaging in a separate and distinct relationship either spontaneously, within a therapeutic relationship or after a reasonable period of time following the termination of the therapeutic relationship, constitutes a dual relationship. This is an ethical issue.
Lisa, age 43, is going through a bitter divorce. She brings her only child, Jamal, age 8, for therapy at the request of his school counselor. He was caught cheating on a test and lied about it to the teacher, the principal, and his mother. As you gather history, Lisa keeps revisiting the injustices of her having to “pay for HIS bad parenting.” When you question her further, she rails about how her ex-husband spoiled Jamal by giving him everything, never backing her up with discipline, etc. She says, “He’s such a jerk. And now he lives in a nice condo and I’m stuck in this dingy little apartment with this dishonest, ungrateful kid. I just can’t believe I have to do this. I can’t afford therapy and, I don’t want to be schlepping him over here every week.” What is the best way to proceed regarding her concern about paying your fee?
A. Consider offering to see Jamal on a sliding scale or pro bono basis.
B. Ask Lisa if she’d like you to call her ex-husband to get some of the payment from him.
C. Tell Lisa that she doesn’t have to pay for therapy because you’ll see her on a pro bono basis.
D. Have Lisa sign a release for you to confer with her ex-husband regarding the fee.
A. Consider offering to see Jamal on a sliding scale or pro bono basis.
This is the most ethical choice. Considering whether to see Jamal on a sliding scale or pro bono basis would address Lisa’s apparent financial stresses and allow Jamal to get needed treatment.
The Humburgs come to counseling with their 16-year-old son, Cameron, because they found drugs in his room. They don’t want the other two children, ages 9 and 11, to know. They want you to suggest some strategies to help Cameron overcome this problem. Ethically, you would:
A. Give them time to adjust to therapy since this is their first session and see just the three of them.
B. Tell them that you are a Family Systems therapist and the other children should be included.
C. Tell them that it would be outside of your scope of practice as a systems therapist to exclude the other two children.
D. Inform them of the risks and benefits of Family Systems therapy and see just the three of them.
D. Inform them of the risks and benefits of Family Systems therapy and see just the three of them.
Ethically, you have to explain the parameters of therapy.
You have been seeing Marsha, 11, with the consent of her mother, Jan. Jan is requesting a copy of Marsha’s therapy notes because she wants to provide them to the school counselor. Under which of the following conditions can you refuse Jan’s request?
A. Marsha will not sign an authorization to release the information to her mother.
B. The content of the therapy notes may have a harmful effect on Marsha’s psychological well-being.
C. Jan wants you to produce a copy of the records within 3 weeks time.
D. You don’t feel comfortable breaching Marsha’s confidentiality.
B. The content of the therapy notes may have a harmful effect on Marsha’s psychological well-being.
If releasing the content of therapy notes will result in a negative impact on the minor’s physical safety and/or psychological well-being, then the social worker has a right to refuse a parent’s inspection of the records.
Mrs. Moran is referred to you by a former client. On the phone she refers to you as “Dr.,” although you do not possess this degree or license. It is apparent to you that Mrs. Moran is quite depressed. How would you handle this situation?
A. Inform Mrs. Moran of your license status once her mood has stabilized and she is in a better mental state to understand and evaluate this information.
B. Refer Mrs. Moran to a doctor since her statement indicates that she is seeking the services of a psychologist, psychiatrist, or M.D.
C. Give Mrs. Moran your business card which will provide her with your accurate qualifications.
D. Inform Mrs. Moran of your license and qualifications.
D. Inform Mrs. Moran of your license and qualifications.
Ethical standards require social workers to correct inaccurate representations of their licensing status and professional qualifications. There is no reason not to inform Mrs. Moran of your licensing status simply because she is “quite depressed.”
Matthew, age 40, and Delilah, age 27, have been married for 8 months and have been referred to you by the pastor of their church. Delilah says, “It’s like I keep marrying the same man. Just like my 2 ex’s, he flies off the handle at the drop of a pin, and I don’t like the way he disciplines the kids.” Matthew says, “She needs to listen to me about how to raise children and seriously adhere to Biblical teachings.” How would you manage your scope of practice obligations in light of the domestic violence?
Content Area: Law: Legal Standards for Professional Practice. This question tests your knowledge of working within the scope of practice to assess the safety of clients.
A. Establish your right to break confidentiality to prevent domestic violence.
B. Explain that there are exceptions to confidentiality, including the reporting of child abuse.
C. Question Matthew and Delilah separately about possible domestic violence.
D. Do not confirm nor deny to the pastor that Matthew is or is not your client.
C. Question Matthew and Delilah separately about possible domestic violence.
Scope of practice obligations requires that you conduct therapy and safety assessments in a way that meets the standard of care.
You witness a mother abusing her child in a shopping mall.
A. Ethically, you should report the child abuse.
B. Legally, you do not have to report the abuse.
C. You will be in violation of ethical standards if you do not report to the police or child protective service agency.
D. Legally, you must report the abuse by phone and follow up with a written report within 36 hours.
B. Legally, you do not have to report the abuse.
This answer is the most accurate. You do not have to report child abuse if you learned of it outside your professional capacity.
During your intake interview, you learn that your client is a lawyer. As you discuss the limits of confidentiality, the client asks, “can you plead the Fifth like I can in court?” As you consider your answer, you consider some hypotheticals. Privilege might be waived in which instance?
A. A client is a 13-year-old girl, who you are seeing without parental consent, and has been selling drugs.
B. A client has told you he has been involved in hacking a corporate database under an assumed name.
C. A client accused of assault and battery uses insanity as a defense in court.
D. A 64-year-old woman complains to you that her bank is making automatic withdrawals without permission.
C. A client accused of assault and battery uses insanity as a defense in court.
If insanity is used as a defense for a crime, then the client may have waived his or her right to privilege.
Roger Kelly has been coming into work late, borrowing money from other employees, and creditors had begun calling him at work regarding overdue bills. He was recently fired from his job because of inadequate performance after a physical altercation with another employee. His boss terminated him and indicated that his recent change in attitude, unpredictable behavior, and job performance would have caused him to be terminated in any case. Roger is so angry about the termination that he threatens to sabotage several machines at the record-pressing factory. How should the social worker proceed?
A. Maintain Roger’s confidentiality.
B. Warn the manager of the factory because this is analogous to a Tarasoff situation.
C. Ethically, the social worker may choose to break confidentiality according to the Landeros vs. Flood decision.
D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.
D. Follow the guidelines as set forth in Section 1024 of the Evidence Code.
The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence Code 1024 states that the social worker has a “right” to warn when property is threatened.
Your client, Barbara, has been unemployed for three months. In her last session, she stated that she plans to kill her ex-boss tomorrow because he’s the cause of all her unhappiness. You call the police to alert them to Barbara’s plan, but they don’t seem to take you seriously because there isn’t a weapon involved. The officer on the phone tells you not to worry about it. Given your responsibilities under the Tarasoff ruling, you would:
A. Document your phone call outlining your concerns and justifying your actions in order to cover your liability.
B. Have Barbara come in immediately for crisis counseling.
C. Call Barbara’s ex-boss and warn him of her plan.
D. Call Barbara and find out if she has a gun so you can tell the police.
C. Call Barbara’s ex-boss and warn him of her plan.
Warning the victim may be done in the interests of protecting the public and protecting the social worker from liability related to breaking the confidentiality of the potentially dangerous client. As of 2014, there is only a legal responsibility to contact law enforcement within 24 hours. After doing that, warning the potential victim is next.
Jeannie and Chuck Jones and their two children, Brooke and Josh, have been seeing you for family counseling for 6 weeks when they come to see you right after a “big family fight.” You notice a rip in Josh’s clothes and Brooke’s red eyes leads you to believe she has been crying. You separate the family and gather a lot of information about the fight. Which statement would NOT lead to a child abuse report?
A. Josh tells you his father tried to push him into a cold shower, and his clothes ripped pulling away.
B. Jeannie says that after the fight with the children, she and her husband got into another fight alone in the bedroom, and he punched her in the stomach.
C. Josh tells you his Dad was also trying to lock him in the closet.
D. Brooke tells you her Dad repeatedly said she was stupid.
Jeannie says that after the fight with the children, she and her husband got into another fight alone in the bedroom, and he punched her in the stomach.
Jeannie telling you that after the fight with the children, her husband and her got into another fight alone in the bedroom, and he punched her in the stomach, would not be reportable. It is not clear that the children witnessed the spousal abuse since it occurred alone in the bedroom, and/or that they had any emotional distress specific to it.
A client comes to his session with his 72-year-old father, who uses a walker from a fall which he reports was caused by a fight with his wife. The father tells you that his wife has been stealing his social security checks each month and gives him only $5.00 a week. At this point you should:
A. Call Adult Protective Services with the clients in your office and report physical abuse and financial abuse.
B. Call Adult Protective Services and report the financial abuse and “undue influence.”
C. Explore possibilities for alternative living arrangements with the father and address the feelings both he and your client may be feeling due to this trauma.
D. Report the financial abuse, even though it is optional, since the victim and your client have requested your assistance in this matter.
A. Call Adult Protective Services with the clients in your office and report physical abuse and financial abuse.
You have assessed a chronically depressed client for suicidal tendencies and determined the person to be at high-risk. You are:
A. Legally bound to report.
B. Ethically responsible to notify family or “others responsible for the client’s well-being.”
C. Legally responsible to intervene.
D. Not responsible in any way as the client has a right to make his/her own decision.
C. Legally responsible to intervene.
A clinician is not legally responsible to report a suicidal client, but is legally responsible to take reasonable steps to ensure the safety of a suicidal client which can be managed in a number of ways. Evidence Code 1024 allows clinicians to break confidentiality when a client, due to a mental disorder, is a danger to self or the property of another and breaking confidentiality would prevent the threatened harm.
Which of the following conditions would meet the definition for being gravely disabled under 5150 criteria?
Content Area: Law: Limits to Confidentiality/Mandated Reporting. This question tests your knowledge of conditions that define a person as being gravely disabled.
A. Command auditory hallucinations telling the client to kill other people.
B. Command auditory hallucinations telling the client to kill him or herself.
C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home.
D. Choosing to be homeless.
C. Command auditory hallucinations telling the client his/her food is poisoned and s/he cannot go home.
A client who cannot access food and housing due to mental illness, such as psychosis (auditory hallucinations), would be considered gravely disabled.