Specialty Guidelines: Forensic Psych Flashcards
First developed in 1991 by the APLS and revised in
2011
Specialty Guidelines should be applied in
“all matters in which psychologists provide expertise [of a forensic nature] to judicial, administrative, and educational systems,” including:
1. Examining or treating persons in anticipation of or subsequent to legal, contractual, or administrative proceedings
2. Offering expert opinion about psychological issues in the form of amicus briefs or testimony
3. Serving as trial consultants
What the FGuidelines are not
mandatory
exhaustive
add/eliminate obligations from APA code
intended to serve as basis for discipline actions
11 guidelines are:
Responsibilities,
Competence,
Diligence,
Relationships,
Fees,
Informed Consent Notification and Assent,
Conflicts in Practice,
Privacy Confidentiality and Privilege,
Methods and Procedures,
Assessment,
Professional and Other Public Communications
1.01 Integrity
Forensic practitioners strive for accuracy, honesty, and truthfulness in forensic psychology’s science, teaching, and practice. They seek to resist partisan pressures to provide services in any way that might be misleading or inaccurate.
2.04 Knowledge of Legal System
Forensic practitioners recognize the importance of obtaining a fundamental and reasonable level of knowledge and understanding of the legal and professional standards, laws, rules, and precedents that govern their participation in legal proceedings and that guide the impact of their services on service recipients. Forensic practitioners aspire to manage their professional conduct that does not threaten or impair the rights of affected individuals. They may consult with, and refer others to, legal counsel on matters of law. Although they do not provide formal legal advice or opinions, forensic practitioners may provide information about the legal process to others based on their knowledge and experience. However, they strive to distinguish this from legal opinions and encourage consultation with attorneys as appropriate.
Standard 4: Forensic Relationships
Whether a forensic practitioner–client relationship exists depends on the circumstances and is determined by several factors, which may include the information exchanged between the potential client and the forensic practitioner before or at the initiation of any contact or service, the nature of the interaction, and the purpose of the interaction. Forensic practitioners recognize that relationships are established with those who retain their services (e.g., retaining parties, employers, insurers, the court) and those with whom they interact (e.g., examinees, collateral contacts, research participants, students). In addition, forensic practitioners recognize that associated obligations and duties vary as a function of the nature of the relationship.
Standard 6: Informed Consent and Assent
Because substantial rights, liberties, and properties are often at risk in forensic matters, and because the methods and procedures of forensic practitioners are complex and may not be accurately anticipated by the recipients of forensic services, forensic practitioners strive to inform service recipients about the nature and parameters of the services to be provided.
6.03.01-6.03.02 Persons Ordered or Lacking Capacity to Provide Consent
If the court orders the examinee to participate, the forensic practitioner can examine the objection without the examinee’s consent. Suppose the examinee declines to proceed after being notified of the nature and purpose of the forensic examination. In that case, the forensic practitioner may consider various options, including postponing the test, advising the examinee to contact their attorney, and notifying the retaining party about the examinee’s unwillingness to proceed. When an individual is ordered to undergo treatment, but the treatment goals are determined by a legal authority rather than the individual receiving services, the forensic practitioner informs the service recipient of the nature and purpose of treatment and any limitations on confidentiality and privilege.
Forensic practitioners appreciate that the conditions that precipitate psychological examination of individuals involved in legal proceedings can impair their functioning in various important ways, including their ability to understand and consent to the evaluation process. For examinees adjudicated or presumed by law to lack the capacity to provide informed consent for the anticipated forensic service, the forensic practitioner nevertheless provides an appropriate explanation, seeks the examinee’s support, and obtains proper permission from a legally authorized person, as permitted or required by law. For examinees whom the forensic practitioner has concluded lack the capacity to provide informed consent to a proposed, non-court-ordered service but who have not been adjudicated as lacking such power, the forensic practitioner strives to take reasonable steps to protect their rights and welfare. In such cases, the forensic practitioner may consider suspending the proposed service or notifying the examinee’s attorney or the retaining party.
8.01 Release of Information
Forensic practitioners are encouraged to recognize the importance of complying with adequately noticed and served subpoenas, court orders directing the release of information, or other legally proper consent from duly authorized persons unless there is a legally valid reason to offer an objection. When in doubt about an appropriate response or course of action, forensic practitioners may seek assistance from the retaining client, retain and seek legal advice from their attorney, or formally notify the drafter of the subpoena or order of their uncertainty.
8.02 Limits to access to records
Forensic practitioners seek to provide the retaining party access to and a meaningful explanation of all information in their records for the matter at hand, consistent with the relevant law, applicable codes of ethics and professional standards, and institutional rules and regulations. Forensic examinees typically are not provided access to the forensic practitioner’s records without the consent of the retaining party. Access to records by anyone other than the retaining party is governed by legal process, usually subpoena or court order, or by explicit consent of the retaining party. Forensic practitioners may charge a reasonable fee for the costs associated with storing, reproducing, reviewing, and providing records.
10.06 Documentation
Forensic practitioners are encouraged to recognize the importance of documenting all data they consider with enough detail and quality to allow for proper judicial scrutiny and adequate discovery by all parties. This documentation includes but is not limited to letters and consultations; notes, recordings, and transcriptions; assessment and test data; scoring reports and interpretations; and all other records in any form or medium created or exchanged in connection with a matter. When contemplating third-party observation or audio/video recording of examinations, forensic practitioners strive to consider any law that may control such issues, the need for transparency and documentation, and the potential impact of observation or recording on the validity of the examination and test security.
11.06 Out of Court Statements
Ordinarily, forensic practitioners seek to avoid making detailed public (out-of-court) statements about legal proceedings in which they have been involved. However, sometimes public comments may serve essential goals, such as educating the public about the role of forensic practitioners in the legal system, the appropriate practice of forensic psychology, and psychological and legal issues relevant to the matter. When making public statements, forensic practitioners refrain from releasing private, confidential, or privileged information and attempt to protect persons from harm, misuse, or misrepresentation due to their accounts.
