Confidentiality & Privilege
The difference between confidentiality and privilege is that privilege involves the disclosure of confidential information in ___________ settings.
legal, court
True or false: You must report reasonable suspicion of child abuse even if your immediate supervisor instructs you not to report.
True
A minor age ___ or older may consent to treatment related to an alcohol or substance use issue AND [outpatient] mental health treatment or counseling services if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in the mental health treatment or counseling services.”
12 years
All information between counselor and client is held strictly confidential unless:
1. the client authorizes release of information with a signature;
2. the counselor is ordered by a court to release information;
3. a client presents a physical danger to self or others;
D. child abuse/ neglect are suspected;
E. All of the above
E. All of the above
True or False: Mandated reporters have immunity from criminal or civil liability and are not liable criminally for photographing the victim, or disseminating the photograph with the report.
True
In the case of minor self-consent for outpatient mental health services, the provider can only share the minor’s medical records with parents with __________.
A signed authorization from the minor.
You are a sexual assault service provider working at a local hospital. Marissa is a 14-year-old client who discloses that she has been sexually assaulted by a peer. Marissa does not want her parents to know about the assault. According to CA law and family codes, you are required to:
A. Report the assault to your local child welfare hotline.
B. Attempt to notify Marissa's parent about the crime.
C. Both A and B
D. None of the above
A. Report the assault to your local child welfare hotline
Rape and sexual assault are considered child abuse and must be reported to law enforcement or the child welfare agency by mandated reporters. Child abuse reporting investigators may disclose to parents that a report was made.
In the case of minors under 12 years of age, Health Care providers must attempt to contact the minor’s parent/guardian unless the professional reasonably believes the parent/guardian committed the assault.
Reports of suspected child abuse must be made _______, with a written report submitted within _____ hours on Department of Justice form SS8572
immediately/as soon as possible; 36 hours
A minor of age ___ may consent to diagnosis, treatment and the collection of medical evidence with regard to sexual assault without parental consent.
You are a case manager at a local pregnancy prevention clinic. Your 10-year-old client discloses that she is pregnant. She reports that she does not want anyone to know about her pregnancy. You believe it is in the client’s best interest for her biological mother to know that she is pregnant.
According to California laws regarding minor consent, whom can you inform about your client’s pregnancy?
Biological mother
Foster mother
Therapist
All of the above
None of the above
5. None of the above
According to CA. law:
A minor (of any age) may consent to medical care for prevention or treatment for pregnancy without parental consent. (Cal. Family Code § 6925).
A treatment provider cannot inform the parents of the minor’s pregnancy without her signed, written consent. (Cal. Health & Safety Code §§ 123110(a), 123115(a)(1); Cal. Civ. Code §§ 56.10, 56.11).
Minors may receive birth control without parental consent (Cal Family Code §§ 6925)
A minor may consent to an abortion without parental consent, and a treatment provider cannot inform parents of a youth’s abortion without her signed, written consent. Cal 4th 307 (1997)
Your psychotherapy client Kim, age 14, tells you she overheard her dad's girlfriend on the telephone describing how she was planning to rob two local convenience stores with mace and a shotgun. Your response is to:
Select one:
A.Break confidentiality according to Evidence Code 1024 in order to protect the public
B.Maintain confidentiality
C.Report to a child protective agency for possible abuse
D.Call the police because this is a Tarasoff situation
B. Maintain Confidentiality. We have no knowledge or reasonable suspicion of child abuse since there is no evidence that Kim has been directly harmed by her dad's girlfriend at this time.
A minor age ___ or older may consent to opioid use disorder treatment that uses buprenorphine.
16 years of age
You have been seeing the Thyme family for one month. The 15-year-old daughter was abused by her stepfather, and when her mother found out, she kicked the stepfather out of the house. The mother tells you on the phone that she just came from the police station, where she went to press charges against the stepfather. She indicates that her daughter has refused to tell the police anything. The mother asks you if you could secretly tape her daughter's session when she talks about the abuse so that the mother can play it back to the police. The best thing to do is to:
Select one:
A. Agree to tape the session with the daughter's permission since she is under age 18 and a victim of child abuse
B. Not release any information since the daughter is the client and over the age of 12
C. Refuse to tape the session because therapists must not act as child abuse investigators
D.Normalize the mother's concerns and frustrations regarding her daughter's refusal to talk to the police, but let her know that it is inappropriate to tape a session without her daughter's consent
D.Normalize the mother's concerns and frustrations regarding her daughter's refusal to talk to the police, but let her know that it is inappropriate to tape a session without her daughter's consent
During a therapy session, an adult client disclosed to her therapist that she "passed out drunk" last week during her job as a daycare provider. The clients of the daycare range from ages 1 to 11 years old. Considering her legal and ethical responsibilities, the therapist must:
A. Must investigate details further and process the incident with the client.
B. Must report the suspected child neglect to her local child welfare department immediately.
C. Must maintain confidentiality and encourage the client to seek substance use treatment.
B. Must report the suspected child neglect to her local child welfare department immediately.
Because this poses a clear risk to the safety of the children under the client's care, a mandated report must be made.
Dr. Caputo receives a phone call regarding psychotherapy for a 15-year-old boy. In order to treat this client, Dr. Caputo needs some source of authorization. Dr. Caputo may receive authorization from all of the following to treat the 15-year-old EXCEPT:
Select one:
A. A step-parent if the minor's biological parents or legal guardians are deceased
B. A divorced parent with sole physical and joint legal custody
C. An older sibling who is raising the child and who signs a Caregiver's Authorization Affidavit
D. A foster child's lawyer
Answer A: Step-parents have no legal standing to authorize treatment of a step-child unless they sign a Caregiver's Authorization Affidavit swearing that they are raising the child in the absence of a parent or legal guardian.