LAW AND ETHICS

Wyatt V Stickney (E)

(1971) Court ruling declaring that mental patients who had been committed on civil grounds have a constitutional right to receive individual treatment that will give them a realistic opportunity to be cured or to improve their mental condition.

Planned Parenthood Affiliates V Van de Kamp

A CA Court of Appeals decision that provides general audience guidance to legally mandated reporters of child abuse in regards to cases involving consensual sex in which one or both partners is a minor. In this this case, the court held that "A fundamental part of the reporting law is to allow the trained professional to determine an abusive from a non-abusive relationship/ situation." Instead of a blanket reporting requirement of all activity of those under a certain age, the professional can make a judgement whether the minor is having voluntary relations or is being sexually abused.

Tarasoff V. Regents of the UC

A CA Supreme Court decision that held a psychologist could be held liable for failing to take reasonable steps to protect the intended victim when a cl threatens violence. This decision created the "duty to warn" a reasonably identifiable victim when a client threatens violence.

Sexual Abuse

A category of child abuse that includes sexual assault and sexual exploitation

Severe and General Neglect

A category of child abuse, which is defined as "acts or omissions committed by a person responsible for a child that harm or threaten to harm the child's health or welfare.

Bellah V Greenson

A decision in which the CA Court of Appeals ruled that the Tarasoff mandated duty to warn when a cl. threatens an identifiable victim does not apply to cases of threatened suicide. At the same time, the case established a legal duty to take reasonable steps to prevent threatened suicide. Such reasonable steps may, but do not necessarily, involve a breach of confidentiality.

Peer Review (E)

A formal evaluation by a peer group of one's specific actions or overall competence. It is use primarily for the purpose of quality assurance. Often, it is used as an alternative to the legal system to settle disputes between practitioners, consumers, and third party payers.

Psychotherapist-Patient Privilege (E)

A legal term referring to a cl.s statutory right not to have confidential information disclosed (w/o permission), especially during legal proceedings. The legal requirements with regard to privilege vary from state to state. Privilege can (or must) be breached under certain legally defined circumstances; for example: when the information ordinarily protected by privilege is made an issue in a court action: when the therapist is acting in a court-appointed capacity: and when the client is believed to be a danger to themselves or others.

Insanity (E)

A legal term referring to a defendant's ability to distinguish between right and wrong. Applies when a person has committed a crime while under the influence of a mental disorder that inhibits the knowledge that such an act was wrong or the ability to refrain from doing it.

Privilege

A legal term that refers to an individual's right not to have confidential information revealed in court or other legal proceedings without permission. The Exceptions to Privilege refer to situations in which an individual does not have the right to prevent confidential information from being revealed in legal proceedings. Some of these exceptions also detail situations in which a LCSW is legally permitted, but not mandated, to breach confidentiality.

Incompetent (E)

A legal term with several meanings; some of these meanings include an inability to consent legally to a contract, an inability to stand trial because of a lack of ability to help rationally in one's own defense, or the to understand the nature of a charge.

Emancipated Minor

A minor who is free from the legal authority of parents or guardians. Under CA law, a minor may become _ by marrying legally; enlisting in the military; or by meeting with the court. _ minors are treated legally as though they were adults and, thus, con consent to medical and psychological treatment.

Duty to Warn (E)

A therapist's legal obligation to attempt to warn a client's intended victim. _ was established by the original Tarasoff decision; however, the decision of the 1976 rehearing of Tarasoff established a more flexible "duty to care" which may or may not involve warning an intended victim. _ and duty of care both represent legally defined exceptions to client privilege.

Willful Cruelty and Unjustifiable Punishment

A type of child abuse that refers to situations where "any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable

Sexual Exploitation

A type of sexual abuse that includes a range of activities involving minors and pornography or prostitution. An example os conduct involving matter depicting minors engaged in obscene acts.

Sexual Assault

A type of sexual abuse. _ includes rape and rape in concert, oral copulation and sodomy, lewd and lascivious acts upon a child under the age of 14, penetration or anal opening by a foreign object and child molestation.

Subpoena (E)

A written legal document requiring a person to appear in court to testify at a certain time and/or produce certain written records.

Subpoena

A written legal order requiring a person to appear in court to testify and. or produce certain written records

Mcnaughten Rule (E)

A.K.A. the "insanity plea." Legal principles that guide the court in determine whether or not a defendant can be declared innocent by reason of insanity. Some jurisdictions use different criteria for judging insanity plea.

Confidential Communication

As defined by CA's Evidence Code, a "_" includes "information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in the course of that relationship and in confidence..." and includes a diagnosis made and the advice given by the psychotherapist in the course of that relationship. A patient or other party who holds the privilege has the right, except in certain legally-defined situations, to prevent confidential communications from being revealed in legal proceedings.

Copayment (E)

Condition of an insurance policy that requires the patient to contribute to the cost of the service he or she receives. Typically, the policy holder must pay a percentage of the service fee, and the insurance company pays the balance.

Omnibus Budget Reconciliation Act of 1981 (E)

Federal Legislation that amended Tilte XX of the SSA. The Act decentralized many social services programs, funding activities, and duties from the federal to state governments, mainly through the use of a black grant.

Education for all Handicapped Children Act of 1975 (P.L. 94- 142, E)

Federal law guaranteeing public education to all handicapped children. The law requires that an individualized education plan (IEP) be prepared for each handicapped child and that any tests used to evaluate these children be reliable, valid, and non-discriminatory.

Freedom of Information Act of 1966 (E)

Federal legislation establishing the right of citizens to know what information the government and other organizations have about them. This right is not absolute, and specific exceptions are noted. Based on this act, clients of federally administered health and welfare agencies under some circumstances have the right to access their case records.

Fourth Party (E)

Fiscal intermediary between a provider of a social or healthcare service, the individual receiving the service, and the organization that pays for the services, and the fourth party provides administrative support.

Tarasoff (E)

According to the CA Supreme Court decision in Tarasoff vs. Regents of the University of CA (1976), a therapist has a legal responsibility to warn appropriate persons when a cl. is determined to pose a danger to another person.

Social Work Purpose (E)

According to the working statement on the purpose of social work NASW 1981, the profession's purpose is to promote or restore a mutually beneficial interaction between individuals and society in order to improve the quality of life for everyone.

Unlawful Sexual Intercourse

An act of sexual intercourse accomplished with a female not the wife of the perpetrator where the female is under the age of 18 years. _ in of itself is not reportable as child abuse; however in certain legally defined circumstances, sex with a minor is reportable as child abuse.

Health Maintenance Organization (HMO; E)

An alternative to the traditional fee-for-service structure, an HMO provides comprehensive health and medical services to its members for a fixed, prepaid fee that covers a specific period of time. An HMO usually has its own facility and professional staff.

Confidentiality

An ethical response responsibility that protects cl.s from unauthorized disclosure of information given in confidence to a mental health professional. Although _ is primarily an ethical responsibility, CA law stipulates that an LCSW may lose her license and be charged with a misdemeanor for failure to maintain _, except as otherwise required or permitted by law, of all information that has been received from a client in confidence. In addition, a number of CA laws either mandate or permit a breach of _ in certain situations.

Evidence Code 1024 (Dangerous Patient Exception)

An exception to privilege which states that there is no privilege if "the psychotherapist has reasonable cause to believe that the patient is in such a mental or emotional condition as to be dangerous to him or herself or to the person or property of another and that the disclosure of the communication is necessary to prevent the threatened danger." In other words, when an LCSW believes that disclosure of confidential information is necessary to avert the danger posed by a dangerous client, the LCSW is legally permitted to breach confidentiality.

Guardian (E)

An individual who is legally responsible for the management and care of another individual. Usually, the other individual is a child or adult who has been determined by a court to be incapable of acting on his or her behalf.

Expert Witness (E)

An individual who testifies before a lawmaking body or in a court of law because of his or her exceptional knowledge in a specific area. Information given by the witness is used to enlighten the court in assessing evidence

Ombudsman (E)

An individual who works for a government or other organization and looks into alleged illegal or unethical activities or harmful unexpected consequences of the organizations actions.

Dependent Adult and Elder Abuse Reporting Law

Any mandated reporter, who, in her professional capacity, or within the scope of his employment, has OBSERVED or HAS KNOWLEDGE OF an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult they have experienced behavior constituting physical abuse, abandonment, abduction, isolation, financial abuse, or neglect SHALL REPORT the known or suspected instance of abuse BY TELEPHONE IMMEDIATELY OR AS SOON AS PRACTICALLY POSSIBLE, AND BY WRITTEN REPORT SENT IN WITHIN TWO WORKING DAYS.

Child Abuse

As defined by CA law, "a physical injury which is inflicted by other than accidental means on a child." In addition, child abuse also means the sexual abuse of a child, severe and general neglect, willful cruelty or unjustifiable punishment, unlawful corporal punishment or injury or abuse in out of home care. When a LCSW knows or reasonably suspects that a child has been abused, the LCSW must make phone and written reports to a child protective agency.

Minor

In CA, an individual under the age of 18 who has not been emancipated.

Title XX (E)

Provision added to the SSAct in 1975 which separated income transfer payments (cash taken from one group and given to another) from the personal social services programs and encouraged the states to play a larger role in developing funding for these programs and put an upper limit on federal funding for social services. Funding is obtained through block grants from the federal government to state governments, so that the Staes have more flexibility in determining where to allocate their funds.

Custody of Children (E)

Legal decision in divorce cases identifying which parent will be in charge of the children. The decision is based on the best interests of the children

Exceptions to Privilege

Legally defined situations in which an individual does not have the right to prevent normally confidential information from being revealed in court or other legal proceedings. The _ also defines situations in which a LCSW may, but is not obligated to, breach confidentiality. EX: The Dangerous Patient Exception and the Patient-Litigant Exception.

Third Party Payment (E)

Monetary reimbursement made to the social worker, agency, or other provider of services to a client by an insurance company or government funding agency

Duty to Warn

Refers to the duty to notify the police and to attempt to warn the victim when a client reveals a serious intention to harm a reasonably identifiable individual. The _ is sometimes referred to as the duty to protect and was first laid out by the Tarasoff decision. It is now codified in CA's Civil Code.

Malpractice (E)

The injurious or unprofessional treatment of a client by a practitioner. It is generally covered under tort law. A malpractice claim requires that three conditions be met: there must be a relationship between the practitioner and the client that implies a duty; there must have been a breach of that duty; and the breach must have caused the client some identifiable harm.

Welfare and Institutions Code 5150

The law that authorizes the involuntary confinement of an individual who is in danger to him or herself or others, or is gravely disabled, as the result of a mental disorder.

Family Code 6924

The law that permits minors aged 12 or over who are sufficiently mature to participate intelligently in mental health treatment under either of the following circumstances: 1 the minor poses a danger of serious physical or mental harm to self or others without such treatment or 2 the minor is an alleged victim of incest or child abuse.

Values (or the social work profession, E)

Principles and standards of conduct for social workers, includes: 1 a commitment to the primary importance of the individual in society, 2 respect for the confidentiality of relationships with clients, 3 a commitment to social change to meet socially recognized needs, 4 a willingness to keep personal feelings and needs separate from professional relationships, 5 a willingness to transmit knowledge and skills to others, 6 respect and appreciation for individual and group differences, 7 a commitment to develop clients ability to help themselves, 8 a willingness to persist in efforts on behalf of a client despite frustration, 9 a commitment to social justice and the economic, physical, and mental well-being of all persons in society, and 10 a commitment to a high standard of personal and professional conduct.

Sliding Fee Scale (E)

Practice in which clients are charged for services according to their ability to pay rather than on a flat fee basis.

Gault Decision (1967; E)

Supreme Court ruling that confirmed the right of juveniles to the same legal protections as adults in criminal court proceedings; eg, the right to counsel, freedom from self-incrimination, the opportunity to have their counsel confront witness. This ruling reduced the influence of social workers in criminal court proceedings for juveniles.

Child Protective Agency

The authority to which a report of child abuse is made. Agencies providing _ services, the police, sheriff's department, county probation offices and county welfare services.

Confidentiality (E)

The ethical duty of social workers and other professionals to protect information shared by a client in a professional context (or information collected when conducting research or evaluation). A social worker many not share information about a client without the permission (informed consent) of the client, or unless compelled by las (eg threats of violence, commission of crimes, suspected child abuse). Confidential information includes the identity of the client, content of things said by the client, professional opinions about the client, and material from the clients records.

Competent Evidence (E)

The facts about a case that are credible, persuasive, and sound, as well as admissible in a court of law. Competent evidence is different from information given by an expert witness, who gives opinions and information to the best of his or her knowledge.

Informed Consent (E)

The giving of permission by a client to a social worker and agency to use some specific intervention, including diagnosis, treatment, followup, and research. The practice is designed to protect individuals by guaranteeing their safety, privacy, and freedom. Generally, true informed consent can be obtained only when the individual is competent, free from pressure and coercion, and knowledge about the treatment to be provided including alternative treatments.

Holder of the Privilege (E)

The person who decides what confidential information is to be released, particularly in the context of legal proceedings. Generally, laws related to porlege make the client holder of the privilege.

Holder of the Privilege

The person who has the right to waive the the privilege, which is the right to not have confidential information revealed in legal proceeds. Except in certain legally defined situations the client is the holder of the privilege.

Dual (and Multiple) Relationships E

The unethical behavior of assuming more than one role (professional helper) with a client; ex a social worker becomes sexually involved with a client, a social worker hires a client as a bookkeeper, social worker agrees to take her brother-in-law on as a client. Dual relationships are dangerous because they may exploit or otherwise harm the client.

Deshaney Decision (Deshany V. Winnebago County Department of Social Service, 1988) (E)

U.S. Supreme Court decision that social workers and their agency cannot be held liable for damages if they fail to protect a child who had been abused by his or her parent. However, social workers employed in child protective agencies are not necessarily free from the risk of lawsuits at the state or federal court level.

Brown V Board of Education (1954, E)

US Supreme Court decision that racial segregation of public schools was illegal; the ruling declared that the "separate but equal" interpretation of the 14th Amendment was unconstitutional.

Involuntary Commitment (E)

_ to a hospital, which generally is done only when the individual is judged to be sufficiently disturbed to be a danger to self or others and will not agree to voluntary commitment. Legal regulations concerning involuntary commitment vary from state to state

Subpoena Duces Tecum (E)

paperwork requiring a witness who is called to bring to court, or to a deposition, any relevant documents he or she possesses.