LCSW CA- Legal Issues

Obligation not to disclose infor about client

basic constitutional right of a person to decide how much personal infor they want to share

legal right that prevents infor from being disclosed in court or legal proceedings

Client waived right to confidentiality
*client identity can be disguised or removed
* breach of confidentiality is required or permitted by law

Client communicates serious harm or threat to identifiale victim/s (Duty to warn - tarasoft)
Child abuse
Adult abuse
When client request it

types of adult abuse for which reports are not mandated
reasonable belief client mental status is dangerous to self or others or property of other

Dangerous patient exception
No priviledge exists if client is in such mental or emotional condition as to be dangerous to self or others

Patient has communicated to therapist a serious threat of physical violence against a reasonably identifiable victim/s the therapist is legally mandated to make reasonable efforts to communicate the threat to the victim/s and to law enforcement

*When someone besides the client is the dangerous party
*when there is no reasonably identifiable victim/s
*Dangerous Patient exception Vs. The duty to warn
*When there is no serious threat of Violence
Threats of suicide

individual loses right to not have confidential infor revealed in legal proceedings

Client is holder of privilege. infor cannot be released in legal proceedings unless client waives privilege. therapist the right to claim privilege on behalf of client

Waiver of privilege by one does not affect right of other clients

consult attoney for guidance if needed
LCSW asserts privilege and refuses to release records unless there is client permission, or court rules that there is no privilege

Attorney - client relationship,, in most staes clergy - penitent and physician - patient
CA- Clients holders of privilege

California Evidence code 1010 through 1027
Clients holders of privilege unless he lacks legal capacity
Protective privilege ends where public peril begins

There is no privilege in any proceeding when the patient's emotional condition has been raised as an issue by patient or patient's representative

There is no privilege if the psychotherapist has been appointed by the court, exception is when the therapist has been requested by defendant's lawyer

There is no privilege if the psychotherapist has been sought to help commit or plan a crime

There is no privilege when either the psychotherapist or patient alleges a breach of duty arising out of the therapeutic relationship

There is no privilege in a proceeding initiated at the request of the defendent in a criminal action to determine his sanity

There is no privilege in a proceeding brought by or on behalf of patient to establish competency

There is no privilege when patient is under 16 and believed to be a victim of a crime and disclosure is in best interest of client

client is danger to self or others or gravely dasabled as result of mental dissorder, person can be detained for 72 hrs"
Any person as a result odf mental disorder is a danger to self or others or gravely disabled can be placed on 72 hr hold
14 Days Hold 5250
additional 14 day hold 5260
addtional 90 days 5300

H & S 199.25 exempts physicians and surgeons from criminal or civil liability if the notify the spouse or needle sharing partner
Psychotherapist - there is no clear duty to warn

When LCSW, Trainee, or associate suspects child being abused or has been abused she/he must make telephone report immediately and written followup within 36 hrs
Any professionals that work with children are mandated to report

Physical abuse, sexual abuse, severe and general neglect, willful cruelty and unjustifiable punishment, corporal punishment and injury and abuse in out of home care

Sexual Assault - rape, rape in concert, oral copulation and sodomy, lewd and lascivious acts upon child under 14, penetration genital or anal openingsb by foreign object and chlid molestation.
Sexual exploitation- dicpictions in which a child engages in obscene sexual conduct

Abuse happened in setting Outside therapist professional capacity. Adult abused as minor, unless abuser still poses danger to children

13 yrs and 14 yrs reportable
Both partners between 14 and 18 not reportable
victim 16 perpetrator is over 21 yrs is reportable

Physical abuse, abandonmnet, isolation, financial abuse,neglect as told by adult or observed must report in by telephone immediately and a written report within two working days

Emotional abuse

Legally and ethically minors are generally entitled to a confidential relationship with their therapist

law designates minors hold privilege except in circumtances the parents of non emancipated minor have right to waive privilege

Emancipated minors are treated legally as adults
12 yr old or over can be tx w/o parental consent as long as minor is mature enough to participate intelligently in mental hx tx or counseling if not having tx would pose mental harm or is victim of incest or child abuse
Minor does not hold privilege when being treated w/o parental consent unless he/she has foster parent or guradian.

Minors entitled to confidential relationship with their therapist
parents/ guardian have right ot assert the privilege on behalf of the minor unless minor is victim of crime or therapist is seeing minor w/o consent

parents have legal right to inspect therapist records about their child.
Therapist can deny access of records if he/she feels it would have a detrimental effect on providers professional relationship with minor patient
Parents give consent for therapist to communicate with a child's teacher or to examine child's medical records
When dealing with custodial or non custodial parents therapist has ethical obligation to act in the best interestof the minor

1 Marries Legally
Enlist in the miltary
Files emancipation petition and is 14 yrs willingly living seperate from parents and guardian with their consent and Acquiescence

*Minors under 12 unable to own choice, thus can't receive treatment w/o parental concent
*Minors 12 and over can receive psychological services w/o parental consent as long client is Considered sufficiently mature to participate in tx

Family Code 6924 - Consent to outpatient tx by minor Aged 12 or Over
F.C. 7002 Defination of emancipated Minor

Morally wrong
A. sex with a client is illegal
B. You have the legal obligation to give infor to client that has sex with a therapist Civilly liable when u engage in sex with a client before 2 yrs has elapsed, or you end therapy to begin a relationship

a. Scope of Practice -limited by the extent of individual training
b. Supervision - Supervisor and supervisee responsible for and control of the quality of social work services provided.
ASW's in private practice prohibited from paying for supervision.
c. Unprofessional conduct

Contract between man and Woman

marriage licence, medical exam, and marriage ceremony

Ca is no fault State - no need to show proof of one party being at fault. desolution can be granted on irreconcilable differences and incurable insanity

joint
either parent according to best interest of the child, person child is living in stable environment, any person deemed suitable to care for child

Any umarried person 18 yrs or older
under 18 a consent from parents or court

counseling assistance for parties going through divorce

same ground as divorce except parties remain legally married

May be awarded on basis of need to either party- may be modified or revoked at any time

All community property must be divided equally, except property acquired by gift or inheritance, and income on property or later transmutations.

court will determine custody when parties can not agree and set visitation rights for non custodial parent

Need of Child and ability of the parent to pay