Duty to Warn
Legal and Ethical Issues for Mental Health Professionals
By
Gregory Lee Baize, Sr.
Liberty University
COUN 501-B17
Fall 2013
Summary Video presentation: The video clip was quite interesting I found it to be very educational as to the legal obligations of therapists in the mental health field. There were issues that were brought up that were quite important, such as therapists need to understand confidentiality, privileged information, and a therapists responsibility related to reporting suspected child abuse, elder abuse, and/or suicidal ideations, and possibly the most important of them all is a therapists duty to warn. The first case they were focusing on was the case related to a child that was presented in the ER and seen by Nurse Brown and now because she did not report any suspected child abuse she was charged with a crime. The statement that the character Constance Brandis made was quite succinct; Nurse Brown noted “the child was brought in unconscious and undiagnosed or undetermined distress. She notes bruises, she asked foster mother about them, she gets an explanation, and she buys it. Remember, this is a licensed foster care mother. The boy is treated at the hospital, recovers and then goes home” (Psychotherapy, 2008). After this statement the question that this character had was definitely the appropriate question she said “is Nurse Brown a criminal who might be put in jail was she breaking the law should she be punished”(Psychotherapy, 2008). There was further in-depth discussion related to the young boy by the name of Dominic and the actions or an action of Nurse Brown. The lady playing the part of the Judge stated “if the law wants to protect Dominic it must still do so constitutionally and Nurse Brown may have a point. She has raised an issue about the constitutionality of the statute” (Psychotherapy, 2008). Here we are told that “Nurse Brown has challenged
By
Gregory Lee Baize, Sr.
Liberty University
COUN 501-B17
Fall 2013
Summary Video presentation: The video clip was quite interesting I found it to be very educational as to the legal obligations of therapists in the mental health field. There were issues that were brought up that were quite important, such as therapists need to understand confidentiality, privileged information, and a therapists responsibility related to reporting suspected child abuse, elder abuse, and/or suicidal ideations, and possibly the most important of them all is a therapists duty to warn. The first case they were focusing on was the case related to a child that was presented in the ER and seen by Nurse Brown and now because she did not report any suspected child abuse she was charged with a crime. The statement that the character Constance Brandis made was quite succinct; Nurse Brown noted “the child was brought in unconscious and undiagnosed or undetermined distress. She notes bruises, she asked foster mother about them, she gets an explanation, and she buys it. Remember, this is a licensed foster care mother. The boy is treated at the hospital, recovers and then goes home” (Psychotherapy, 2008). After this statement the question that this character had was definitely the appropriate question she said “is Nurse Brown a criminal who might be put in jail was she breaking the law should she be punished”(Psychotherapy, 2008). There was further in-depth discussion related to the young boy by the name of Dominic and the actions or an action of Nurse Brown. The lady playing the part of the Judge stated “if the law wants to protect Dominic it must still do so constitutionally and Nurse Brown may have a point. She has raised an issue about the constitutionality of the statute” (Psychotherapy, 2008). Here we are told that “Nurse Brown has challenged
References: American Counseling Association (2005). ACA code of ethics: as approved by the ACA governing council. Retrieved September 15, 2013, from www.counseling.org/Resources/aca-code-of-ethics.pdf Kentucky Board of Licensure for Marriage and Family Therapists (2011). Code of Ethics. Retrieved September 22, 2013, from www.lrc.ky.gov/kar/201/032/050.htm Psychotherapy.net (Producer), & Greg Summers (Director). (2008). Legal and Ethical Issues for Mental Health Professionals, Vol 2: Dual Relationship Boundaries, Standards of Care & Termination. Available from http://ctiv.alexanderstreet.com.ezproxy.liberty.edu:2048/view/1779008