Scales

  
Select A Topic . . .
Access to Records - "Noncustodial Parent"

Advertising

Advertising - "Expertise"

Advertising - Sliding Fee Scale

Attending the Patient's Wedding (or Other Significant Event)

Authorization Forms

Avoid These Common Errors

Bequest from Patient

Business License

Child Abuse

Child Abuse - Emancipation of Minor

Child Abuse Report Required or Permitted?

Child Abuse Reporting

Child Abuse Reporting - Duty to Investigate?

Child Abuse Reporting - Neglect

Confidentiality - "No Secrets" Policy (Couple Being Treated)

Confidentiality - AIDS/HIV

Confidentiality - Child Abuse Investigations

Confidentiality - Conflicting Requests

Confidentiality - Couple Being Treated

Confidentiality - Dangerous Patient?

Confidentiality - Death of the Patient

Confidentiality - Exception

Confidentiality - Fact of the Relationship

Confidentiality - Group Therapy

Confidentiality - Pregnancy of a Minor

Confidentiality - The Search Warrant

Confidentiality - The Unexpected Caller

Confidentiality and Authorization Forms

Confidentiality and HIPAA

Confidentiality and the Dangerous Patient

Consent to Treat Minor (Sole and Joint Legal Custody)

Consent vs. Authorization

Custody and Visitation Disputes - The Big Mistake

Dangerous Patient - Immunity From Liability

Dangerous Patients and the “Tarasoff Duty"

Dangerous Patients and the Therapist's Duty

Disciplinary Actions

Dual or Multiple Relationships - An Overview

Elder Abuse

Elder Abuse/Dependent Adult Abuse Reporting

Ethical Standards - Conflict with the Law

Ethics

Family Law - "Joint Custody"

Fees

Fees - Barter

Fees - Raising Fees

Fees - Sue the Patient?

Fees - The Sliding Fee Scale

Gifts - To and From Patients

HIPAA

HIPAA - Enforcement

HIPAA - Patient Access to "Psychotherapy Notes"

HIPAA - Psychotherapy Notes/Records

HIPAA - Right to Amend Records

HIPAA - Subpoena for Records and Notes

Hypnosis/Hypnotherapy

Immunity From Liability

Informed Consent

Informed Consent - Videotaping/Risks

Informed Consent: Hugs and Other Touching

Laws, Regulations, and the Attorney Generals' Opinions

Liability for the Acts of Others

Licensing and Certification

Mandatory Continuing Education - Does it work?

Negligence vs. Gross Negligence

Online Therapy

Online Therapy - Disclosure

Online Therapy - HIPAA

Online Therapy - Insurance Coverage

Parental Access to Records of Minor

Partnerships - Be Careful

Privilege - A Common Waiver

Privilege - Group Therapy

Privilege - Waiver

Privilege and Confidentiality

Privileged Communications

Professional Corporations

Records - Destruction at the Request of the Patient?

Records - Removal of Information From File

Records - Stolen, Lost or Destroyed

Referrals

Scope of Competence

Scope of License

Self Disclosure

Something Lighter - Cancel the Appointment

Something Lighter - Law and Sausage!

Something Lighter - Self Defense

Something Lighter: A Definition of "Psychotherapy"

Telemedicine - Hours of Experience Toward Licensure?

Telemedicine: Telephone Counseling/Therapy?

Termination - Who is the Patient

Termination of Employment: Who "Owns" the Patient?

Termination of Treatment

Testifying in Court

Think About This - Child Abuse?

Treating Children

Treating Multiple Members of a Family - Conflicts

Treatment Records

Treatment Records - Ownership

Using Patient Information in Public Presentations

Verbal Abuse - Free Speech

 

Bulletin Archives

 

Bulletin Archive

 
by Richard S. Leslie, J.D. Click here for profile.
Attorney at Law - "At the Intersection of Law and Psychotherapy"


Child Abuse

(June 2005
, Volume 2)

… Suppose your patient, a sixteen- year old boy, tells you that he started a fight with his classmate at school and that he punched the other boy in the nose, causing profuse bleeding and a broken nose. Must you report this as child abuse? The answer depends upon the law in your state. In some states, this would not be reportable. Although it is generally the case that abuse of a child can be perpetrated by anyone (including a minor), some state laws contain language to the effect that a mutual affray between like-aged minors does not constitute reportable child abuse. Check the law in your state. Remember, a failure to report child abuse can have serious consequences for a mandated reporter. On the other hand, confidentiality is the general rule, unless a report is required or permitted.

Child Abuse

(May 2007
, Volume 1)

… Some forms of child abuse may not be readily recognizable to practitioners. That is why a thorough knowledge of child abuse reporting requirements, which vary from state to state, is necessary in order to avoid being faced with the charge of failure to report – which could result in a criminal case against the therapist or counselor, or perhaps a licensing board action to revoke or suspend one’s license. Some examples of situations possibly requiring a report, which may not at first glance seem like child abuse, follow.  

 

Suppose that your client tells you that he was in an automobile accident and that a child in the other car was injured. In a later session, your client tells you that he was intoxicated (from alcohol or perhaps cocaine) at the time of the accident and that he veered into the other lane on the highway, which caused the accident. In some states, a report is required because the Legislature has passed a law that specifically covers such a situation and categorizes it as child abuse. In other states, it may be reportable if such action fits the definition of, for example, child endangerment or unjustifiable corporal punishment of a child. At first blush, this may not seem like child abuse. It may seem like an accident caused by a negligent driver – not by a child abuser. What is the law in your state?

 

Suppose that a patient reports that her husband struck her with his fist in the presence of their 10-year old child. Does this constitute child abuse? Is it reportable (mandatory or permissive) as emotional abuse of the minor or child endangerment? Does domestic violence not committed in the presence of a minor (although the minor is present in the residence) constitute reportable child abuse (e.g., child endangerment) if a weapon is used and the perpetrator is drunk? Or, suppose that the parents of a 12-year old child engage in drug dealing out of their house and that unsavory people are coming to the house on a regular basis. Does this constitute child abuse in the form of child endangerment or perhaps neglect?

 

These various situations may or may not require a report of child abuse – depending upon state law. It is important that counselors and therapists recognize when a child abuse reporting issue arises and that they have the resources available to get an informed answer to their questions. The important thing is to first recognize that there is a reporting issue.