Question 1

Parens patriae is a parent's right to have access to their child's records.

Accepted Answer

Parens patriae is a legal doctrine that gives the state the authority to act as a parent for a child who is in need of protection. It does not give parents the right to access their child's records.

Question 2

Which of the following elements must be present for informed consent to occur?&#10;A) The person granting the consent must be competent.&#10;B) The person must be given relevant information about the procedures to be performed.&#10;C) The consent must be freely given.&#10;D) All of these.

Accepted Answer

All three elements (competence, information, and freedom) must be present for informed consent to occur. The person granting the consent must be competent to understand the information given, they must be provided with relevant information about the procedures to be performed, and they must freely give their consent without coercion or pressure from others.

Question 3

Which of the following groups is responsible for enforcing the &#34;privacy rule?&#34;&#10;A) U.S. Federal Bureau of Investigations-Civil Rights Program&#10;B) U.S. Department of the Treasury&#10;C) U.S. Department of Human Resources-Office of Civic Rights&#10;D) None of these.

Accepted Answer

The "privacy rule" is enforced by the U.S. Department of Health and Human Services' Office for Civil Rights (OCR), not by any of the options listed.

Question 4

A subpoena is:&#10;A) A legal summons for you to appear in court.&#10;B) For you to appear in court or for a counselor to appear in court and to bring your records with you.&#10;C) A legal document that concerns both privileged communication and informed consent.&#10;D) A legal document that requires a breach of client confidentiality.

Accepted Answer

A subpoena is a legal document that requires someone to appear in court or bring records to court. It can specifically request the presence of a counselor and/or the disclosure of a client's records. It is important for counselors to understand the guidelines for responding to subpoenas to protect the client's confidentiality to the extent possible.

Question 5

A legal term that indicates that the client's communications cannot be disclosed in a court of law without the client's consent is:&#10;A) Confidentiality&#10;B) Informed consent&#10;C) Privileged communications&#10;D) Subpoena duces tecum

Accepted Answer

Privileged communications refer to the legal protection that certain communications, such as those between an attorney and client or a doctor and patient, cannot be disclosed in a court of law without the client's consent. Confidentiality and informed consent are important ethical principles, but they do not necessarily provide the same level of legal protection as privileged communications. A subpoena duces tecum is a court order that requires a person to produce documents or evidence, and is not directly related to client communications.

Question 6

The concepts of confidentiality, privileged communication, and privacy are based on:&#10;A) The First Amendment&#10;B) The Fourth Amendment&#10;C) The Fifth Amendment&#10;D) None of these.

Accepted Answer

The answer of The concepts of confidentiality, privileged communication, and...

Question 7

Counselors have a duty to warn when there is an identifiable victim.

Accepted Answer

According to the Tarasoff ruling by the California Supreme Court, counselors have a duty to warn when there is an identifiable victim who is in imminent danger of harm. This duty to warn has been expanded to other states as well.

Question 8

Legal minors cannot give informed consent.

Accepted Answer

Legal minors are not considered mature enough to fully understand the consequences or risks of their actions, and therefore cannot give informed consent.

Question 9

Clients who are mentally ill cannot refuse treatment.

Accepted Answer

Clients who are mentally ill have the right to refuse treatment, unless they are deemed to be a danger to themselves or others and meet specific legal criteria for involuntary hospitalization and treatment. This is known as involuntary commitment.

Question 10

Testimonials by satisfied clients are ethical and legal in advertisements.

Accepted Answer

The answer of Testimonials by satisfied clients are ethical and...

Question 11

Match the term with its definition.&#10;-Wyatt v. Stickney&#10;A)Client right to treatment.&#10;B)Right to refuse treatment.&#10;C)Due process needed to overrule refusal of treatment.&#10;D)Established that communication was privileged for clients.&#10;E)Duty to warn.

Accepted Answer

The answer of Match the term with its definition.&#10;-Wyatt v....

Question 12

Match the term with its definition.&#10;-Rogers v. Orkin&#10;A)Client right to treatment.&#10;B)Right to refuse treatment.&#10;C)Due process needed to overrule refusal of treatment.&#10;D)Established that communication was privileged for clients.&#10;E)Duty to warn.

Accepted Answer

The answer of Match the term with its definition.&#10;-Rogers v....

Question 13

Match the term with its definition.&#10;-Rennie v. Klein&#10;A)Client right to treatment.&#10;B)Right to refuse treatment.&#10;C)Due process needed to overrule refusal of treatment.&#10;D)Established that communication was privileged for clients.&#10;E)Duty to warn.

Accepted Answer

The answer of Match the term with its definition.&#10;-Rennie v....

Question 14

Match the term with its definition.&#10;-Tarasoff v. Board of Regents of the University of California&#10;A)Client right to treatment.&#10;B)Right to refuse treatment.&#10;C)Due process needed to overrule refusal of treatment.&#10;D)Established that communication was privileged for clients.&#10;E)Duty to warn.

Accepted Answer

The answer of Match the term with its definition.&#10;-Tarasoff v....

Question 15

Match the term with its definition.&#10;-Jaffee v. Redmon&#10;A)Client right to treatment.&#10;B)Right to refuse treatment.&#10;C)Due process needed to overrule refusal of treatment.&#10;D)Established that communication was privileged for clients.&#10;E)Duty to warn.

Accepted Answer

The answer of Match the term with its definition.&#10;-Jaffee v....

Deck 3: Ethical and Legal Considerations in Counseling