Question 1

Define privileged communication and describe the difference between privileged communication and confidentiality.

Accepted Answer

Privileged communication refers to the legal protection of certain communications between two parties, such as attorney-client communications, doctor-patient communications, and clergy-penitent communications. These communications are considered privileged because they are protected from being disclosed in a legal proceeding or to third parties.

Confidentiality, on the other hand, is a broader concept that refers to the ethical and legal obligation to keep certain information private. While privileged communication is a specific legal protection for certain types of communication, confidentiality is a general principle that applies to all types of information that is shared in confidence.

The main difference between privileged communication and confidentiality is that privileged communication is a legal protection that applies to specific types of communication, while confidentiality is a broader ethical and legal principle that applies to all types of information. Additionally, privileged communication is a specific legal privilege that can only be waived under certain circumstances, while confidentiality is a general obligation that can be waived with the consent of the person who shared the information.

Question 2

Why is the term "duty to warn"
a misinterpretation of the California Supreme Court's ruling in the Tarasoff case?

Accepted Answer

The term "duty to warn" is a misinterpretation of the California Supreme Court's ruling in the Tarasoff case because the court did not specifically mandate that mental health professionals have a duty to warn potential victims of their patients. Instead, the court ruled that mental health professionals have a duty to protect potential victims from harm, which may include warning the potential victim, notifying law enforcement, or taking other appropriate actions. This broader duty to protect encompasses more than just a duty to warn and requires mental health professionals to assess the specific circumstances and take reasonable steps to prevent harm to potential victims. Therefore, the term "duty to warn" oversimplifies the court's ruling and does not fully capture the complexity of the duty imposed on mental health professionals in the Tarasoff case.

Question 3

Discuss the ways in which the laws about parental rights to information about their adolescents can inhibit open communication between adolescent clients and their counselors and describe at least one strategy counselors can use to encourage teenage clients to openly discuss their concerns with counselors and therapists.

Accepted Answer

The laws about parental rights to information about their adolescents can create barriers to open communication between adolescent clients and their counselors. Adolescents may be hesitant to share personal information with their counselors if they know that their parents have the right to access that information. This can lead to a lack of trust and hinder the therapeutic process.

One strategy counselors can use to encourage teenage clients to openly discuss their concerns is to establish a clear and confidential relationship with the adolescent. Counselors can explain to the adolescent that while they may have to disclose certain information to parents in certain situations (such as if the adolescent is at risk of harm), they will strive to maintain confidentiality and respect the adolescent's privacy. This can help the adolescent feel more comfortable opening up and sharing their concerns with the counselor.

Additionally, counselors can also involve the parents in the therapeutic process in a way that respects the adolescent's autonomy. This can include having separate sessions with the adolescent and their parents, where the adolescent has the opportunity to express their thoughts and feelings without fear of immediate parental involvement. This can help to bridge the gap between the adolescent's need for privacy and the parents' need to be involved in their child's well-being.

Overall, it is important for counselors to be mindful of the legal and ethical considerations surrounding parental rights and confidentiality, while also creating a safe and supportive environment for adolescent clients to openly discuss their concerns.

Question 4

In some states counselors are obliged to disclose client communications relevant to crimes other than violence to others or child/elder abuse.Describe the circumstances under which this limitation may come into play.

Accepted Answer

The answer of In some states counselors are obliged to...

Question 5

How are the issues that group and family counselors face in dealing with confidentiality of client communications different from the issues faced by counselors conducting individual counseling or psychotherapy.

Accepted Answer

The answer of How are the issues that group and...

Question 6

How should mental health professionals respond to subpoenas and court orders?

Accepted Answer

The answer of How should mental health professionals respond to...

Question 7

Identify the criteria that ACA recommends using in determining whether a disclosure to a third party about a client's HIV infection is justified.

Accepted Answer

The answer of Identify the criteria that ACA recommends using...

Question 8

Why are "blanket releases"and releases of client information to unknown persons problematic even when clients agree to them?

Accepted Answer

The answer of Why are "blanket releases"and releases of client...

Question 9

When clients request that counseling information be released to a third person, counselors should:

Accepted Answer

Counselors should agree to release information if it is in the client's best interest and with the client's informed consent, ensuring that the client understands the potential risks and benefits.

Question 10

Whenever clients are at serious risk for harming themselves, the Tarasoff decision in California requires that:

Accepted Answer

The Tarasoff decision primarily involves the duty to warn potential victims when a client poses a threat to others, not self-harm. However, ensuring client safety is a general ethical obligation for counselors.

Question 11

If a counselor is court-ordered to produce client records in a legal action, he or she

Accepted Answer

A counselor is legally obligated to comply with a court order to produce client records, and none of the options A, B, or C are correct actions or consequences in this scenario.

Question 12

If a client files an ethics complaint against a counselor or therapist, that professional:

Accepted Answer

The answer of If a client files an ethics complaint...

Question 13

Counselors and therapists should report suspected child abuse or neglect when:

Accepted Answer

The answer of Counselors and therapists should report suspected child...

Question 14

The "duty to protect" doctrine means that:

Accepted Answer

The answer of The "duty to protect" doctrine means that:
...

Question 15

Risk assessment for a dangerous client does not include:

Accepted Answer

The answer of Risk assessment for a dangerous client does...

Question 16

Which of the following is not true about counseling clients with HIV spectrum disorders:

Accepted Answer

Counselors should verify a client's HIV status from an independent source. This statement is not true because it is a violation of a client's privacy and confidentiality. It is the client's responsibility to disclose their HIV status, and counselors should respect their privacy and confidentiality.

Question 17

Which of the following legal rulings established that minors have some privacy rights separate from their parents:

Accepted Answer

The legal ruling that established that minors have some privacy rights separate from their parents is In re Gault, decided in 1967. This landmark Supreme Court case transformed the juvenile justice system by granting juveniles certain due process rights under the Fourteenth Amendment. The case involved Gerald Gault, a 15-year-old who was sentenced to a state industrial school until the age of 21 for making an obscene phone call. The Supreme Court ruled that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, including the right to timely notification of charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel. While the case primarily focused on due process rights, it also acknowledged that minors have rights that can be distinct and separate from the rights of their parents, thus establishing a precedent for the recognition of certain privacy rights for minors.

Question 18

When using facsimile machines for transmitting client data counselors should:

Accepted Answer

When using facsimile (fax) machines for transmitting client data, counselors should take steps to ensure the confidentiality and security of the information being sent. This includes verifying that the fax has been received by the intended recipient immediately after sending it. This is important because fax machines can sometimes transmit to the wrong number or the document can be left unattended at the receiving end, leading to potential breaches of confidentiality.
While option c) mentions sending information with a signed release, it does not address the need for verifying the receipt of the fax, which is crucial for maintaining client confidentiality. Option a) is not necessarily correct, as using "snail mail" (regular postal service) may not be more secure than faxing and can be slower. Option d) is incorrect because it includes option a), which is not the best practice. Option e) is incorrect because option b) is a valid and important practice.
Therefore, the best practice for counselors when faxing client data is to ensure that they have a signed release for the transmission and to verify that the fax has been received by the correct recipient immediately after sending it. This helps to maintain the confidentiality and security of client information.

Quiz 5: Confidentiality: Supporting the Clients Right to Privacy