Ethical and Legal Challenges of Working with Minors: Tools to Navigate Mandatory Reporting, Documentation, Boundary Issues, and More

Credit

Planning Committee Disclosure - No relevant relationships

All members of the PESI, Inc. planning committee have provided disclosures of financial relationships with ineligible organizations and any relevant non-financial relationships prior to planning content for this activity. None of the committee members had relevant financial relationships with ineligible companies or other potentially biasing relationships to disclose to learners.  For speaker disclosures, please see the faculty biography.

Speaker

Terry Casey, PhD Related seminars and products

---

Terry Casey, PhD, is a licensed psychologist, HSP health service provider with over 30 years of professional experience, including a 16-year tenure as the director of counseling & psychological services for a non-profit agency with over 30 counselors at over a dozen locations. He is in private practice in Franklin, Tennessee, teaches ethics and professional issues in counseling at Lipscomb University’s graduate program in clinical mental health counseling, and guest lectures at Trevecca Nazarene University’s PhD program in Clinical counseling. Dr. Casey also served for several years as the chair of the ethics committee for the Tennessee Licensed Professional Counselors’ Association and in an advisory capacity for graduate counseling programs at two universities. He has presented frequently on ethics to organizations such as the American Counseling Association, the Tennessee Licensed Professional Counselors Association, the Nashville Area Association of Christian Counselors, and others. For more information, visit his practice website at rencounselingtn.com.

 

Speaker Disclosures:
Financial: Dr. Terry Casey maintains a private practice and is a faculty member of Lipscomb University. He is a published author and receives royalties. Dr. Casey receives a speaking honorarium and recording royalties from Psychotherapy Networker and PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Dr. Terry Casey is a member of the American Psychological Association, the Tennessee Psychological Association, the Tennessee Licensed Professional Counselor Association, and others. For a complete list, please contact info@pesi.com.

Additional Info

Access never expires for this product.

Visit our FAQ page at www.pesi.com/faq or contact us at www.pesi.com/info

Objectives

1. Analyze legal and ethical responsibilities when working with minors in clinical practice.
2. Describe the circumstances in which a parent/guardian or others can legally provide consent for a minor.
3. Identify the legal and ethical limits within which parents/guardians or others may access a minor’s private records.
4. Determine ethical implications associated with boundaries, multiple relationships, and power differentials involving minors and parents/guardians.
5. Outline confidentiality standards for minor clients and when limits to these standards can be applied to the clinical relationship.
6. Determine the ethical and legal course of action to take in situations involving conflicting desires of divorced parents of minor clients.

Outline

Society & Vulnerability of Minors: Navigating Ethical and Legal Issues

• The ethical and legal landscape
• Vulnerability and power differentials
• Federal and state laws outlining legal responsibilities
• Licensing rules
• Suggestions & resources for avoiding problems and mitigating risk
• Limitations of the research and potential risks

The Necessity of a Decision-making Model

• The Multiple Perspective Model: Step-by-step guide
• The five essential perspectives
• Consult, consult, consult
• Decision & documentation

Different States, Different Laws!

• Variability among state laws pertaining to minors
• Documenting that parents are informed
• Checking assumptions of parents & minors
• Guidance to parental & minors rights resources

Consent Rules and Issues Involving Minors

• Consent vs. assent
• Who can provide consent?
• Parental rights and consent rules
• Special rules for older adolescents
• Informed consent process

Who is the Identified Client and why this Matters

• When does an individual become a client?
• Personal representatives
• Ethical vs. legal considerations

Confidentiality Standards and Limits with Minors

• Limits of confidentiality
• Communications with minors and parents
• Progressive scenarios technique
• Parental agreements

Parental Rights…and Wrongs

• Default rights
• Special situations
• Exceptions

Responding to Requests for Records

• Health care records vs. educational records
• HIPAA vs. FERPA
• Who has access?
• Clinical records and psychotherapy notes

Caught in the Middle of Divorced Parents

• Informed consent process
• Parenting plans
• Other legal considerations

Mandatory Reporting: The “what”, “when” and “to whom”

• Mandatory reporting – state laws
• Federal definition of child abuse
• Variability among state laws
• Ethical considerations

Relationships and Boundaries with Minors

• Social media policies
• Boundary issues with minors, and parents/guardians
• Multiple relationships
• Power differentials
• Virtual relationships
• Vulnerability of minors & potential for exploitation
• Texting and messaging
• Physical touch: When it is appropriate, and when it is not Informed consent
• Organizational policies

Vignettes

• The Phone Intake - reporting abuse & more
• Client in a Bind – multiple relationships
• The Dilemma with Julia – disagreeing parents
• Ashley’s tweets – multiple relationships & more
• Celeste and Her Father – parental access to records

Target Audience

• Counselors
• Social Workers
• Psychologists
• Case Managers
• Addiction Counselors
• Therapists
• Marriage & Family Therapists
• Nurses
• Physicians
• Other Mental Health Professionals