Child Psych

Category - Ethics and Legality

A new ethical code of conduct was officially adopted by the APA in 2002, replacing the previous code that was adopted in 1992. There were a number of changes made, including altering the number and content of both general principles and ethical standards. One of the new ethical standards, privacy and confidentiality, deals in part with matters related to legal proceedings. In which of the following legal proceedings is patient confidentiality waived?
  1. Subpoenas
  2. Court orders
  3. Court-appointed evaluation
  4. Court-ordered therapy
Explanation
Answer: C - In court-appointed evaluation, a psychologist is retained by the court to evaluate a defendant. The primary purpose of this process is to give the court an evaluation for consideration; therefore, confidentiality is waived. In each other circumstance, a psychologist may either refuse to provide records without a signed release from the patient or present a defense for why records should not be shared (which is not always productive). Only in court-appointed evaluation is the client the court, not the psychologist’s individual client.
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