Mental health providers - mandated treatment

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Marina
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Mental health providers - mandated treatment

Postby Marina » Sun Jun 25, 2006 7:50 pm

Mental health providers - mandated treatment

http://www.law.duke.edu/journals/alr/ar ... 20p271.htm

"This Article analyzes the liability of mental health professionals for services rendered to patients who are ordered by a court to undergo mental health treatment. After a brief review of relevant legal authority, this Article examines mandated treatment under the framework of quasi-judicial immunity and continues by discussing the specific duties of mental health professionals to patients undergoing mandated treatment. The Article also comments on the unique issues that arise from treatment of patients under federal benefit programs. The Article concludes by arguing that mental health professionals do not enjoy a blanket exemption from malpractice liability and by suggesting a cautious course of action for such professionals."
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"In the same way judges generally have immunity from personal liability for actions done in the course of their official duties, judicially-appointed professionals, including mental health providers, are also protected from malpractice liability when they assist in making a judicial decision.14 Such judicial decisions include: (1) de-[*pg 274] terminations of criminal competency; (2) determinations of sufficient mental states for civil liability; and (3) determinations of mental fitness in child custody proceedings.15 "

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"In criminal, civil, or CINA (child in need of services) situations, the provider should recognize that the court order generally does not specifically authorize any treatment and the patient may still refuse to consent.198 If the service is evaluative, the provider probably enjoys the benefits of quasi-judicial immunity.199 However, if the service continues after an evaluation or there is treatment beyond evaluation, the patient must give her informed consent.200 Should the patient fail to consent, the provider's role is to report the patient's non-compliance to the court, rather than to enforce the court order.201"

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"The Statute does not provide similar immunity for continuing care beyond the evaluation stage."
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"Court-ordered classes in anger management, life skills, and family violence prevention may be provided by a mental health professional, a paraprofessional under the guidance of a mental health professional, or a non-professional.255 The mental health professional must adhere to the standard of care for her profession, as discussed above,256 but the non-professional has no duty of care (unless unlawfully practicing counseling).257 "
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"Mandated treatment changes the duties of confidentiality and informed consent owed to a mental health patient, but does not fundamentally alter the duty of care."

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VI. CONCLUSION
When one asks a layman what duties a mental health provider owes to a mandated patient, common responses are "none" and "exactly the same as any other patient." However, neither is true. Alaska providers of mandated mental health services neither have a blanket exemption from their duties of confidentiality, informed consent, and care, nor do they have the identical duties to these patients as voluntary patients.

Mandated care modifies the duties of confidentiality and informed consent, but a provider should construe these exceptions narrowly. Providers employed by the United States may enjoy some additional protections from liability through the Federal Tort Claims Act and Feres doctrine, but these protections do not generally extend to private providers working under a federal contract. The safest course of action for a provider of mandated mental health services is to treat the mandated patient as much as possible like a voluntary patient and to adapt the provider's practices only as specifically authorized by the terms of the mandate.

To avoid liability problems, providers and institutions that routinely care for mandated patients should consider developing policies regarding confidentiality and informed consent that follow the requirements of Alaska law. Providers who only occasionally see mandated patients may want to consult carefully with the refer-[*pg 303] ring authority to determine the scope of their mandate and any limitations on confidentiality that may arise from the specific circumstance and discuss these with the patient in advance of treatment. Mandated care can be an important vehicle for helping those who would otherwise not get help. However, the mental health providers who care for mandated patients should be aware of their modified duties towards them.


also posting under "Sue them"

and Alaska
Last edited by Marina on Mon Jun 26, 2006 9:39 am, edited 3 times in total.

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KY- mental health evaluation- standard of care

Postby Marina » Sun Jun 25, 2006 7:53 pm

KY- mental health evaluation- standard of care


http://dpa.state.ky.us/library/manuals/mental/Ch03.html


posting under Kentucky

Marina
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Book- mandated mental health treatement

Postby Marina » Sun Jun 25, 2006 8:05 pm

Book- mandated mental health treatement

http://goliath.ecnext.com/comsite5/bin/ ... 99-4433889

Marina
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Court mandated -- admission of guilt

Postby Marina » Sun Jun 25, 2006 8:10 pm

Court mandated -- admission of guilt

http://www.ipt-forensics.com/journal/volume9/j9_3_1.htm

Court-Mandated Treatment and Required Admission of Guilt in Cases of Alleged Sexual Abuse: Professional, Ethical and Legal Issues
Judith K. Adams*

Marina
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The Intersection of Mental Health and Child Welfare Services

Postby Marina » Tue Jun 27, 2006 7:09 am

The Intersection of Mental Health and Child Welfare Services

Missouri



http://gwbweb.wustl.edu/cmhsr/pilots/Cu ... rvices.htm

posting under Missouri

Marina
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National Mental Health Information Center

Postby Marina » Tue Jun 27, 2006 7:48 am

National Mental Health Information Center

Critical Issues for Parents with Mental Illness and their Families
Chapter V
Policies, Practices, and Parents with Mental Illness


http://www.mentalhealth.samhsa.gov/publ ... 09/ch5.asp

Marina
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Role of professionals in treatment of neglect

Postby Marina » Tue Jun 27, 2006 8:07 am

The Role of Mental Health Professionals in the Prevention and Treatment of Child Abuse and Neglect

User Manual Series
Author(s): U.S. Department of Health and Human Services
Peterson, Urquiza
Year Published: 1993


http://www.childwelfare.gov/pubs/userma ... thlthc.cfm

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The Role of Mental Health Professionalsin the Prevention and Treatment ofChild Abuse and Neglect
Marilyn Strachan PetersonAnthony J. Urquiza1993
U.S. Department of Health and Human ServicesAdministration for Children and FamiliesAdministration on Children, Youth and Families
National Center on Child Abuse and Neglect
This manual was developed and produced by The Circle, Inc., McLean, VA,
under Contract No. HHS-105-88-1702.


http://216.109.125.130/search/cache?p=m ... 1&.intl=us


TABLE OF CONTENTS
Page
PREFACE i
ACKNOWLEDGMENTS iii
INTRODUCTION 1
The Mental Health Professional and Child Abuse 1
Mental Health Disciplines and Child Abuse Intervention 1
Psychiatry 2
Psychology 2
Clinical Social Work 3
Psychiatric Nursing 3
Counseling 3
Art Therapy/Expressive Arts Therapy 4
Child Abuse Intervention as a Subspecialty 4
ROLES OF MENTAL HEALTH PROFESSIONALS WORKING WITH
ABUSED AND NEGLECTED CHILDREN AND THEIR FAMILIES 7
Primary and Secondary Prevention 7
Tertiary Intervention 7
Evaluation and Treatment 7
Advocate 8
Source of Information and Referrals 8
Educator 8
Preparing Clients to Testify in Court 9
Consultant to County or State Departments of Social Services 9
Expert Witness 9
RESPONSIBILITIES OF THE MENTAL HEALTH PROFESSIONAL 11
Report Child Abuse and Neglect 11
Resistance to Child Abuse Reporting Laws 12
Inappropriate Interventions 12
Whether to Tell the Client That the Mental Health Professional is Making a Report 13
Refer Children for Medical Evaluations 13
Prevent Sexual Abuse of Child and Adult Clients by Therapists 13
Acquire Knowledge, Skills, and Expertise Through Training 14
Establish Quality Assurance Practices and Standards 14
Participate on a Multidisciplinary Team 14
HOW CHILD ABUSE AND NEGLECT IS DEFINED 17
Operational Definitions 17
Physical Abuse 17
Sexual Abuse 17
Emotional/Psychological Abuse 18
Child Neglect 18
Incidence 18
Effects of Child Abuse 19
Contextual and Developmental Factors 19
Physical Abuse 20
Sexual Abuse 21
Neglect 22
Page
Mental Health Evaluations 22
Forensic Evaluations 23
Parents 24
Clinical Evaluations of Children, Parents, and Families 24
Assessing Suicidal Risk 26
Behavioral Cues to Suicide 26
MENTAL HEALTH TREATMENT ISSUES AND MODELS 27
Intrafamilial Child Sexual Abuse Treatment 27
Isolation 27
Poor Communication and Ambiguous Boundaries 27
Sexual Distortions 27
Intervention Issues 28
Assessment of the Child’s Immediate and Long-Term Treatment Needs 28
Child’s Safety from Abuse 28
Empowerment of the Nonoffending Parent 28
Management of Sexualized Behavior 28
Skill Building and Education 29
Status of the Intrafamilial Perpetrator 29
Willingness of the Perpetrator to Assume Genuine Responsibility 29
Awareness and Management of Incestuous Thoughts and Behavior 29
Marital Therapy 30
Reestablishment of the Parent–Child Relationship 30
The Comprehensive Sexual Abuse Treatment Program (CSATP) 30
Nonfamilial Child Sexual Abuse: Providing Support to Parents 31
Page
Child Physical Abuse Treatment Components 31
Education and Skill Training May Not Be Enough 32
Aggression Management 32
Self-Help Groups 32
Parents Anonymous Model 33
Neglecting Families: Intensive In-home Interventions 33
TREATMENT MODALITIES 35
Dealing With the Justice System 36
Managing the Therapeutic Environment 37
Physical Environment 37
Support Personnel 37
Structure of the Therapeutic Session 38
Confidentiality 38
Release of Information 38
Personal Issues for Mental Health Professionals 39
Countertransference 39
Stress and Burnout 40
Managing Professional and Private Lives 40
Responsibilities of Supervisors, Managers, and Administrators 41
NOTES 43
SELECTED BIBLIOGRAPHY 49

Marina
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An Ethical Paradigm for Sex Offender Treatment

Postby Marina » Wed Jul 19, 2006 9:08 pm

An Ethical Paradigm for Sex Offender Treatment: Response to Glaser

http://wcr.sonoma.edu/v4n2/manuscripts/ ... treatment'


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