Ethical and Legal Considerations in Abnormal Psychology

Chapter 15 focuses on ethical and legal issues in abnormal psychology, emphasizing the importance of adhering to the APA ethics code. Psychologists must follow various standards to resolve ethical dilemmas, with serious consequences for non-compliance, including potential loss of licensure, which would prevent them from practicing.

The ethics code highlights the necessity of competence among psychologists, which includes the ability to conduct assessments, conceptualizations, and interventions. Psychologists may also provide expert testimony regarding issues such as eyewitness memory and psychological diagnoses, and they may be involved in evaluations for child protective services, particularly in Pennsylvania's Children and Youth Services.

Psychologists may be appointed to act as a guardian ad litem, representing individuals who are legally incapable of making decisions for themselves. This role involves making critical decisions regarding the welfare of these individuals, particularly in cases concerning child custody and safety.

The APA has established specific guidelines to assist clinicians in making informed decisions when asked to provide services outside their area of expertise. For instance, a child psychologist may not possess the necessary competence to evaluate adults with schizophrenia, highlighting the importance of recognizing professional boundaries.

Before therapy begins, psychologists are required to provide clients with an informed consent statement. This document outlines the goals of treatment, the therapy process, client rights, therapist responsibilities, treatment risks, specific techniques used, payment details, and the limits of confidentiality, ensuring that clients are fully aware of their engagement in therapy.

Within the client-therapist relationship, the concept of privileged communication is crucial. This legal principle protects the confidentiality of communications between clients and their therapists, ensuring that sensitive information shared during therapy remains confidential.

The psychologist cannot disclose any information about the client in court without the client's expressed permission, typically through a release of information. This allows the therapist to share what was discussed in therapy with others outside the client-therapist relationship. However, there are exceptions to this confidentiality, particularly in cases of suspected abuse, where mandated reporting laws require psychologists to report any suspected abuse involving children under 18 or the elderly.

Psychologists are also required to break confidentiality under certain circumstances, particularly when there is a duty to warn based on the Tarasoff case. This case involved Tatiana Tarasoff, whose parents sued the State of California after their daughter was murdered by a client of a university counseling office. The therapist failed to warn Tatiana about threats made against her life. Consequently, psychologists must warn specific individuals if a client expresses intent to harm them, such as stating an intention to kill a named person, which may involve notifying law enforcement.

The discussion also highlights the ethical concerns surrounding multiple relationships in psychology. A multiple relationship occurs when a psychologist has a professional role with a client and another role that could impair objectivity or effectiveness. For instance, if a psychologist sees a client in therapy and later discovers that the client is involved in the same community organization as their child, this could lead to conflicts of interest. Psychologists must establish clear boundaries to protect the client and avoid exploitation, as clients are often in vulnerable positions seeking help.

Establishing boundaries is crucial in the therapeutic relationship to delineate professional responsibilities and prevent conflicts of interest. These boundaries are designed to protect the client, who is in a vulnerable state, and to ensure that the psychologist does not exploit their power. The psychologist must refrain from engaging in personal relationships with clients to maintain professionalism and effectiveness in therapy.

The American Psychological Association (APA) ethics code clearly states that any sexual relationship between a client and therapist is strictly prohibited. After therapy concludes, a minimum waiting period of two years is mandated before any sexual relationship can be considered ethical. However, it is strongly advised against engaging in sexual relationships with current or former clients due to the inherent power imbalance, which can lead to exploitation.

In the context of mental health, a commitment procedure is an emergency protocol initiated by psychologists when an individual poses a danger to themselves or others. This may result in involuntary commitment to a psychiatric hospital. Within such facilities, clients retain certain rights, including the right to treatment, liberty, and safety, as well as the right to refuse treatment if they are capable of providing informed consent. The principle of a least restrictive environment is emphasized, ensuring clients are not subjected to abusive conditions like solitary confinement.

The concept of being declared 'not guilty by reason of insanity' arises at the intersection of psychology and law. This legal determination indicates that an individual, due to a psychological disorder, cannot be held criminally responsible for their actions, as they lack the capacity to understand the legality or morality of their behavior. This raises important considerations regarding the individual's mental state at the time of the crime.

Determining a client's competency to stand trial involves assessing whether the individual can comprehend the charges against them and participate in their own defense. Psychologists evaluate the client's cognitive, emotional, and social stability to withstand potentially lengthy legal proceedings, including understanding severe outcomes such as a death sentence.

It is crucial for psychologists to possess a solid understanding of legal frameworks and how mental health issues are addressed within the court system. This knowledge is essential for effective collaboration with legal professionals, and as the field of psychology evolves, the intersection of psychology and law is expected to expand further.