Terry Casey – Ethics with Minors for Tennessee Mental Health Professionals: How to Navigate the Most Challenging Issues

Outline

WHY WORKING WITH MINORS IS DIFFERENT

• Vulnerability and power differentials
• Federal and state laws outlining legal responsibilities
• Issues involved with older adolescents

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

WHEN A MINOR IS (AND IS NOT) A CLIENT

• 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

CONTROL OF MINORS’ RECORDS

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

CAUGHT IN THE MIDDLE OF DIVORCED PARENTS

• Informed consent process
• Parenting plans
• Other legal considerations
• Case example

MANDATORY REPORTING: THE “WHAT”, “WHEN” AND “TO WHOM”

• Mandatory reporting laws
• Federal definition of child abuse
• State laws
• Ethical considerations
• Case example

BOUNDARY ISSUES WITH MINORS

• Social media policies
• Multiple relationships
• Power differentials
• Virtual relationships
• Texting and messaging
• Case examples

PHYSICAL TOUCH

• When it is appropriate, and when it is not
• Informed consent
• Organizational policies
• Case example