Ethical Decision-making for
Clinical Psychologists
Faced With Forensic Questions
RECOGNIZING CASES WITH POTENTIAL
LEGAL IMPLICATIONS
ARGOSY UNIVERSITY, DALLAS
TEXAS SCHOOL OF PROFESSIONAL PSYCHOLOGY
BROWN BAG LUNCH WORKSHOP
SEPTEMBER 12, 2012
Who has been faced with a clinical question
related to forensic matters?
 Who has or anticipates
 Conducting therapy with a child or parent involved in a pre- or
post-divorce custodial matter?
 Conducting therapy with a child or adult victim who will testify
at a criminal trial?
 Conducting a psychological evaluation for pre-employment for
a candidate for a public safety personnel position?
 Conducting evaluations for DARS/DADs referrals?
To Whom Do Forensic Practice Rules Apply?
 To all practicing psychologists

A licensee who provides services concerning a matter which
the licensee knows or should know will be utilized in a legal
proceeding….must comply with all applicable Board rules
concerning forensic services regardless of whether the licensee
is acting as a factual witness or an expert.
Testimony = Plague?
 Most psychologists don’t plan to specialize in
forensic casework
 Many psychologists seek to avoid having to testify in
court
 All psychologists may find themselves in the position
of handling cases that involve forensic issues or
being called upon, i.e., subpoenaed, to testify
Ethics and Regulatory Rules
 Regulatory rules, e.g., TSBEP Rules, are the rails that
guide the train

Ethical principals are the bed on which that rail is built and
serves as cross ties for the rail
Staying On Track
 The “rails” serve to keep the psychologist “on track”
 The mission of a regulatory Board, e.g. TSBEP, is to protect the
public, i.e., the consumer of psychological services

The “rails” of regulatory rules serve to provide a minimum
standard
Ethically informed decision-making determines how well the
psychologist engineering the train progresses down the tracks

•
And inform practitioners in a manner that will provide guidance
and reduce the likelihood of having a complaint filed against them
How Psychologists Get Derailed
 Most Frequent Rule Violations
 Not completing continuing education requirements (55%)
 Forensic case violations and child custody related matters
(15%)
 General therapy violations, e.g. record keeping and release of
records, confidentiality (16%)
TSBEP – FY 2011 Complaints
Complaints
Cease & Desist 3%
Misc 1%
CE Completion (55%)
Sexual Misconduct (1%)
General Therapy
16%
Administrative 6%
Forensics 6%
Child Custody
9%
School
Psyc
Servcs
3%
Sexual
Misconduct
1%
School Psyc Srvcs (3%)
Child Custody (9%)
Continuing
Education
55%
Forensics-General (6%)
General Administrative (6%)
General Therapy (16%)
Cease & Desist (3%)
Miscellaneous (1%)
Staying On the Regulatory Rails
 Know what constitutes forensic practice
and “third party” evaluations
 Develop relevant policies for your practice

E.g., how informed consent for child therapy is obtained
 Develop appropriate statements of
informed consent for the service you are
providing
 Recognize that circumstances change and
understand and address the implications

E.g., know when a general therapy case may become a forensic case
and how to respond to that
Ethical Awareness
 Ethical awareness might also be described as
“heightened” awareness




Such awareness is informed by foundational ethical principles
of the American Psychological Association
Knowledge of current standards of practice and licensing
board regulatory rules (think continuing education)
Be proactive, not reactive
Find a good decision-making model and use it
Remember Yerkes-Dodson Law
(original version)
 There’s a curvilinear relationship, inverted u-shape,
between arousal/anxiety and performance

As arousal increases so does performance, but too much arousal
can interfere with performance (particularly for complex tasks)
 Implication?


If you don’t leave a CE workshop on ethics with a little
apprehension/arousal you may be headed for trouble
On the other hand, benefit from your apprehension – Don’t let it
paralyze you
Learn what you need to know
 Practice what you’ve learned
 When you’re not sure what to do, consult
 When you think you know what to do, consult
 When you have done what you think you need to do, step back,
observe and see if it’s working
 If not, consult, and revise your strategy

Case Example
 A child’s father who has remarried brings his child in
for therapy due to anxiety and behavioral concerns
as reported by the father.

What might you want to know?
What rights does the father have to seek therapy for his child?
 Does the child’s mother know he is bringing child for therapy?
 Will the father provide the mother’s name and contact number as
well as written consent to contact her?

Case Examples
 Child’s step-mother, i.e., married to the child’s
father, brings her 10-year-old step-son in for
therapy. She completes the necessary information
for intake and signs the informed consent.

What concerns might you have?

Additional information
Stepmother has no legal standing to provide informed consent
 Father has joint managing conservatorship of the child
 Mother, who is primary custodial parent, has objected in past to
the father taking child to therapy

Case Examples
 A 7 year-old child’s mother brings the child to your
office for therapy due to behavioral concerns
associated with sexualized behaviors. She wants the
child treated and assessed for possible sexual abuse.

What concerns might you have?

Additional information

During the third session the mother mentions that she has filed for
divorce from the child’s father.