PSY 6920 Week 3 Assignment Ethics in Forensic Evaluations

docx

School

Capella University *

*We aren’t endorsed by this school

Course

6920

Subject

Psychology

Date

Oct 30, 2023

Type

docx

Pages

Uploaded by CaptainMantisMaster253

Ethics in Forensic Evaluations Unit 3 Assignment: Ethics in Forensic Evaluations Jordan Kuhs Capella University 1

Ethics in Forensic Evaluations My mock client, Pearl Hernandez is the parent of Gabriel Hernandez. Ms. Hernandez has been referred to my office, Kuhs Clinical and Forensic Services: Jordan Kuhs Ph.D., L.P. Clinical and Forensic Psychologist, by the Honorary Mary A. Madden, Family Court Judge, 4 th Judicial District – Family Justice Center, for a child custody evaluation, and is to receive the Informed Consent form; and the Release of Information form. This assignment will assess the appropriate forms, the content of the forms, and the purpose of the forms in order to be given to clients for approval regarding child custody evaluations. The forms given to the client will adhere to the American Psychological Association’s Code of Conduct, Specialty Guidelines for Forensic Psychologists, and Mn Statutes 2150.7525 Informed Consent, 144.293 Release or Disclosure of Health Records, and 144.294 Records Relating to Mental Health. As a professional, dedicated to ethical conduct, it is required that I inform clients of their rights during the evaluation process, to include the limitations and differences between the procedures and settings of forensic evaluations and non-forensic evaluations (APA, 2016). 2

Ethics in Forensic Evaluations INFORMED CONSENT CHILD CUSTODY EVALUATION This Forensic Psychological Evaluation is being conducted by Jordan Kuhs, PhD., Clinical Forensic Psychologist, at the request of __________________________________________. In order to serve optimally as a court-appointed examiner, I must be free to avail myself of any and all information, from any source, that I consider pertinent and reasonable to have. In this way, I believe I can serve best the interests of the children and parents involved in such conflicts. This written form is to inform you about the evaluation process. It is important that you understand that this informed consent does not constitute entering into a therapeutic relationship. This informed consent is for the sole purpose of the facilitation of a forensic psychological evaluation regarding your case, and therefore the therapist-patient confidentiality and privilege does not apply. Any private report written to your attorney will remain under attorney-client confidentiality, unless your attorney determines that said report should be provided to the court, which at that time the report will no longer be private and confidential. The report that is available to your attorney and to the court, may also be available to the prosecutor (if applicable). I ensure that I will use my professional judgement as to what is included in the report. It is important that you understand that anything you tell me can be used in the report; and if I am asked to testify in court. This evaluation will consist of two parts: (in addition, it may be necessary to review other related materials such as court records, depositions, transcripts, medical records, etc.) 1. Psychological testing: the type of test(s), proper instruction, and all applicable requirements relating to the test(s). 2. Interviews: Parent(s), child(ren), immediate family, and any and all other sources of information that I deem necessary. The goal of this evaluation is to provide information to the individual, agency, or court requesting the evaluation. The purpose of this evaluation is to answer the court’s referral questions, and to provide information regarding your child custody case in order for the court to make a determination on custody. Please read each item carefully and sign below indicating that you understand.  I understand that my psychological status is being evaluated in connection with 3

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Ethics in Forensic Evaluations my legal case and that a formal report will be written based on the results of this evaluation.  I understand that this evaluation involves psychological tests, and that the results will be provided to the court.  I understand that this release is for the purpose of facilitating forensic consultation and not for therapy and there is no therapist-patient privilege or confidentiality.  I understand that my participation in this evaluation is voluntary and that the evaluation will not be conducted without my signature on this document. I understand that I also have the right to stop the evaluation at any time and that there may be legal consequences if I do stop the evaluation. I understand that if I do decide to stop the evaluation, it would be in my best interest to consult with my attorney before doing so.  I understand that, at any time, I have a question about any aspect of the evaluation or these procedures, I can ask the forensic evaluator. In addition, if at any time, I need a break from the evaluation, I can inform the forensic evaluator, and the evaluation will stop. Once the evaluation is completed, and with the permission of the requesting party, I understand that the forensic evaluator may be able to have a meeting with me to explain the results and answer any questions I might have.  I understand that the forensic evaluator may be asked to testify about me and this evaluation related to my legal case.  I understand that even if I interrupt or discontinue with the assessment, it is possible (depending on applicable laws, on rulings by the court, and/or decisions by the attorney in this case) that the forensic evaluator may be called upon to submit a report and testify, even if the evaluation is incomplete.  I understand that information may also be gathered from unannounced home visits or observations of transitions and that I also agree to participate in random drug or alcohol testing, with the method of testing to be determined by the court.  I understand that state laws may require the evaluator to disclose otherwise privileged information in situations of suspected child or elder abuse, of suspected potential to harm oneself or to another. If a determination is made that I am dangerous to myself or another person, or if I reveal information that a child under the age of 18 has been abused, I understand the requirement to release this information if a court orders the 4

Ethics in Forensic Evaluations forensic evaluator to do so. There may be other examples where the laws require the release of information obtained during the evaluation in instances where the court shall order the disclosure of privileged information. These situations will be discussed on a case-by-case basis.  I understand that once a decision has been made to use the report in a legal proceeding, the report and any information pertaining to it will probably be admissible into evidence as well as any other information that was provided concerning mental health and functioning. If there are any concerns about the use or distribution of the report, I can discuss those issues with my attorney.  I agree that this is a legally binding document and that I fully understand the rights, privacy, and privileges that I waive by signing this agreement.  By signing below, I indicate that I understand and agree to the nature and purpose of this evaluation, to the ways in which it may be reported, and to each of the points listed above.  I understand that, unless noted otherwise, a photocopy of this form as well as my signature is as valid as the original. Signature: ___________________________________ Date: ___________________ Print Name: __________________________________ 5

Ethics in Forensic Evaluations Jordan Kuhs Clinical and Forensic Services, LLC. 7701 S. Hennepin Ave. Minneapolis, MN 55407 612-867-5309 CONSENT TO RELEASE OR EXCHANGE INFORMATION Client Name(s): __________________________________ ______________________________________________ Address: _____________________________________________________________________________ Phone: ______________________ D.O.B.: ______________ Social Security #: _____________________ I authorize Jordan Kuhs, Ph.D., of Jordan Kuhs, Clinical and Forensic Services, LLC., to release/exchange the following Protected Health Information with named person or agency: Name/Agency: ___________________________________ Address: _____________________________________________________________________________ Phone: ____________________________________ Fax: ______________________________________ Verbal and/or Written Communication – includes all methods consented to below: ____ All Records Or choose as applicable: ____ Educational Records (Academic, Behavioral Records, Individual Education Plans and School Psychology Reports) ____ Diagnostic Assessment/Psychological Evaluations ____ Progress Notes ____ Treatment Plan and/or Discharge Summary____ Chemical Abuse/Dependency Report 6

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Ethics in Forensic Evaluations ____ Medical Records and Reports (including related services) ____ Diagnosis ____ Any other pertaining information ____ Other (specify) ________________________________________________________________ This information is for the purpose of: ____ Coordination of Care ____ To fulfill a court order/ or other legal obligations ____ Disability Determination ____ Employment ____ Insurance Purposes/Workman’s Compensation I consent to the use of: ___fax ___phone ___mail ___in person ___email ___other_____________________ to transmit the above authorized information with the understanding that complete confidentiality cannot always be guaranteed. I understand that I have the legal right to revoke the release of the information listed on this authorization, submitted in writing to Jordan Kuhs Clinical and Forensic Services. I have been instructed as to what information will be released, the purpose and intended use of the released information, who will receive the information and any known consequences of this release. The information released is private and any subsequent use and release must comply with current federal and state laws regarding release of such information. A photocopy of this release will be treated in the same manner as the original. I understand that this information will be disclosed to the courts following the forensic evaluation by Jordan Kuhs, Clinical and Forensic Services, LLC. I understand that this authorization will automatically expire one year after the date of my signature below or when the above stated purpose(s) is/are fulfilled. ____________________________________________ ____________________________ Signature of Client or Parent/Guardian Date ____________________________________________ ____________________________ Printed Name of Client or Parent/Guardian Relationship to Client 7

Ethics in Forensic Evaluations When it comes to the differences between Clinical and Forensic Assessments, I previously had no idea that there was a difference. Now that I know the differences, it makes perfect sense as to why those differences. When factoring in the purpose of Clinical and Forensic assessments, clinical assessments are geared more towards diagnosis and treatment needs; forensic assessments incorporate more of the legal system, where clinical matters are only sometimes considered. In clinical settings, there is the establishment of a therapeutic relationship; where the therapist is interested in the psychological well- being and of treating the client’s impairments. In Forensic evaluations, there is no therapeutic relationship and it is made clear in the informed consent that there is a distinction between the two types of assessments and the importance in the client fully understanding the difference. Forensic assessments are usually ordered by the court, or when a forensic psychologist is hired by an individual in a legal proceeding. Clinical assessments are typically based completely on a voluntary nature; where the client contacts the therapists’ office seeking therapeutic help. Forensic assessments can be of a small timeframe from start to finish, or can take months to complete. Clinical assessments may take a short time at the beginning of the first and/or second sessions of therapy, but the therapy sessions can go on for even years. The client’s perspective in a clinical setting is highly regarded, whereas in a forensic setting, the client’s perspective is never part of the process. Forensic assessments are usually done in an involuntary status, at the request of a judge or employer for example. Clinical therapy is almost always done voluntarily. The objectives in forensic evaluations are at the discretion of the evaluator and the relevant laws; people seeking therapeutic help often play a big role regarding the process because it is important for them to have control over their healing and progress. There is also a great element of empathy in clinical therapeutic settings, but in Forensic settings the opposite couldn’t be more true. In therapy, the setting is usually the therapists’ office space that is set up to be peaceful and welcoming, with the schedule set by the patient and therapists for convenience. Forensic evaluations can be done according to the court’s schedule, and may not be convenient for either party. The setting can also not be ideal, taking place in the client’s home during parent fitness testing for example, or in a prison regarding an assessment ordered by the criminal court. 8

Ethics in Forensic Evaluations References: American Psychological Association. (2017). Ethical Principles of Psychologists and Code of Conduct. Retrieved from https://www.apa.org/ethics/code/index American Psychological Association. (2013). Specialty Guidelines for Forensic Psychology. American Psychologist. (68)(1), 7-19. https://www.apa.org/pubs/journals/features/forensic-psychology.pdf Fisher, C. (2023). Decoding The Ethics Code: A Practical Guide for Psychologists. Sage Publications, inc. Melton, G. B., Petrila, J., Poythress, N. G., Slobogin, C., Otto, R. K., Mossman, D., & Condie, L. O. (2017). Psychological evaluations for the courts, fourth edition: A handbook for mental health professionals and lawyers . Guilford Publications. The Journal of the American Academy of Psychiatry and the Law . (2014). Vol 42, Issue 4. Pages S3-S76 9

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version