L&E Final Exam Actual Exam | All Questions And Correct Answers | Graded
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Confidentiality falls into what three types of issues? - (CORRECT ANSWER)Therapeutic, legal
& ethical issues
What is a leading cause of ethical complaints? Litigation for malpractice? - (CORRECT
ANSWER)Confidentiality
4th most frequent basis of disciplinary action
According to the NASW Code of Ethics, social workers should protect confidentiality of all info
except for when? - (CORRECT ANSWER)Compelling professional reasons
As necessary to prevent "serious, foreseeable, and imminent harm" to a client or other
identifiable person.
To what level of detail should confidentiality be broken when necessary? - (CORRECT
ANSWER)In these instances, professionals should disclose the least amount of confidential
information necessary to achieve the desired purpose; only information that is directly relevant
to the purpose for which the disclosure is made should be revealed.
What type of consent is required in order for mental health professionals to disclose to third
parties? - (CORRECT ANSWER)Written
Verbal - in emergency situations only
What are the exceptions to confidentiality? - (CORRECT ANSWER)Under California law, there
are several exceptions to the confidentiality of psychotherapy. The primary exceptions to
confidentiality concern harm to self or others:
1
,Where there is a reasonable suspicion that a client is likely to harm him or herself unless
protective measures are taken.
Where there is a reasonable suspicion of child abuse or elder adult physical abuse (see Mandated
Reporting section);
Where there is a reasonable suspicion of the potential for danger of violence to others (see Duty
to Warn section);
What is reasonable suspicion according to Lowenthal Child Abuse Reporting guidelines? -
(CORRECT ANSWER)1. Reasonable suspicion does not require certainty that child abuse or
neglect has occurred;
2. Reasonable suspicion does not require a specific medical indication of child abuse or neglect;
any reasonable suspicion is sufficient; and
3. Reasonable suspicion may be based on any information considered credible by the reporter,
including statements from other individuals.
How should a therapist approach treatment confidentiality with families or couples? -
(CORRECT ANSWER)It is important for the provider to be specific with regard to
confidentiality issues and to seek agreement among the parties involved concerning each
individual's right to confidentiality and obligation to preserve the confidentiality of information
shared by others.
How should a therapist approach treatment confidentiality with groups? - (CORRECT
ANSWER)The mental health provider cannot guarantee that group members will keep
information confidential and this information is important to share with all group members in
advance of group psychotherapy.
Can clients access their therapeutic medical record? - (CORRECT ANSWER)Yes - clinicians are
ethically mandated to support clients in record review. Per the NASW ethical code: "Social
workers should provide clients with reasonable access to records concerning the clients. Social
workers who are concerned that clients' access to their records could cause serious
2
,misunderstanding or harm to the client should provide assistance in interpreting the records and
consultation with the client regarding the records. Social workers should limit clients' access to
their records, or portions of their records, only in exceptional circumstances when there is
compelling evidence that such access would cause serious harm to the client. Both clients'
requests and the rationale for withholding some or all of the record should be documented in
clients' files."
What is privileged communication? - (CORRECT ANSWER)Privileged communication refers
to a private statement that must be kept in confidence by the recipient for the benefit of the
communicator."
How many privileges are there in CA? - (CORRECT ANSWER)13 recognized
Who holds the privilege? - (CORRECT ANSWER)Client if no guardian or conservator
If so, guardian/conservator holds it
Who holds privilege if client is dead? - (CORRECT ANSWER)Personal representative
If you want to release information from a group, family or couple, what must you do? -
(CORRECT ANSWER)• If your identified patient is a group, family, or couple you must receive
a waiver from each and every member of the group before you can release any information.
Do minor children hold privilege? - (CORRECT ANSWER)Yes - If your patient is a minor
child, he or she holds the privilege. A minor's parents do not hold the privilege for the minor.
The only time a parent could hold the privilege for the minor is if the court has specifically
appointed the parent as a guardian ad litem
How is privilege asserted for minors with regard to attorneys? - (CORRECT ANSWER)• If your
patient is a minor, you must assert the privilege on his or her behalf. If the minor has an attorney,
the attorney can make the decision to waive or assert the privilege.
3
, What does the NASW Code of Ethics say about when the law orders social workers to break
confidentiality without client permission? - (CORRECT ANSWER)Social workers should
protect the confidentiality of clients during legal proceedings to the extent permitted by law.
When a court of law or other legally authorized body orders social workers to disclose
confidential or privileged information without a client's consent and such disclosure could cause
harm to the client, social workers should request that the court withdraw the order or limit the
order as narrowly as possible or maintain the records under seal, unavailable for public
inspection." Although it is ethically preferable, then, not to reveal treatment information, this
may still be required by the court.
What could happen if a provider receives a subpoena from an attorney to provide copies of
clinical records? - (CORRECT ANSWER)waive privilege and allow the provider to provide the
subpoenaed information; or
invoke privilege and refuse to allow the release of information.
In the latter case, the judge will determine whether the treating professional must release
information and the judge can issue a court order.
What is required in order for a social worker to be forced to provide information even though
privilege is invoked? - (CORRECT ANSWER)Court order by the judge
In CA, how old must minors be to consent to mental health treatment or counseling if 2
requirements are met? What are the requirements? - (CORRECT ANSWER)12
a) The minor, in the opinion of the attending professional person, is mature enough to participate
intelligently in the outpatient services or residential shelter services
AND
4
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Confidentiality falls into what three types of issues? - (CORRECT ANSWER)Therapeutic, legal
& ethical issues
What is a leading cause of ethical complaints? Litigation for malpractice? - (CORRECT
ANSWER)Confidentiality
4th most frequent basis of disciplinary action
According to the NASW Code of Ethics, social workers should protect confidentiality of all info
except for when? - (CORRECT ANSWER)Compelling professional reasons
As necessary to prevent "serious, foreseeable, and imminent harm" to a client or other
identifiable person.
To what level of detail should confidentiality be broken when necessary? - (CORRECT
ANSWER)In these instances, professionals should disclose the least amount of confidential
information necessary to achieve the desired purpose; only information that is directly relevant
to the purpose for which the disclosure is made should be revealed.
What type of consent is required in order for mental health professionals to disclose to third
parties? - (CORRECT ANSWER)Written
Verbal - in emergency situations only
What are the exceptions to confidentiality? - (CORRECT ANSWER)Under California law, there
are several exceptions to the confidentiality of psychotherapy. The primary exceptions to
confidentiality concern harm to self or others:
1
,Where there is a reasonable suspicion that a client is likely to harm him or herself unless
protective measures are taken.
Where there is a reasonable suspicion of child abuse or elder adult physical abuse (see Mandated
Reporting section);
Where there is a reasonable suspicion of the potential for danger of violence to others (see Duty
to Warn section);
What is reasonable suspicion according to Lowenthal Child Abuse Reporting guidelines? -
(CORRECT ANSWER)1. Reasonable suspicion does not require certainty that child abuse or
neglect has occurred;
2. Reasonable suspicion does not require a specific medical indication of child abuse or neglect;
any reasonable suspicion is sufficient; and
3. Reasonable suspicion may be based on any information considered credible by the reporter,
including statements from other individuals.
How should a therapist approach treatment confidentiality with families or couples? -
(CORRECT ANSWER)It is important for the provider to be specific with regard to
confidentiality issues and to seek agreement among the parties involved concerning each
individual's right to confidentiality and obligation to preserve the confidentiality of information
shared by others.
How should a therapist approach treatment confidentiality with groups? - (CORRECT
ANSWER)The mental health provider cannot guarantee that group members will keep
information confidential and this information is important to share with all group members in
advance of group psychotherapy.
Can clients access their therapeutic medical record? - (CORRECT ANSWER)Yes - clinicians are
ethically mandated to support clients in record review. Per the NASW ethical code: "Social
workers should provide clients with reasonable access to records concerning the clients. Social
workers who are concerned that clients' access to their records could cause serious
2
,misunderstanding or harm to the client should provide assistance in interpreting the records and
consultation with the client regarding the records. Social workers should limit clients' access to
their records, or portions of their records, only in exceptional circumstances when there is
compelling evidence that such access would cause serious harm to the client. Both clients'
requests and the rationale for withholding some or all of the record should be documented in
clients' files."
What is privileged communication? - (CORRECT ANSWER)Privileged communication refers
to a private statement that must be kept in confidence by the recipient for the benefit of the
communicator."
How many privileges are there in CA? - (CORRECT ANSWER)13 recognized
Who holds the privilege? - (CORRECT ANSWER)Client if no guardian or conservator
If so, guardian/conservator holds it
Who holds privilege if client is dead? - (CORRECT ANSWER)Personal representative
If you want to release information from a group, family or couple, what must you do? -
(CORRECT ANSWER)• If your identified patient is a group, family, or couple you must receive
a waiver from each and every member of the group before you can release any information.
Do minor children hold privilege? - (CORRECT ANSWER)Yes - If your patient is a minor
child, he or she holds the privilege. A minor's parents do not hold the privilege for the minor.
The only time a parent could hold the privilege for the minor is if the court has specifically
appointed the parent as a guardian ad litem
How is privilege asserted for minors with regard to attorneys? - (CORRECT ANSWER)• If your
patient is a minor, you must assert the privilege on his or her behalf. If the minor has an attorney,
the attorney can make the decision to waive or assert the privilege.
3
, What does the NASW Code of Ethics say about when the law orders social workers to break
confidentiality without client permission? - (CORRECT ANSWER)Social workers should
protect the confidentiality of clients during legal proceedings to the extent permitted by law.
When a court of law or other legally authorized body orders social workers to disclose
confidential or privileged information without a client's consent and such disclosure could cause
harm to the client, social workers should request that the court withdraw the order or limit the
order as narrowly as possible or maintain the records under seal, unavailable for public
inspection." Although it is ethically preferable, then, not to reveal treatment information, this
may still be required by the court.
What could happen if a provider receives a subpoena from an attorney to provide copies of
clinical records? - (CORRECT ANSWER)waive privilege and allow the provider to provide the
subpoenaed information; or
invoke privilege and refuse to allow the release of information.
In the latter case, the judge will determine whether the treating professional must release
information and the judge can issue a court order.
What is required in order for a social worker to be forced to provide information even though
privilege is invoked? - (CORRECT ANSWER)Court order by the judge
In CA, how old must minors be to consent to mental health treatment or counseling if 2
requirements are met? What are the requirements? - (CORRECT ANSWER)12
a) The minor, in the opinion of the attending professional person, is mature enough to participate
intelligently in the outpatient services or residential shelter services
AND
4
