CA MFT LAW & ETHICS EXAM QUESTIONS WITH
VERIFIED ANSWERS
What is "privilege," and who holds it?
Privilege protects client records from being disclosed in court. The client holds the
privilege but a therapist can assert it on their behalf.
When must an MFT report suspected child abuse?
Immediately by phone and within 36 hours in writing to CPS or law enforcement.
When must an MFT report elder or dependent adult abuse?
If you do hear of abuse directly from the victim, you must report it.
If not taken in a long term facility:
Immediately by phone or internet report to local adult protective services or law
enforcement and within 2 working days in writing if the abuse occurs in a care facility
If taken in a long term facility:
Immediately by verbal report (no more than 2 hours) to local law enforcement and
written report within 24 hours to long term care ombudsman, law enforcement & facility's
state licensing agency.
In a state mental health hospital or state development center:
Immediately (no more than 2 hours of suspected abuse)
The 14th Birthday Rule:
If one partner is 14 years or older, and the other is under 14 the therapist must report.
(if both partners are under 14, it's up to therapist clinical judgment)
"Lewd and Lascivious acts", when is it reportable?
Lewd and Lascivious acts include non-penetrative sexual behaviors like mutual
masturbation
These acts are reportable if performed on a minor under age 14, regardless of the age
of the partner.
If the act is performed on a minor age 14 or 15, it is reportable if the partner is 10 or
more years older than the minor.
, The 21/16 Rule:
If one sexual partner is old enough to drink (at least 21), the other partner needs to be
old enough to drive (at least 16)
"Drinking & Driving"
Who can conset for treatment of a minor?
Parents provide consent for treatment.
If minor has legal parents (marriage or both have parental rights), then either parent can
provide consent.
If minor's parents are divorced, the MFT can request a copy of the cusotdy order to
determine which parent's consent is necessary for the minor's treatment.
Joint custody = Either parent can provide consent on their own.
Sole custody = Only the parent with sole custody can provided consent.
Can a minor consent for their own treatment?
Yes, minors as young as 12 years old can consent to therapy on their own if the minor
is mature enough to participate intelligently in treatment.
After meeting with the minor, the therapist must either try to contact the minor's parents
to involve them in treatment (and document that effort), or document why they believe
doing so would be harmful.
Who is responsible for a minor's treatment payment?
When a minor is being treated under parental consent, the parents can be held
responsible for payment.
When a minor being treated under the minor's independent consent, the parents cannot
be required to pay for treatment in which the parents are not participating.
When is an MFT legally required to break confidentiality?
Suspected child abuse.
Suspected elder or dependent adult abuse.
Danger to self or others.
Legal authorization, such as a court order or client release.
Other, less common instances where disclosure is required.
VERIFIED ANSWERS
What is "privilege," and who holds it?
Privilege protects client records from being disclosed in court. The client holds the
privilege but a therapist can assert it on their behalf.
When must an MFT report suspected child abuse?
Immediately by phone and within 36 hours in writing to CPS or law enforcement.
When must an MFT report elder or dependent adult abuse?
If you do hear of abuse directly from the victim, you must report it.
If not taken in a long term facility:
Immediately by phone or internet report to local adult protective services or law
enforcement and within 2 working days in writing if the abuse occurs in a care facility
If taken in a long term facility:
Immediately by verbal report (no more than 2 hours) to local law enforcement and
written report within 24 hours to long term care ombudsman, law enforcement & facility's
state licensing agency.
In a state mental health hospital or state development center:
Immediately (no more than 2 hours of suspected abuse)
The 14th Birthday Rule:
If one partner is 14 years or older, and the other is under 14 the therapist must report.
(if both partners are under 14, it's up to therapist clinical judgment)
"Lewd and Lascivious acts", when is it reportable?
Lewd and Lascivious acts include non-penetrative sexual behaviors like mutual
masturbation
These acts are reportable if performed on a minor under age 14, regardless of the age
of the partner.
If the act is performed on a minor age 14 or 15, it is reportable if the partner is 10 or
more years older than the minor.
, The 21/16 Rule:
If one sexual partner is old enough to drink (at least 21), the other partner needs to be
old enough to drive (at least 16)
"Drinking & Driving"
Who can conset for treatment of a minor?
Parents provide consent for treatment.
If minor has legal parents (marriage or both have parental rights), then either parent can
provide consent.
If minor's parents are divorced, the MFT can request a copy of the cusotdy order to
determine which parent's consent is necessary for the minor's treatment.
Joint custody = Either parent can provide consent on their own.
Sole custody = Only the parent with sole custody can provided consent.
Can a minor consent for their own treatment?
Yes, minors as young as 12 years old can consent to therapy on their own if the minor
is mature enough to participate intelligently in treatment.
After meeting with the minor, the therapist must either try to contact the minor's parents
to involve them in treatment (and document that effort), or document why they believe
doing so would be harmful.
Who is responsible for a minor's treatment payment?
When a minor is being treated under parental consent, the parents can be held
responsible for payment.
When a minor being treated under the minor's independent consent, the parents cannot
be required to pay for treatment in which the parents are not participating.
When is an MFT legally required to break confidentiality?
Suspected child abuse.
Suspected elder or dependent adult abuse.
Danger to self or others.
Legal authorization, such as a court order or client release.
Other, less common instances where disclosure is required.
