LCSW Law & Ethics Practice Test Solved 100%

1. Two social workers are dating. They are at dinner and they are talking about their clients. They discover that each of them is seeing a different member of the same couple for individual therapy. What should these social workers do? Content Area: Law: Confidentiality, Privilege, and Consent This question is about the legal responsibility of social workers outside of the therapeutic setting discussing a client. A. No action is necessary since licensed health professionals may consult for purposes of diagnosis and treatment without a release. B. Stop the discussion and obtain releases so that such discussions in the future do not breach confidentiality. C. Stop the discussion and do not talk about these clients again. D. There are no legal or ethical guidelines requiring social workers in such situations to do anything. - ANSWERC. Stop the discussion and do not talk about these clients again. The rules of confidentiality would require the social workers to stop the discussion and not talk about these clients. 2. Revocation of a LCSW's license after having been found to have engaged in sexual misconduct with a client would occur after: Content Area: Ethics: Professional Competence and Preventing Harm This question tests your knowledge of the penalties for social workers having sex with a client. A. A social worker filed a complaint with the BBS on behalf of a client. B. The BBS found that the therapist terminated therapy in order to pursue a sexual relationship. C. The social worker gives the client the pamphlet "Professional Therapy Never Includes Sex" and discusses it with the client. D. The BBS cites the offending social worker within 10 years of the statute of limitations. - ANSWERB. The BBS found that the therapist terminated therapy in order to pursue a sexual relationship. Terminating therapy in order to pursue a sexual relationship with a client is prohibited. 3. Your client, George, tells you that his mother just got remarried. He tells you that he is worried that the new husband's children are going to go after his inheritance. He tells you that he has very little contact with the new family and wants to keep it that way. What is your legal obligation? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question tests your knowledge of how to proceed when you may need to assess for or report elder abuse. A. You must asses for elder abuse, considering "undue influence" regarding the mother's estate. B. You should refer the client to an attorney to determine if he has a case. C. Maintain confidentiality because you do not know the age of the mother. D. Report elder abuse, considering "abandonment" because he has "very little contact" with his mother. - ANSWERC. Maintain confidentiality because you do not know the age of the mother. You would maintain confidentiality because you do not know his mother's age and you do not have "reasonable suspicion" of elder abuse. 4. Ki is a 26-year-old Korean who immigrated to the U.S. with his father 10 years ago. Ki wants to be an artist but his father has saved his money and demands that Ki goes to medical school like his grandfather. Ki says he's depressed and he would rather die than become a doctor. He says he's too stupid to pass the classes in medical school anyway. He doesn't know how to tell his father. The social worker determines that Ki is not suicidal. The most appropriate ethical intervention is to: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical obligations that pertain to cultural competence. A. Recognize the importance of cultural considerations and acknowledge that Ki may have to follow his father's wishes. B. Ask Ki to bring his father in for a family session because of cultural values that encourage respect for elders. C. Inform Ki that the risks and benefits o - ANSWERC. Inform Ki that the risks and benefits of therapy may be that he "finds himself" but may change some of his family values. Informing a client about the risks and benefits of therapy which includes altering their sense of self and their family, is an ethical obligation. 5. June discloses that she had been molested by a step-brother when she was 15. She is now 28 and was divorced from her husband three years ago. Before seeing you, she saw another therapist and she has just told you that she had sex with him. She wants therapy to focus on the stormy relationship issues that led to her divorce, not on past sexual molestation or exploitation. You would: Content Area: Law: Legal Standards for Professional Practice, tests your understanding of the legal responsibilities of therapists who learn that a client has had sex with a previous therapist. A. Respect her wishes and continue to focus on resolving the issues on which she wants to work. B. Give her the brochure "Professional Therapy Never Includes Sex" and discuss her options. C. Report the therapist to the BBS to protect the other therapist's present and future clients. D. Work on the sexual exploitation in therapy. - ANSWERB. Give her the brochure "Professional Therapy Never Includes Sex" and discuss her options. Therapist sex with a client is prohibited. When a client reveals that s/he has had sex with a former therapist, the treating mental health professional is required to give her/him the brochure "Professional Therapy Never Includes Sex," as well as discuss it with them. 6. Dr. Sveda has been treating Carliss for seven years during which time the fee has been $50. Carliss finally earns his Ph.D. and gets a job for substantially more money than he had been making. Dr. Sveda tells Carliss he'd like to revisit the fee that Carliss has been paying. Carliss becomes quite upset and tells Dr. Sveda that it would be unethical for him to raise the fee. Dr. Sveda calls for consultation and is given the proper answer which is that social workers are discouraged from increasing a client's fees: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of ethical considerations in raising client fees. A. Without providing adequate notice. B. To avoid exploitation of the client. C. Unless all client fees are increased. D. According to strict ethical standards for the mental health profession. - ANSWERA. Without providing adequate notice. Ethical standard standards require that clients be given notice of fee increases before they occur. 7. Joe and Marcie Green and their three children ages 12, 15 and 17, have been in family therapy with you for about 9 months on a regular basis. Joe says that they are getting along much better. Marcie says that the children seem to be willing to spend more time at home and are arguing less with each other. They think that things are so much better that they are ready to end treatment. What is your ethical obligation after deciding to terminate family therapy? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the ethical obligations that pertain to provide clients with information about the therapeutic process, which includes termination. A. Recommend staying in therapy if there are any regressive symptoms in any individual. B. Document your agreement with them that they are ready to terminate. C. Recommend individual therapy if there are any regressive symptoms in any - ANSWERC. Recommend individual therapy if there are any regressive symptoms in any individual. If the family wants to terminate but one person might still be in need of individual treatment, it would be ethical to recommend this. 8. Which of the following is true in a court custody case? Content Area: Law: Confidentiality, Privilege, and Consent This question examines the parameters of privilege. A. A minor does not hold his/her own privilege. B. The court may appoint an attorney to represent the best interests of the child. C. The parents can waive their child's privilege. D. The parents' attorney can waive privilege on behalf of the child. - ANSWERB. The court may appoint an attorney to represent the best interests of the child. The courts can assign a guardian ad litem, if needed, to represent the best interests of the child. 9. How should physical abuse of a dependent adult be reported by a mental health professional? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question tests your understanding of the legal issue of reporting dependent adult abuse. A. If there is serious bodily harm, within 24 hours. B. By telephone within two working days and in writing as soon as possible. C. By telephone as soon as possible and in writing within two working days. D. By telephone as soon as possible and in writing within 36 hours. - ANSWERC. By telephone as soon as possible and in writing within two working days. Mandated reporters must report dependent adult abuse "immediately or as soon as possible by telephone, and shall prepare and send a written report within two working days." 10. Jessica, age 14, comes to see you with her mother. She appears withdrawn and fatigued and refuses to speak with you. Her mother explains that in the last few months Jessica's behavior has changed drastically. How would you manage this family's treatment needs from an ethical perspective? Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of the steps to take in starting treatment with a new family unit. A. Explain the family systems model. B. If you are unable to make progress with the family, give them three referrals. C. Evaluate how willing the mother is to reframe the problem as the "family problem" rather than Jessica as the problem. D. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually. - ANSWERD. Discuss the risks and benefits of seeing them as a unit and of seeing Jessica individually. You would need to determine the unit of treatment before doing any of the other actions. 11. Your former supervisor refers a client to you and suggests that you split the client fee as you did while under her supervision. You would: Content Area: Ethics: Business Practices and Policies This question tests your knowledge of how to manage referrals that meets ethical obligations. A. Report this unethical behavior to the BBS. B. Negotiate a new split fee arrangement. C. Inform the supervisor that it is unethical to split fees. D. Inform the supervisor that since you are now a licensed social worker she can only get 25% of the client's total fee. - ANSWERC. Inform the supervisor that it is unethical to split fees. It is not ethical for LCSW's to split fees. NASW's ethical standards state that Licensed Clinical Social Workers do not offer or accept payment for referrals. *12. You are given an unwrapped book of inspirational religious poetry by one of your clients as a holiday gift. This book strongly contradicts your personal religious beliefs. You decide to: Content Area: Ethics: Professional Competence and Preventing Harm This question tests your ability to deal with the therapeutic alliance and potential counter-transference in light of gift-giving. A. Accept the gift in the spirit in which it was given and say nothing about your spiritual beliefs. B. Evaluate what would be in the client's best interests and how accepting or rejecting the gift might affect treatment. C. Gently explain to your client that you cannot accept such a personal gift. D. Thank the client for her thoughtfulness but let her know that your policy is that you don't accept gifts from clients. - ANSWERB. Evaluate what would be in the client's best interests and how accepting or rejecting the gift might affect treatment. Depending on the clinical issues, cost of the gift, length of time you've been seeing the client etc. this answer would allow you to act according to the client's needs. 13. Which of the following techniques would be considered out of a mental health professional's scope of competence if they did not receive the needed specialized training? Content Area: Law: Legal Standards for Professional Practice This question focuses on your knowledge of a mental health professional's scope of competence. A. Couples therapy B. Hypnotherapy C. Psychotherapy D. Adolescent therapy - ANSWERB. Hypnotherapy. Hypnotherapy needs specific additional training beyond the education required to obtain a mental health professional license. 14. You terminated therapy with Margaret after 3 years because she wanted to work with a therapist with her same sexual orientation. You gave her a referral to a new therapist who she has seen a few times. Several weeks later Margaret leaves you a message saying that she is having a conflict at work and wants to speak with you because only you can help her. When documenting this call you would: Content Area: Ethics: Therapeutic Relationship/Services This question tests your knowledge of how to document your care for a client, even a former client. A. Note that you told her that you cannot ethically treat her because she is already in treatment with another therapist. B. Indicate that you assessed her risk as "low" and suggested that she call her therapist C. Confirm that you had a signed termination agreement. D. Get a release to speak with her other therapist to coordinate care. - ANSWERB. Indicate that you assessed her risk as "low" and suggested that she call her therapist Although the client has terminated, you still have an ethical obligation that pertains to crisis management. If her crisis were acute, you would have to do more than simply refer her back to her therapist. *15. You've been treating a woman who is in the midst of a divorce. You receive a subpoena in the mail from her husband's lawyer asking for your client's records. You: Content Area: Law: Confidentiality, Privilege, and Consent This question tests your knowledge of how to respond to a subpoena. A. Contact your client to determine if she wants you to waive or assert privilege. B. Would contact the husband's lawyer and assert privilege. C. Ignore the subpoena since there is no one to whom you can assert privilege. D. Must comply with the subpoena since it is an official court document and you would otherwise be in contempt of court. - ANSWERA. Contact your client to determine if she wants you to waive or assert privilege. Clients hold their own privilege and a social worker must consult with the client to determine whether privilege is to be waived or asserted. 16. Mike, your 17-year-old client, has a history of fire-setting. He is in therapy as a result of a court order and his parents know he is in treatment. He tells you that he is angry with his ex-girlfriend and says that he plans to set fire to her house tonight. What should you do? Content Area: Law: Limits to Confidentiality/Mandated Reporting This question is assessing your ability to determine a Tarasoff situation. A. Call his parents so they can be sure that he doesn't go unsupervised. B. Maintain confidentiality. C. Call the police immediately and his ex-girlfriend's family. D. Call the police immediately. - ANSWERC. Call the police immediately and his ex-girlfriend's family. In the vignette described there is imminent peril and there is a reasonably identified victim(s). The Duty to Protect includes the mandate to notify the police first and a warning to the identified victim is permitted.