Following are some examples of these situations and the relevant sections Of California law. Child, elder, and dependent adult abuse mandate reporting: In these situations, the therapist has, in addition to a therapeutic relationship with his/her client, a legal and ethical obligation to protect the child or any other potential victim. The California Penal Code, Sections 11164-11166, requires that mandated reporters, such as psychotherapists, make a report of child abuse whenever a "reasonable suspicion" of child abuse exists. A child abuse report is mandated whenever a therapist learns about the abuse in his or her professional capacity. Sections 15610, 15630-15634 of the California Welfare and Institution Code require reporting of physical abuse, abandonment, isolation, financial abuse, or neglect of any elder or dependent adult under certain circumstances. A report is required if the therapist observes or has knowledge of the abuse, or the patient reveals information about being abused. Types of child abuse: physical abuse, sexual abuse, neglect, willful cruelty, unjustifiable punishment, and unlawful, corporal punishment and injury. AB 525 (Chu) Child Abuse Reporting.  Prior to Jan. 1st, 2007 the law authorizes but does not require the reporting of instances where a child suffers or is at substantial risk of suffering serious emotional damage ("emotional abuse"). The new law, in effect on Jan. 1st, 2007:  "Emotional abuse" may be reported, but is not required to be reported. Confidentiality protections for mandated reporters also apply to those who report "emotional abuse." Those who report "emotional abuse" to receive the same feedback as they would when making a mandated report of child abuse upon a final disposition of a case. The law confirms the procedures for reporting of "emotional abuse" to certain existing procedures applicable to mandated reporting. When a client reports having sex with a former therapist: In this situation, the therapist has, in addition to his/her therapeutic relationship with the client, a legal obligation to consider the welfare of other clients who may be harmed by the violating therapist. The California Business and Professional Code and the Civil Code (Section 43.93) discuss sexual exploitation of clients by therapists. In California, it is illegal for a psychotherapist to engage in sexual contact with a patient or former patient under any of the following circumstances: a. during therapy; b. within two years of termination of therapy; and c. by means of therapeutic deception. (Psychotherapist-patient sexual contact by means of therapeutic deception is illegal.) Any therapist in California who becomes aware, from a patient, that the patient had a sexual relationship with a psychotherapist during the course of treatment, has the legal obligation to give the patient the brochure entitled, "Professional Therapy Never Includes Sex", and to discuss the brochure with the patient. Tarasoff duty to warn situations: In these situations, the therapist has, in addition to the therapeutic relationship with the client, a legal obligation to consider the welfare of potential victims. California Civil Code 43.92 clarifies the Tarasoff Statute and states, with regard to the duty to warn "where the patient has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims." In these situations, the psychotherapist's duty is to make a "reasonable effort to communicate the threat to the victim or victims and to a law enforcement agency." Failure to act may also result in potential civil liabilities. [California Evidence Code 1024 states that there is no privileged communication if the therapist has reasonable cause to believe that the client is in such a mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.] Important New Ruling regarding Tarasoff Mandated Reporting: In July 2004 California Court Extends Tarasoff Mandated Reporting Standard. Ewing v. Goldstein is a recent California appeals court decision that extended the interpretation of the Tarasoff warning law. The court expanded the definition of Civil Code § 43.92 to "include family members as persons covered within the statute who, upon communication to a therapist of a serious threat of physical violence against a reasonably identifiable victim, would trigger a duty to warn." The court states in Goldstein: "The intent of the statute is clear. A therapist has a duty to warn if, and only if, the threat which the therapist has learned - whether from the patient or a family member - actually leads him or her to believe the patient poses a risk of grave bodily injury to another person." The expanded duty from now on applies to credible threats received from the patient, or the patient's family, however, the court made clear that its decision did not go beyond "family members." For updated information of the effect of Ewing v. Goldstein decision on therapists' reporting, click here. Psychological Assistants and MFT or LSCW interns: In these cases, the law mandates a complex dual relationship where the therapist has a supervisory obligation to the supervisee or intern and has a clinical, ethical, and legal responsibility to the clients seen by the psychological assistant, MFT intern, or LCSW intern. The California Business and Professional Codes 2910/11/13 and 1387 cover the regulations for psychological assistants and 4980 discusses the intern status of MFTI. The codes clearly mandate the supervisor's responsibility for the welfare of the supervisee's clients thus creating inevitable dual relationships as described above. Court mandate to provide medical records: In these situations, therapists find themselves in dual relationships and often faced with incompatible dual obligations. They have clinical, ethical, and legal obligations to their clients and, additionally, legal obligations to the courts. California Evidence Codes 1014 and 1015 deal with issues of subpoenas. APA Ethics Code Standard 5.05 also covers the issue of disclosure. Generally, therapists are advised to first assert privileged communication on behalf of the patient and refuse to release information unless the client allows it. In the case where a client either opposes the disclosure or it is obvious that it can harm him/her, the therapist is presented with a dilemma. Even if the therapist asserts privileged communication, the court may still demand the records. Unless you want to take the risk of being charged with contempt of court, you will have to release the requested information, which may place you in a very difficult conflict with your client.

California Laws and Regulations relating to the Practice of Psychology The parts of California law most relevant to the topic of law and dual relationships and boundaries in psychotherapy and counseling are in the following Business and Professional Code of California Psychologists: Chapter 6.6 MFTs: Division 2, Chapter 13, Article 1-7, Sections 4980 through 4989. LCSWs: Division 2, Chapter 14, Articles 1-4, Sections 4990 - 4998.7. For regulations online: Business and Professional Code of California Psychologists' regulations MFTs and LCSWs regulations Professional Therapy Never Includes Sex. A brochure by CA Department of Consumer Affairs The following Codes of Ethics apply to California psychologists, MFTs and LCSWs: American Psychological Association (APA) California Association of Marriage and Family Therapists (CAMFT) National association of Social Workers (NASW) Special report and analysis of the different Codes of Ethics on Dual Relationships Special report and analysis of the different Codes of Ethics on Bartering Bartering in Therapy

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