Ethics with Minors for Colorado Mental Health Professionals: How to Navigate the Most Challenging Issues

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Those of us who treat minors and their families experience a flood of emotions. There is confusion over changing ethical codes and laws, fear that the actions that we take will lead to long-term developmental damage, and anxiety that at any moment we might unintentionally cross a line that could jeopardize our professional license and put us in legal peril. In this environment, we can find ourselves impaired in our ability to function as professionals and help our clients. We’re left with more questions than answers to the question, “What Should I do”

Combining a step-by-step guide to an effective decision-making model, the most updated ethical codes and legal statutes, and lessons from 30 years in the trenches as a clinician and ethics professor, Terry Casey, PhD, HSP will give you a solid foundation for knowing exactly what to do in situations with minors and their families. You will have much more confidence about the course of action you take involving mandatory reporting, access to minors’ records, parental rights, boundary issues, touch, and others.

Get the peace of mind that you are ethically serving the needs of your most vulnerable clients.

1. Analyze legal and ethical responsibilities when working with minors in clinical practice, per relevant professional codes as well as federal and state laws.
2. Distinguish between consent and assent and the implication for providing ethical services to minor clients.
3. Outline confidentiality standards for minor clients and when limits to these standards can be applied to the clinical relationship.
4. Determine the ethical and legal course of action to take in situations involving conflicting desires of divorced parents of minor clients.
5. Explain the laws that govern mandatory reporting and how these impact ethical decision making in clinical practice.
6. Evaluate current clinical practice policies to ensure adequate protection involving issues of boundaries and physical touch.

WHY WORKING WITH MINORS IS DIFFERENT

• Vulnerability and power differentials
• Federal and state laws outlining legal responsibilities
• Issues involved with older adolescents

CONSENT RULES AND ISSUES INVOLVING MINORS

• Consent vs. assent
• Who can provide consent?
• Parental rights and consent rules
• Special rules for older adolescents
• Informed consent process

WHEN A MINOR IS (AND IS NOT) A CLIENT

• When does an individual become a client?
• Personal representatives
• Ethical vs. legal considerations

CONFIDENTIALITY STANDARDS AND LIMITS WITH MINORS

• Limits of confidentiality
• Communications with minors and parents
• Progressive scenarios technique
• Parental agreements

PARENTAL RIGHTS…AND WRONGS

• Default rights
• Special situations
• Exceptions

CONTROL OF MINORS’ RECORDS

• Health care vs. educational records
• HIPAA vs. FERPA
• Who has access?
• Responding to requests for records
• Clinical records and psychotherapy notes

CAUGHT IN THE MIDDLE OF DIVORCED PARENTS

• Informed consent process
• Parenting plans
• Other legal considerations
• Case example

MANDATORY REPORTING: THE “WHAT”, “WHEN” AND “TO WHOM”

• Mandatory reporting laws
• Federal definition of child abuse
• State laws
• Ethical considerations
• Case example

BOUNDARY ISSUES WITH MINORS

• Social media policies
• Multiple relationships
• Power differentials
• Virtual relationships
• Texting and messaging
• Case examples

PHYSICAL TOUCH

• When it is appropriate, and when it is not Informed consent
• Organizational policies
• Case example

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