LAW & ETHICS 2026 TDC

How to report: Elder & Dependant Adult Abuse OUTSIDE long-term care facility

Report immediately to cops OR APS (adult protective services). If completed by phone, written report within 2 business days

How to report: Elder & Dependant Adult Abuse IN long-term care facility NON-PHYSICAL Abuse

immediately (phone or internet) to cops OR local ombudsman. If completed by phone, written report within 2 business days

How to report: Elder & Dependant Adult NON-SERIOUS BODILY PHYSICAL Abuse IN long-term care facility BY ANOTHER RESIDENT W/DEMENTIA DX

BOTH local cops AND long term care ombudsman in writing within 24 hours. no verbal report necessary.

How to report: Elder & Dependant Adult SERIOUS BODILY PHYSICAL Abuse IN long-term care facility

-verbally reported ASAP (2 hours MAX)

-written report within 24 hr to cops, local long-term care ombudsman, & state licensing agency

What are the four elements that comprise the standard of care?

The four elements are duty, breach, causation, and damages.

What is the definition of Scope of Practice?

Scope of Practice refers to the activities that a professional is permitted to perform under their licensing.

What are some common violations of Scope of Practice?

Common violations include practicing outside of one's training or expertise.

What is meant by Scope of Competence?

Scope of Competence refers to the areas in which a practitioner is qualified to provide services.

How can a practitioner expand their Scope of Competence?

A practitioner can expand their competence through additional training, education, and supervision.

What is Self-Determination/Patient Autonomy?

It refers to the right of patients to make their own treatment decisions.

What are the essential elements of Informed Consent?

Essential elements include disclosure, comprehension, voluntariness, and consent.

What issues arise with Informed Consent for minors?

Issues include the minor's ability to understand the information and parental consent requirements.

What are the limits to confidentiality?

Limits include situations involving harm to self or others, child abuse, and court orders.

What is the difference between privilege and confidentiality?

Privilege protects client communications from being disclosed in court, while confidentiality pertains to the ethical duty to protect client information.

Who holds privilege in therapy?

Clients, including minors, conservators, and in some cases, deceased individuals hold privilege.

What are the signs of child abuse and neglect?

Signs include unexplained injuries, changes in behavior, and poor hygiene.

What is the timeline for reporting child abuse?

Reports must be made immediately or as soon as possible.

What is the Tarasoff case related to?

The Tarasoff case established the duty to protect third parties from harm by clients.

What should be assessed when managing suicide risk?

Assess for suicidal ideation, intent, and means.

What is the purpose of HIPAA?

HIPAA aims to protect patient privacy and secure health information.

What are the four HIPAA requirements?

The four requirements are privacy, electronic transaction standards, security, and national provider identifier numbers.

What should practitioners disclose regarding fees?

Practitioners should disclose their fees, payment policies, and any adjustments.

What is the role of a Professional Will?

A Professional Will ensures continuity of care and outlines procedures for client files and billing.

What is cultural competency in therapy?

Cultural competency involves understanding and respecting diverse cultural backgrounds and experiences.

What are acceptable dual relationships?

Acceptable dual relationships are those that do not impair professional judgment or create conflicts of interest.

What must therapists do when they have reasonable suspicion of child abuse or neglect?

They are mandated to file a report by calling California state authorities immediately and filing a written report within 36 hours.

Which types of abuse are mandated reports?

Physical abuse, sexual abuse, and neglect are all mandated reports.

Is emotional abuse a mandated report?

No, emotional abuse is an optional report.

What should be reported if abuse or neglect occurred outside California?

It should still be reported to California state authorities.

What is the confidentiality rule for clients 18 or older reporting past abuse?

The therapist maintains confidentiality unless there is reasonable suspicion that the perpetrator is abusing other minors.

What constitutes kidnapping in relation to child custody?

A child taken out of state without permission constitutes kidnapping, not abuse or neglect.

When is consensual sex between minors a mandated report?

When one participant is 13 or younger and the other is 14 or older, or if one is 21 or older and the other is under 16.

What action is required for downloading or possessing child pornography?

It constitutes sexual exploitation of a minor and requires a mandated report.

What does the standard of care require from therapists regarding child abuse?

Therapists must assess for child abuse and neglect when any risk factors are present.

Is filing a child abuse report mandatory if a therapist is not working in a professional capacity?

No, filing a report is optional in that case.

Is it legally required to inform clients about the need to file a report?

No, but it is considered best practice unless it endangers the client, victim, or therapist.

What constitutes neglect in terms of medical care?

Failure to provide medical care for higher risk/possibly terminal cases constitutes neglect and requires a report.

Does homelessness alone constitute neglect?

No, failure to provide shelter (homelessness) does not, on its own, constitute neglect.

What is a mandated report regarding lewd behavior between minors?

Lewd and lascivious behavior between minors ages 14 or 15 with a partner who is 10 or more years older is a mandated report.