Ethics in Forensic Psychology Practice

Cover

Title Page

Copyright

Contents

About the Authors

Preface

Chapter 1: Introduction

Overview and Context

Some Preliminary Matters

Challenging Forensic Psychology's Historical Emphasis on Assessment and Neglect of Treatment

Distinguishing Ethics from Good Practice and from the Law

Importance of Knowing the Law and Rules of the Local Jurisdiction

Distinguishing Between What Is Required, Prohibited, and Permitted

Recognizing That There Are Not Always Clear Answers and That Reasonable People Sometimes Disagree

Challenges in Organizing This Volume

Structure and Layout of This Volume

A Model for Ethical Decision Making

Summary

Chapter 2: Sources of Authority

The Law as a Source of Authority

The Law Shapes the General Practice of Psychology

The Law Shapes Expert Testimony of Psychologists

The Law Limits Expert Testimony of Psychologists

The Law Shapes the Focus of Forensic Psychological Evaluations

The Law Imposes Other Obligations on Psychologists Who Provide Opinions to the Court

The Law as a Source of Authority: Summary

The American Psychological Association's Ethical Principles of Psychologists and Code of Conduct as a Source of Authority

The American Psychological Association Practice Guidelines as Sources of Authority

Specialty Guidelines for Forensic Psychology

Guidelines for Child Custody Evaluations in Family Law Proceedings

Guidelines for the Practice of Parenting Coordination

Guidelines for Psychological Evaluations in Child Protection Matters

Record Keeping Guidelines

Other Publications of the American Psychological Association as Sources of Authority

Guidelines Published by Other Organizations as Sources of Authority

Summary

Chapter 3: Competence

What Does Competence in a Particular Area Entail?

Acquiring, Maintaining, and Increasing Competence

Certification as an Indicator of Competence

Competence in Forensic Assessment, State of the Science Testimony, Litigation Consultation, and Forensic Treatment

Forensic Assessment

State-of-the-Science Testimony

Litigation Consultation

Forensic Treatment

Awareness of How One's Beliefs, Attitudes, and Biases Can Affect One's Competence

Incompetent Practice

Addressing Incompetent Practice of Colleagues

Summary

Chapter 4: Roles

Who Is the Client?

Overview

Forensic Examiner

State of the Science Expert

Litigation Consultant

Treatment Provider

Ethical Obligations to Various Parties in Litigation, by Role

Assuming a Role: Efficacy Considerations

Forensic Examiner and State of the Science Expert

State of the Science Expert and Litigation Consultant

State of the Science Expert and Forensic Treatment Provider

Examining Expert and Litigation Consultant

Evaluating Expert and Treatment Provider

Assuming a Role: Considering the Perceptions of Others

State of the Science Expert and Examining Expert

State of the Science Expert and Litigation Consultant

State of the Science Expert and Treatment Provider

Forensic Examiner and Litigation Consultant

Forensic Examiner and Treatment Provider

Summary

Chapter 5: Working with Attorneys and Other Referral Sources

Accepting a Referral and Working With Referral Sources

Clarifying the Scope and Nature of the Referral

Considering One's Competence

Providing Information to the Referral Source So It Can Make an Informed Decision About Retention

Considering Matters of Available Time and Resources

Determining Fees and Other Financial Considerations

Managing Conflicts of Interest

Considering Compatibility of the Psychologist's and Referral Source's Work Styles

Managing Expectations of the Referral Source

Terminating Services

Summary

Chapter 6: Informed Consent, Assent, and Notification

Ethical Principles of Psychologists and Code of Conduct

Specialty Guidelines for Forensic Psychology

Practical Applications

Documenting Informed Consent, Assent, and Notification

Summary

Chapter 7: Privacy, Confidentiality, Privilege, and Access to Records

Confidentiality and Clinical-Forensic Data

Privilege and Clinical-Forensic Data

Psychotherapist-Patient Privilege

Attorney-Client Privilege

Access to Clinical Forensic Data

Use of Materials for Instructional and Other Purposes

Offering Public Statements About Litigation in Which the Psychologist Has Been Involved

Summary

Chapter 8: Assessment

Emphasis on Psycholegal Capacities and Functional Abilities

Need for Sufficient Data

Explicit Consideration of Response Style

Use of Multiple Data Sources

Use of a Valid Assessment Protocol

Considering Issues of Ethnicity, Culture, and Language

Avoiding Use of Obsolete Assessment Tools

Ensuring an Appropriate Assessment Setting

Informed Consent, Assent, and Notification

Using Psychometrists

Using Interpreters

Interpreting Test Results

Informing Examinees About Assessment Results

Ensuring Test Security and Providing Access to Test Data

Summary

Chapter 9: Collateral Sources of Information

Value of Collateral Information

Collateral Information as a Form of Hearsay

Acquiring Collateral Information

General Considerations

Collateral Interviews

Acquiring Documents and Records

Using Collateral Information

Communicating Collateral Information

Summary

Chapter 10: Documentation

Written Documentation

The Ethics Code and Record Keeping Guidelines

Specialty Guidelines for Forensic Psychology

Video and Audio Recording

Third-Party Observers

Summary

Chapter 11: Communication

Communicating with the Referral Source

Avoiding Bias and Partisan Distortion

Affirmatively Disclosing Data Sources and Opinions

Respecting Privacy

Commenting on Litigation and Related Matters in Which One Has Not Been Involved

Summary

Appendix: Specialty Guidelines for Forensic Psychology

Responsibilities

Guideline 1.01: Integrity

Guideline 1.02: Impartiality and Fairness

Guideline 1.03: Avoiding Conflicts of Interest

Competence

Guideline 2.01: Scope of Competence

Guideline 2.02: Gaining and Maintaining Competence

Guideline 2.03: Representing Competencies

Guideline 2.04: Knowledge of the Legal Systemand the Legal Rights of Individuals

Guideline 2.05: Knowledge of the Scientific Foundation for Opinions and Testimony

Guideline 2.06: Knowledge of the Scientific Foundation for Teaching and Research

Guideline 2.07: Considering the Impact of Personal Beliefs and Experience

Guideline 2.08: Appreciation of Individual and Group Differences

Guideline 2.09: Appropriate Use of Services and Products

Diligence

Guideline 3.01: Provision of Services

Guideline 3.02: Responsiveness

Guideline 3.03: Communication

Guideline 3.04: Termination of Services

Relationships

Guideline 4.01: Responsibilities to Retaining Parties

Guideline 4.02: Multiple Relationships

Guideline 4.02.01: Therapeutic-Forensic Role Conflicts

Guideline 4.02.02: Expert Testimony by Practitioners Providing Therapeutic Services

Guideline 4.02.03: Provision of ForensicTherapeutic Services

Guideline 4.03: Provision of Emergency Mental Health Services to Forensic Examinees

Fees

Guideline 5.01: Determining Fees

Guideline 5.02: Fee Arrangements

Guideline 5.03: Pro Bono Services

Informed Consent, Notification, and Assent

Guideline 6.01: Timing and Substance

Guideline 6.02: Communication With Those Seeking to Retain a Forensic Practitioner

Guideline 6.03: Communication With Forensic Examinees

Guideline 6.03.01: Persons Not Ordered or Mandated to Undergo Examination

Guideline 6.03.02: Persons Ordered or Mandated to Undergo Examination or Treatment

Guideline 6.03.03: Persons Lacking Capacity to Provide Informed Consent

Guideline 6.03.04: Evaluation of Persons Not Represented by Counsel

Guideline 6.04: CommunicationWith Collateral Sources of Information

Guideline 6.05: Communication in Research Contexts

Conflicts in Practice

Guideline 7.01: Conflicts With Legal Authority

Guideline 7.02: Conflicts With Organizational Demands

Guideline 7.03: Resolving Ethical IssuesWith Fellow Professionals

Privacy, Confidentiality, and Privilege

Guideline 8.01: Release of Information

Guideline 8.02: Access to Information

Guideline 8.03: Acquiring Collateral andThird Party Information

Guideline 8.04: Use of Case Materials in Teaching, Continuing Education, and Other Scholarly Activities

Methods and Procedures

Guideline 9.01: Use of Appropriate Methods

Guideline 9.02: Use of Multiple Sources of Information

Guideline 9.03: Opinions Regarding Persons Not Examined

Assessment

Guideline 10.01: Focus on Legally Relevant Factors

Guideline 10.02: Selection and Use of Assessment Procedures

Guideline 10.03: Appreciation of Individual Differences

Guideline 10.04: Consideration of Assessment Settings

Guideline 10.05: Provision of Assessment Feedback

Guideline 10.06: Documentation and Compilation of Data Considered

Guideline 10.07: Provision of Documentation

Guideline 10.08: Record Keeping

Professional and Other Public Communications

Guideline 11.01: Accuracy, Fairness, and Avoidance of Deception

Guideline 11.02: Differentiating Observations, Inferences, and Conclusions

Guideline 11.03: Disclosing Sources of Information and Bases of Opinions

Guideline 11.04: Comprehensive andAccurate Presentation of Opinions in Reports and Testimony

Guideline 11.05: Commenting Upon Other Professionals and Participants in Legal Proceedings

Guideline 11.06: Out of Court Statements

Guideline 11.07: Commenting Upon Legal Proceedings

References

Appendix A Revision Process of the Guidelines

Appendix B Definitions and Terminology

References

Author Index

Subject Index

EULA