Making the Tough Call
By Kathryn Krase
Making the Tough CallApr 16, 2022
Client Confidentiality: The Role of Therapist Privilege
When someone tries to access a therapist’s records in order to use them in a court case, it might be appropriate for the therapist to assert “privilege” in order to continue protecting their client’s confidentiality.
This episode explores Therapist-Client privilege and provides mental and behavioral health professionals resources to help them protect client confidential information.
Which Professionals are Mandated Reporters?
You might be wondering: how many states have mandated reporter laws? EVERY STATE HAS MANDATED REPORTER LAWS. However, mandated reporting laws vary slightly from state to state.
In general, professionals who are likely to come in contact with children and their families are “mandated reporters” of suspected child maltreatment, at least when they develop those suspicions through their professional role.
This podcast explores which professionals are mandated reporters and provides resources to help you determine if you are a mandated reporter, and if so, how do you manage your responsibilities.
What Happens if a Mandated Reporter Fails to Report?
Many mandated reporters are worried they will get in trouble if they don’t make a report to child protective services (CPS) when they have a concern about a child. As a result, they make a report to CPS to avert the risk of “failing to report”. Many of these reports, however, are unnecessary, and ultimately problematic and destabilizing to the families they report.
This podcast explores the realities of "failure to report" policies, and helps mandated reporters protect themselves from liability while simultaneously prioritizing the children and families they serve.
Why Do Professions Have Code of Ethics?
Every profession has a code of ethics of some sort, but why? This podcast outlines the reasons why it is important for professions to have ethics. In the wise words of Spiderman's Uncle Ben: "With Great Power, Comes Great Responsibility". That's why professions have ethics.
The Basics of Professional Ethics in Mental Health Care
Sometimes professional codes of ethics don't have all the answers, and professionals are left to evaluate considerations on their own. In those moments, considering the 4 basic ethical principles of beneficence, non-maleficence, autonomy and justice can help. This podcast introduces these principles and applies them to two common situations found in the practice of mental and behavioral health professionals: working with minor clients, and mandated reporting.
Interpreting Professional Codes of Ethics
Professionals look to their professional codes of ethics to help guide them in tough situations. It's important for professionals to understand the importance of the language used in the standards, in order to appropriately evaluate their choices. This podcast episode discusses the difference between permissive, suggestive and restrictive language in ethical standards.
Am I always a mandated reporter?
Mandated reporters struggle with understanding when they are required to make reports to child protective services. This explores explores when mandated reporters are required to make reports to CPS, and when they might not.
Am I required to report suspicions of past child abuse?
This episode explores whether mandated reporters are required to make reports of suspected child abuse that occurred many years ago.
Do I have to report parental drug use to CPS?
Concerns about the impact of parental substance use disorders on children are understandable. However, the obligation of mandated reporters to bring their concerns to the attention of child protective services (CPS) is not always so clear cut. This episode explores assumptions professionals make about parental substance use, and encourages mandated reporters to think about their concerns differently when considering if they are required to make a report to CPS.
Should Reports to CPS be Required? Maybe not...
This podcast explores the question whether professionals should be required to make reports to child protective services. Maybe the answer isn't as easy to discern as you might think.
Requirements for Mandated Reporter Training
This podcast episode explores the laws around the obligation of mandated reporters and their employers to complete training on their obligations to report suspected child maltreatment.
Unsubstantiated Reports to CPS: How Can We Prevent Them?
This episode explains what "unsubstantiated" reports to CPS mean, and how mandated reporters can prevent making unnecessary reports of suspected child maltreatment.
When is Spanking Considered Child Abuse? And Why?
In this podcast episode, we explore corporal punishment, and when the behavior is considered child abuse. We look at law in the US, and internationally. We use research to understand the present context, and to forecast changes to policy in the future. This episode is helpful for professional reporters of child maltreatment who struggle with when corporal punishment in abuse.
Unsupervised Children: Parenting Choice? or Child Maltreatment?
Have you ever wondered if a child should be left alone? This podcast introduces some of the concepts to consider.
Mandated Reporting & Autonomy
This episode of Making the Tough Call explores the impact that the legal and ethical obligations held by "mandated reporters" has on personal and professional autonomy. When the law requires certain professionals to make reports to child protective services (CPS) the autonomy of parents and professionals is limited. Learn more about mandated reporting, parental autonomy and professional autonomy, through this 10 minute podcast episode. For more information, including resources, blogs and other podcast episodes, check out the Making the Tough Call website.