Healing Through Faith
AAMFT Code of Ethics:
https://www.aamft.org/AAMFT/Legal_Ethics/Code_of_Ethics.aspx
AAMFT Number and Email for Consultation:
Case Law Decisions
Tarasoff v. Regents of the University of California (1976) - The Supreme Court of California established the Tarasoff principle that paved the foundation for the concepts of duty to warn and duty to protect, a paradox to the competing notion of safeguarding patient confidentiality. Tarasoff v. Regents of the University of California initially established the duty to warn in 1974, which was later replaced with the duty to protect following a rehearing in 1976 .https://www.ncbi.nlm.nih.gov/books/NBK542236/
Federal Laws
HIPPA: The Health Insurance Portability and Accountability Act of 1996 ensures the health information of patients is protected, including clients seen by MFTs. This includes safety of privacy, security, and EMR.
Mental Health Parity: The Affordable Care Act and other federal laws strive to ensure everyone has equal access to both medical and mental health care.
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Bradley Center v. Wessner (1982) - a Court ruling in Georgia determined a "duty of care," that mental health facilities can be held liable if a patient causes harm to a third-party and the facility was aware of the potential danger.
Pennsylvania State Law for Minors' Access to Mental Health
Minors aged 14 and older can consent to outpatient mental health services without obtaining consent from parent. Additionally, a parent or guardian can consent to treatment for a minor. Minors can consent to inpatient treatment but a parent/guardian must be notified.
Jablonski by Pahls v. United States (1983) - The Ninth Circuit Court of Appeals held that mental health professionals not only had a duty to warn, but were required to obtain a patient's prior medical records to ascertain if they were at risk of harming others.
Eisel v. Board of Education of Montgomery County (1991) - The Maryland Court of Appeals established a legal duty for school counselors to warn parents if they are aware of a student's threat to commit suicide even if the student denies any intent of self-harm.