Some ethical and legal features of child custody disputes: A case illustration and applications.

Explores the complex ethical and legal problems that can attend being an expert witness in a child custody dispute and mitigates some of the antagonism and anxiety in the field so that psychologists without specialized training can adapt more effectively to the child custody arena. A case example illustrates applications of the Ethical Principles of Psychologists by the American Psychological Association (1992) to an otherwise routine case (child acts out in response to parents' marital difficulties) that was complicated by a subsequent child custody dispute. Psychologists should note the differences between legal and clinical methods and goals and be aware of the numerous broad issues they confront in the custody arena. Their proper role is that of a consultant-expert, who assists the trial judge by careful psychological observation, factual reporting, and reasoned inferences. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Legal standards, expertise, and experts in the resolution of contested child custody cases.

The authors critically evaluate the roles of forensic practitioners and psychological researchers in determinations of the best-interest-of-the-child standard (BICS) in child custody disputes. The authors examine (a) the existing empirical research on the adjustment of children of divorce, (b) the current forensic practice of mental health practitioners, (c) the standardized forensic assessment instruments available, and (d) the ethical dilemmas faced by mental health practitioners who work in this area. On the basis of their analysis, the authors argue that current evidence does not support most of the "expert testimony" proffered by mental health practitioners to the court. As a consequence, they posit that the BICS does not reflect either the needs of the legal system or the expertise of the psychological profession, and that the least detrimental alternative to the child standard more accurately meets the needs of both fields. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The special education consultant in due process hearings: Ethics and expertise.

Presents guidelines for special education consultants who are increasingly being asked to serve as expert witnesses in administrative law/due process hearings as parents seek to resolve conflicts over interpretations of implementations of the provisions of federal and state laws and regulations pertaining to educationally disabled students. Guidelines are presented about the legal foundations for special education law, the common areas of dispute about which consultants may be asked to render an opinion, the standards for expert testimony, and how to best present testimony so as to protect the interests of their client while adhering to the constraints imposed by ethical practice. Major areas of dispute often involve eligibility, appropriateness of a program, the least restrictive environment, and accommodations. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ten strategies for psychology trainees and practicing psychologists interested in avoiding ethical and legal perils.

Litigation against psychologists has increased in recent years, resulting in high malpractice premiums, negative publicity, and defensive approaches to professional practice. While many practicing psychologists have become keenly aware of the need to be up-to-date on legal and ethical issues in professional practice, it is unclear if this attention has filtered down to the training of graduate students, interns, and postdoctoral trainees. While trainees are generally fairly well versed in the Ethics Code (APA, 1992) they tend to have little practical understanding of strategies to minimize both ethical and legal troubles. The purpose of this article is to outline 10 practical strategies to minimize the chances of ethical and legal problems for both psychology trainees and practicing psychologists. While this is not an exhaustive list, it highlights some of the major issues trainees and psychologists should be aware of and offers direction for minimizing potential problems. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Coaching Clients to Take Psychological and Neuropsychological Tests: A Clash of Ethical Obligations.

The coaching of clients by attorneys on how to "beat" psychological tests in the context of personal injury or disability litigation poses a serious concern for the practice of psychological assessment. This article reviews the empirical literature with respect to the effects of coaching on psychological tests, discusses current ethical and legal standards relevant to coaching on psychological tests, and offers suggestions on how the field of assessment psychology might deal with this challenge. This review has important implications for all clinicians conducting psychological and neuropsychological assessments in forensic settings. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Behavioral "Medicine" and the Collaboration Model of Knapp and Vandecreek.

Knapp and Vandecreek's (1981) article provided a helpful outline of some ethical and legal considerations of the health psychologist. Their recommendations regarding "physician collaboration" (p. 679) in the psychological management of physiological health concerns lead to practical problems that require further ethical and legal inquiry. Some concerns arising from efforts to apply the collaboration model are considered here: interaction with physicians who are minimally sophisticated about the psychological aspects of illness; collaboration with physicians who routinely equate patient's health psychology concerns only with emotional disorder and consign these individuals to the psychologist; and whether health psychologists can select an accurate diagnosis for conditions that are not psychological in nature. Health psychologists may ultimately resolve these issues as the professional identity of behavioral "medicine" and its practitioners develops. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Contracting for supervision.

The changing job market has increased the demand for psychologists to serve as clinical supervisors of other mental health service provides; however, such supervisory arrangements inevitably increase legal exposure and pose unique ethical challenges for the supervising psychologist. A detailed sample supervision contract incorporating ethical and practice standards of psychology is offered. Although such contracts may not be legally binding, these agreements help facilitate (a) an adherence to these professional and ethical standards, (b) effective supervisory practices, and (c) the quality of care for the persons receiving psychological services. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Race and jury selection: Psychological perspectives on the peremptory challenge debate.

The legal system is a domain of potential relevance for psychologists, whether in the capacity of expert witness or citizen juror. In this article, the authors apply a psychological framework to legal debate surrounding the impact of race on the process of jury selection. More specifically, the authors consider race and the peremptory challenge, the procedure by which attorneys may remove prospective jurors without explanation. This debate is addressed from a psychological perspective by (a) examining traditional justifications for the practice of the peremptory challenge, (b) reviewing research regarding the influence of race on social judgment, (c) considering empirical investigations that examine directly race and peremptory challenge use, and (d) assessing current jury selection procedures intended to curtail racial discrimination. These analyses converge to suggest that the discretionary nature of the peremptory challenge renders it precisely the type of judgment most likely to be biased by race. The need for additional psychological investigation of race and jury selection is emphasized, and specific avenues for such research are identified. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Questions éthiques en psychologie.

This book is the result of months of work by a small group interested in ethical debates surrounding diverse professional practices. The different chapters examine the relationships among ethics, morality, and psychology. Of special interest are ethical questions relating to the conduct of research; the use and interpretation of standardized tests, given issues of validity and reliability; and the problems of developing and transmitting expertise in psychological practice. The values of respect, liberty, and justice are seen as relevant and applicable to psychological practice. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

A nightmare for King Solomon: New reproductive technologies.

King Solomon had only two claimants for the baby whose fate he was to decide. With the new reproductive technologies, several people may assert claims to a child whose existence would have been impossible until only recently, and a mass of legal and ethical problems have been created that could barely have been envisioned even half a century ago. It can, for example, no longer be assumed that the woman who carries and gives birth to a baby is that child's biological mother. The legal claims threaten to turn a child into a piece of property rather than a human being with rights and needs. Existing statutes and competing religious or other perspectives, moreover, are not necessarily compatible with these new scientific realities, enlarging the spectrum of problems. This article reviews recent developments in reproductive technologies and some legal, ethical, and psychological issues that may be relevant in these circumstances. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Code and conduct: On the ethics program.

Describes the operation of the American Psychological Association (APA) program on scientific and professional ethics and suggests future program directions. Among the issues and alternatives concerning self-regulation in matters of ethics are codification, specification, and enforcement. The Committee on Scientific and Professional Ethics and Conduct is concerned with emerging ethical problems and improving the working relationship between APA, the ethics committees of state psychological associations, and the ethical practice divisions of state boards of psychological examiners. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Suggestions for the uses of psychological devices in accord with legal and ethical standards.

Suggests that some traditional psychological practices no longer conform to current legal and ethical requirements and that several ethical standards in the official publications of the American Psychological Association are applicable to the use of psychological devices. In the treatment of problems with possible organic causes, collaborative relationships with physicians may be required. The Food and Drug Administration's recent classification of some psychological devices (e.g., biofeedback equipment) as medical devices is likely to impose new standards upon the distribution and use of psychological devices similar to those now required for medical devices. Failure to conform to these standards may be considered as evidence of negligent treatment under some state laws. Finally, these standards suggest that public statements and announcements about devices should be based upon scientifically acceptable evidence and that psychologists should not participate for personal gain in the commercial promotion of a proprietary or single-source device to the public. (17 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Critical issues in the development of custody and access dispute resolution services.

Outlines the development and working assumptions of the London Custody and Access Project in the context of the needs of separated families involved in the legal process. Clinical issues (psychological parent, bonding, adjustment problems, interrupted development, and sexual abuse) are overviewed, and 3 types of service (assessment, mediation, and arbitration) are described. Data are presented on a sample of 68 cases outlining the nature of the issues involved, factors considered during the assessment, and clinical/legal recommendations. Future issues in research and practice are suggested. (French abstract) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Psychology and the law: A symposium.

There has been growing concern in the community at large about the impact of the work of psychologists and other social scientists on various aspects of life. Many people are beginning to believe that effective control over some procedures and restrictions on the use of material obtained by psychological and other investigations may be necessary. What form such control will take depends to a very large extent on the ability of the disciplines involved to make a meaningful statement of their position in matters of such great sensitivity as the invasion of privacy or the utilization of human research subjects in the process of developing knowledge and applying it for the benefit of the individual and society as a whole. In light of these concerns there has been an increase in discussion among psychologists, about the need to explore some of the critical issues as they relate to practice, research, and the legal implications of the work carried out by psychologists. There have been significant and worrying incidences in which research and applied work have been threatened or stopped due to community reaction (or over-reaction, if you wish) to the threat which the "brain watchers" pose for the rights of the individual. In order to provide a forum for discussion of some of these problems it was decided to hold a symposium at the C.P.A. Annual Meeting in Calgary to present issues and to discuss some of the significant aspects which relate to this matter of Psychology and the Law. Dr. Castaneda, who has spent much time studying the ethical problems relating to research, discussed implications for psychologists doing research with human subjects. Mr. Berry explored aspects of practice which are receiving increasing attention in the legal sphere. Professor Desmond Morton of Osgoode Law School attempted to put in perspective some of these issues as they are seen by our legal colleagues. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Alternative therapies in psychological treatment: When is a consultation with a physician warranted?

Alternative therapies are appearing to be a viable option for practitioners who provide treatment for psychological and related disorders. Psychologists who choose to use alternative therapies have a lack of professional guidance, and controversy exists over whether providing alternative treatment to clients is within the appropriate scope of practice. State psychological association presidents, state licensing board chairpersons, researchers who are knowledgeable about alternative therapies, and Ohio Psychological Association convention attendees were surveyed to determine professional opinions regarding when a consultation with a physician is necessary for using alternative therapies. The total number of respondents across the four groups was 138. Results of the study, along with the ethical and legal implications of psychologists' use of alternative therapies in psychological treatment are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Consent, disclosure, and waiver for the forensic psychological evaluation: Rethinking the roles of psychologist and lawyer.

The duty to obtain consent from a litigant before beginning a forensic evaluation has fallen to the forensic psychologist. Guidelines, ethical standards, and commentators have made this assumed duty mandatory. Unfortunately, psychologists are not able to provide accurate and detailed legal information concerning the forensic evaluation. Only a person trained in the law would be qualified, and the litigant's lawyer has the legal duty to properly inform the litigant about the legal parameters of the forensic evaluation. This article discusses the psychological and legal aspects of consent for forensic evaluation and proposes a model in which both the lawyer and the psychologist collaborate in a process initiated by the psychologist to inform the litigant about the evaluation. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

In pursuit of wellness: The self-care imperative.

The practice of psychology can be demanding, challenging, and emotionally taxing. Failure to adequately attend to one's own psychological wellness and self-care can place the psychologist at risk for impaired professional functioning. An ongoing focus on self-care is essential for the prevention of burnout and for maintaining one's own psychological wellness. Salient aspects of self-care are discussed, including the ethical imperative of addressing self-care throughout one's career. Three invited expert commentaries provide additional insights and recommendations on positive actions, preventive strategies, and steps to be taken by individual psychologists, by those training the next generation of psychologists, and by professional associations. Realities of the current state of psychology and a clear call for action are highlighted, with the overarching goal being the ethical and effective treatment of clients and the successful management of the challenges and stresses faced by practicing psychologists. Baker, Elman, and Schoener provide commentaries on the initial article by Barnett. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Experts in court: A view from the bench.

There has been a significant increase in the frequency of expert testimony over the past 25 years in Canada. As such, there has also been an increase in psychological expert testimony. In drawing from his experience as a litigator and judge, and reflecting on the articles by A. D. Yarmey and M. Peters (see records 2001-06561-002 and 2001-06561-003, respectively), the author explains what it is that judges expect of an expert and how experts should be prepared. He also summarizes some of the legal rules concerning expert testimony. Finally, the author considers the future of expert psychological testimony. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Do the eyes have it? More on expert eyewitness testimony.

Comments on M. McCloskey and H. E. Egeth's (see record 1984-06612-001) argument that psychologists should not give expert testimony concerning eyewitness reliability on the basis of psychological findings on perception and memory. The present author discusses the importance of process issues in legal situations and contests McCloskey and Egeth's conclusions concerning "overbelief" of eyewitness accuracy. (5 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Advance directives, AIDS, and mental health: TJ preventive law for the HIV-positive client.

Unfortunately, the possibility of future incapacity to engage in health care decision making remains one of the many potential legal problems faced by HIV-positive clients. Consequently, proactive legal planning, including the use of advance directives, is widely recognized as an important element in avoiding legal crisis for HIV-positive persons. The author suggests that, in light of the emotional and psychological difficulties that an HIV-positive client may face, considerations of psychological well-being ought to be explicitly recognized as one priority among many in legal planning. By integrating principles of therapeutic jurisprudence and preventive law, a lawyer can both protect an HIV-positive client's legal rights by planning for legal contingencies and enhance the client's psychological well-being by making emotional concerns one priority in that planning process. (PsycINFO Database Record (c) 2011 APA, all rights reserved)