Psychology Essays (UOP)

Psy/305 Confidentiality and informed consent paper

Confidentiality and Informed Consent Paper

Samantha Craig

Psy/305

2/2/2015

Kelli Gray-Smith

The case of Tarasoff has been a huge ground for why social service workers have a confidentiality agreement and consent papers to provide to their clients. In the case a therapist was informed by his client that he was going to harm a young lady when she finally returned back from the vacation she took. The therapist felt that this was a real problem and notified the proper chain of command. Which would be the supervisors, and the campus police who then took the gentleman into custody and concluded that he was not going to be a danger for anyone. Later he ended up killing the young lady and her family sued all of the workers involved.

Then, the courts ruled that they were all held accountable due to the fact that they did not warn the third-party and protect them from the harm that was threatened. They felt that even though it would have been a break of confidentiality between the therapist and his client that he was responsible to also protect her. "The courts feel that all third parties should when a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger" (Kagle & Kopel, 1994).

When a client comes to a social worker for help they expect a line of comfort and trust between them. A therapist is a person they feel safe to confide in and are obviously there for reasons that they need to work something out. Therapist are provided with tools and education to handle most situations. Yet before Tarasoff there wasn't really anything in place that protected the third party if the time came. Now there is a list that, depending on the state, we must follow and observe to see if the threat that is proposed is indeed one that needs to be reported.

Once, a client finally meets with the therapist there are papers that are required to be filled out prior to talking. These are the confidentiality papers and the consent to release information papers. Many know that in this profession information on clients are not released unless it is approved by the client themselves, hence the release papers. Those state what were are allowed information we are allowed to give out and to whom it is allowed to go to. Even if the sessions are to be recorded it is to be approved by the client. If they don't feel comfortable it could put their health at risk or a loss of a client.

The confidentiality paper is for them to sign that states unless the therapist finds that what they say verbally and actions that they cannot discuss their case with anyone. It also states that if they feel that the client is at risk of severely harming themselves or others around them then we are entitled to take steps and precautions to protect them and those around them so that no harm will happen to anyone. There are many different steps that need to be watched and taken at all times. It is vitally important to protect the clients rights at all times. If they refuse to sign the consent then depending on the state there are other steps that will be taken to provide safety for everyone. There are also those who might not be able mentally or physically to make those calls and typically have a trusted person, often referred to as a power of attorney to make those calls on their behalf. Yet still need some type of consent from the client themselves.

In conclusion, Tarasoff made a lot of headlines back in the day and changed psychology. There are now rules and guidelines in place by states that not only protect the client's confidentiality and the therapist themselves, but also the potential third party that might be involved through privet threats made to the therapist. It is vitally important to let the client understand what the confidentiality and the consent forms actually mean and what to expect in them. They have to know that they are in a safe environment and that what is said privately stays that way. It is also good to be fully aware if the client has a power of attorney or someone else who is there to sign for them if they are not capable. Safety is the number one concern for all social workers no matter who is involved and it will always be that way.

References

Kagle, J. D., & Kopels, S. (1994, August). Confidentiality after Tarasoff. Health and Social Work, 19(3), 217-222.