The Law, The Rules, The Guidelines

In Assessing and TreatingAdult and Juvenile Offenders

By

David B. Kazar, Ph.D, ABPP

Diplomate in Clinical Psychology

Today's Topics

▪Foundation for Recommendations

▪Special Issues with the Population of Interest

▪Issues Related to Juveniles

▪Issues Related to Sexual Offenders

▪Emotional Abuse

▪Child on Child Sexual Activity

▪HIPAA

Primary References

Florida Statute 456 – general health

Florida Statute 490 – psychological services

Florida Regulations Section 64B19 – psychology

Health Insurance Portability and Accountability Act-HIPAA

Ethical Principles of Psychologists and Code of Conduct

Florida Statute 394 – the Marchman Act

Florida Statute 397 – the Baker Act

Foundation for Recommendations

ReferencesPrimarily Forensic

Specialty Guidelines for Forensic Psychologists' by the American Psychology and Law Society

The Association for the Treatment of Sexual Abusers Professional Code of Ethics

“HIPAA & Forensic Practice” by Mary Connell and Gerald Koocher

Foundation for Recommendations

General ReferencesFlorida

Law and Mental Health Professionals: Florida by John Petrila and Randy Otto

"Mandatory Reporting Requirements in the State of Florida" by Kazar and Sibille in Florida Psychologist 2005

Foundation for Recommendations

Special Issues with the Population of Interest

Adult and Juvenile Sexual Offender Treatment and Assessment

☺Is a subtype of adult and juvenile treatment

☺Rules , regulations, and laws are generally the same

☹Differences in frequency of sociopathy, cognitive limitation, impulsivity, and sexual behavior increase likelihood of some regulatory/ethical issues occurring

Issues Related to Juveniles

13 Year Olds may be seen for EMERGENCY Treatment

Parents May Usually Review Treatment Records

Divorced Parents Must Agree to Treatment

Issues Related to Sexual Offenders

In Treatment Physical or Sexual Abuse Must be Reported

In Assessment for an Attorney Physical or Sexual Abuse Usually Cannot be Reported

Abuse Reporting: Juveniles

Issues Related to Sexual OffendersAbuse Reporting: Adults

In Treatment Perpetrating Physical or Sexual Abuse Must be Reported

In Treatment a Victim of Physical or Sexual Abuse Does Not Trigger Reporting

In Assessment for an Attorney Perpetrating Physical or Sexual Abuse Usually Cannot be Reported

Emotional Abuse

Emotional Abuse of a Minor or Vulnerable Adult is Reportable

Florida Uses a Product Test

“abuse causing harm to the mental health”

Emotional AbuseTypes of Abuse

☞Ignoring

☞Rejecting

☞Isolating

☞Exploiting or corrupting

☞Verbally assaulting

☞Terrorizing

☞Neglecting the child

Child on Child Sexual ActivityIs this reportable?

Impregnation of Someone Under age 16 by Someone at Least 21 is Reportable

Sexual Activity Under Age 12 IS Reportable

12 Through 15 Year olds are Probably Reportable

16 and 17 Year Olds are Sometimes Reportable

HIPPA

Generally Doesn’t Apply in Forensic Assessment

Generally Does Apply in Forensic Treatment

Defer to State Law if it is more Restrictive