Sandra Warne, M.A., MFT
Continuing Education PCE #15
1722 Professional Drive ~ Sacramento CA 95825
Phone: (916) 568-1025 Fax: (916) 973-9158
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Legal and Ethical Reference Material
Marriage and Family Therapists have many mandatory reporting responsibilities. One such mandated report is when you as a therapist suspect elder abuse. Elder abuse can include the knowledge of abandonment, isolation or financial exploitation. This mandated report must be made within 48 hours of the suspected abuse. Failure to report elder abuse within 48 hours can result in a $1000 fine and prison.
Keeping the confidence of your clients is paramount with the exception of your client posing a threat to him or herself, another person or the property of another. In these cases you must do what is necessary to protect your client another person or the destruction of property, and you may break confidentiality to do so. If your client is a danger to self or gravely disabled due to a mental disorder, as an MFT it is your responsibility to insure safety, which includes initiating 72-hour hold at a hospital.
An emancipated minor is a person who is currently on active duty with any of the armed forces of the United States. If you are treating with parental consent the parent is legally holding the privilege and only the parent can wave it. When the parents of the minor you are wishing to treat, are divorced it is necessary to obtain consent from one parent in order to treat the minor.
Although it is the responsibility of Marriage and Family therapists to keep clients safe outside of family abuse it is not the job of the therapist to give relationship advise or to take sides during counseling.
A MFT can never withhold a clients’ records due to non-payment. Clients may request their records and receive them at any time.
It is important to know that the” duty to warn” only applies to threats made by your client toward another person, not threats made by someone that your client may know.
In ordinary circumstances it is the client who holds the privilege. In a group therapy setting the group members should be counseled to keep the confidentiality of other group members in order to build trust, but there is no legal mandate to require it. Insurance companies must first obtain the client’s permission in order to communicate with mental health care providers. MFT’s have an ethical responsibility to respect the confidences of their clients.
It is considered ethical and professional conduct to assist colleagues who have drug and or alcohol problems.
It is permitted to include your type of degree and license number on your business cards and letterheads but MFT’s may not use the CAMFT initials following their names.
Referrals are an important part of gaining new clients but it is not permissible to accept payment for referrals.