Massachusetts Psychology Jurisprudence Exam Study Guide
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Questions and Answers

What is the consequence of failure to report child abuse according to Chapter 119, section 51A?

  • Exemption from penalty for clinicians
  • $2,000 fine and 6 months in jail
  • $5,000 fine and jail time (correct)
  • $1,000 fine

Who is not exempted from the reporting of death or sexual abuse to law enforcement and the district attorney by the Department of Children and Families (DCF)?

  • Psychologists
  • Social workers
  • Clergy (correct)
  • Teachers

Under Chapter 119, section 51A, what is the penalty for willful frivolous reporting of child abuse?

  • $2,000 fine and 6 months in jail (correct)
  • $1,000 fine
  • $5,000 fine and jail time
  • Exemption from penalty for clinicians

What is the consequence of failure to report serious bodily injury or death of a child as per Chapter 119, section 51A?

<p>$5,000 fine and jail time (B)</p> Signup and view all the answers

According to Chapter 119, section 51A, what is the penalty for failure to report child abuse committed by a clinician?

<p>$5,000 fine and jail time (D)</p> Signup and view all the answers

What action may grandparents seek via court petition under Ch 119 Protection of Children?

<p>Seeking visitation rights (D)</p> Signup and view all the answers

In which type of therapy does the patient have the privilege of refusing to disclose any communication in any court proceeding?

<p>Family therapy (A)</p> Signup and view all the answers

Under what circumstances is a contract restricting the right of a psychologist to practice void and unenforceable?

<p>After the termination of the professional relationship (B)</p> Signup and view all the answers

When can a psychotherapist disclose communications by the patient to a court?

<p>When the patient introduces their mental or emotional condition as an element of their claim or defense (D)</p> Signup and view all the answers

What exception allows a psychotherapist to determine that the patient needs treatment in a hospital for mental or emotional illness?

<p>Imminent dangerous activity by the patient (A)</p> Signup and view all the answers

Under what circumstances can a judge find that a patient's communication to a psychotherapist is admissible in court?

<p>When informed that the communications would not be privileged (B)</p> Signup and view all the answers

In what situation does a guardian act on behalf of an incompetent patient with respect to privilege?

<p>Unable to exercise or waive privilege (A)</p> Signup and view all the answers

Under what circumstance should no adverse inference be drawn by the judge from the exercise of privilege granted to a patient?

<p>Upon the exercise of the privilege granted by section 129A (C)</p> Signup and view all the answers

Which type of communications are privileged in any court proceeding?

<p>Family therapy communications (D)</p> Signup and view all the answers

What type of contract with a psychologist is prohibited under Chapter 112, Section 129B?

<p>Contract restricting right to practice after termination (B)</p> Signup and view all the answers

When can a judge instruct the jury that no adverse inference may be drawn from the exercise of privilege granted by section 129A?

<p>Upon the exercise of the privilege granted by section 129A (D)</p> Signup and view all the answers

What is the penalty for failure to report serious bodily injury or death of a child as per Chapter 119, section 51A?

<p>$1,000 fine or $5,000 + jail in case of serious bodily injury or death (D)</p> Signup and view all the answers

Under Chapter 119, section 51A, what is the consequence of willful frivolous reporting of child abuse?

<p>$2,000 fine + 6 months in jail (D)</p> Signup and view all the answers

Which type of communications are privileged in any court proceeding?

<p>Communications made to a psychotherapist for the purpose of diagnosis or treatment (C)</p> Signup and view all the answers

What may grandparents seek via court petition under Ch 119 Protection of Children?

<p>Visitation rights (C)</p> Signup and view all the answers

Who is not exempted from the reporting of death or sexual abuse to law enforcement and the district attorney by the Department of Children and Families (DCF)?

<p>Clergy members (D)</p> Signup and view all the answers

Under what circumstance should no adverse inference be drawn by the judge from the exercise of privilege granted to a patient?

<p>When the patient is seeking therapy voluntarily (C)</p> Signup and view all the answers

In which situation can a judge find that a patient's communication to a psychotherapist is admissible in court?

<p>When the patient communicates to a psychotherapist during a psychiatric examination ordered by the court (B)</p> Signup and view all the answers

Under what circumstances can a psychotherapist determine that the patient needs treatment in a hospital for mental or emotional illness?

<p>If there is a threat of imminently dangerous activity by the patient against himself or another person (B)</p> Signup and view all the answers

When can a judge instruct the jury that no adverse inference may be drawn from the exercise of privilege granted by section 129A?

<p>When the patient is incompetent to exercise or waive the privilege (A)</p> Signup and view all the answers

What type of communications are privileged in any court proceeding?

<p>Communications involving marital therapy, family therapy, or consultation in contemplation of such therapy (D)</p> Signup and view all the answers

Under Chapter 112, Section 129B, what type of contract with a psychologist is prohibited?

<p>A contract restricting the psychologist's right to practice in any geographic area for any period of time after termination of partnership, employment, or professional relationship (C)</p> Signup and view all the answers

In what situation does a guardian act on behalf of an incompetent patient with respect to privilege?

<p>When the patient is incompetent to exercise or waive the privilege (C)</p> Signup and view all the answers

According to Chapter 119, section 51A, what is the penalty for failure to report child abuse committed by a clinician?

<p>$5,000 fine and revocation of license for 1 year (B)</p> Signup and view all the answers

Under Chapter 119, section 51A, what is the penalty for willful frivolous reporting of child abuse?

<p>$500 fine and public reprimand (D)</p> Signup and view all the answers

Flashcards

Child Abuse Reporting Penalty (Failure)

Failure to report child abuse resulting in serious harm can lead to a $5,000 fine and jail time, and even license revocation in certain cases.

Who is exempt from reporting child abuse?

Clergy are exempt from mandatory reporting of child abuse or death according to DCF rules.

Willful False Reporting Penalty

Willfully filing a false report of child abuse results in a $2,000 fine and up to 6 months in jail.

Grandparent Visitation Rights

Grandparents can petition a court for visitation rights concerning a child under Chapter 119.

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Privileged Family Therapy Communication

Communications during family therapy are confidential in court proceedings.

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Psychotherapist-Patient Privilege

Information discussed between a patient and mental health professional is protected in court.

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Prohibited Contract With Psychologist (Chapter 112)

Contracts that restrict a psychologist's practice after the end of a professional relationship are void and unenforceable.

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Psychotherapist and Court Disclosure

A psychotherapist may disclose patient communications in court when the patient introduces mental health as part of their case

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Imminent Danger Exception for Psychotherapist

A psychotherapist can disclose patient communications to determine a hospital for mental illness if imminent danger to themselves or others is present

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Incompetent Patient and Privilege

A guardian can act on behalf of an incompetent patient regarding the right for privilege or waiver

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No Adverse Inference from Incompetent Patients

No negative assumption can be made by the court about a patient exercising their therapy privilege, if found incompetent

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Prohibited Contract Type with Psychologist (Chapter 112)

Contracts restricting a psychologist's practice after termination of professional relationship are void

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Study Notes

Consequences of Failure to Report Child Abuse

  • Failure to report child abuse under Chapter 119, section 51A can result in penalties
  • Clinicians who fail to report child abuse can face penalties

Penalties for Willful Frivolous Reporting

  • Willful frivolous reporting of child abuse under Chapter 119, section 51A is punishable
  • Penalty for willful frivolous reporting of child abuse is specified under Chapter 119, section 51A

Reporting Requirements

  • Everyone, including DCF, is required to report death or sexual abuse to law enforcement and the district attorney
  • No one is exempt from reporting death or sexual abuse

Child Abuse Reporting

  • Failure to report serious bodily injury or death of a child can result in penalties under Chapter 119, section 51A
  • Penalty for failure to report child abuse under Chapter 119, section 51A is specified

Grandparents' Rights

  • Grandparents can seek custody or visitation rights via court petition under Ch 119 Protection of Children

Privileged Communications

  • Patient-psychotherapist communications are privileged in any court proceeding
  • A patient can refuse to disclose communications in any court proceeding

Exceptions to Privileged Communications

  • A psychotherapist can disclose communications to a court if the patient needs treatment in a hospital for mental or emotional illness
  • A judge can find that a patient's communication to a psychotherapist is admissible in court in certain circumstances
  • A guardian can act on behalf of an incompetent patient with respect to privilege
  • No adverse inference should be drawn from the exercise of privilege granted to a patient

Psychotherapist-Patient Privilege

  • A contract restricting the right of a psychologist to practice is void and unenforceable under certain circumstances
  • A judge can instruct the jury that no adverse inference may be drawn from the exercise of privilege granted by section 129A

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Description

Prepare for the Massachusetts Psychology Jurisprudence Exam with this study guide covering main topic headings, general provisions of mandated reporting, and protection of vulnerable people. Produced by Gerald P. Koocher in 2022.

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