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Published by the Center for Ethical Studies are:
Questions & Answers on Ethics for Marriage and Family Therapists:
Click here to view: Word
version or Acrobat version
Examples of frequently asked Q&A on Ethics:
Q. I have been subpoenaed to testify in a domestic relations case involving
former clients
whom I saw for couples counseling. The subpoena also requires that a copy
of my records
concerning the couples counseling be brought to court. The wife has consented
to my
testimony and to the release of records to her attorney, but the husband
has refused to
consent to my disclosing any information concerning the couples counseling.
What should
I do?
A. The AAMFT Code of Ethics, Section 2.2, prohibits the disclosure of
information
received from clients during couples counseling unless consent is obtained
from both
individuals in the client group. This ethical principle provides, “When
providing couple,
family, or group treatment, the therapist does not disclose information
outside the
treatment context without a written authorization from each individual
competent to
execute a waiver.” Thus, without both the wife’s and the husband’s
consent, you cannot
testify or release any records.
_________
Q. I have been seeing a Mom and her children in counseling to deal with
issues
concerning parent-adolescent problems and divorce issues. Mom and Dad
are separated.
Mom’s attorney wants me to testify in court that Mom should have
all parenting rights and
responsibilities. I have never met the husband, and know little about
him, except for
information provided by Mom concerning his drug problems and his acts
of domestic
violence. Can I testify as an expert witness for Mom in the divorce case?
A. AAMFT Principle 3.14 states: “To avoid a conflict of interest,
marriage and family
therapists who treat minors or adults involved in custody or visitation
actions may not also
perform forensic evaluations for custody, residence, or visitation of
the minor. The
marriage and family therapist who treats the minor may provide the court
or mental health
professional performing the evaluation with information about the minor
from the
marriage and family therapist’s perspective. |