The Law, The Rules, The Guidelines In Assessing and Treating Adult 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

References Primarily 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 References Florida 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 Offenders Abuse 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 Abuse Types of Abuse ☞ Ignoring ☞ Rejecting ☞ Isolating ☞ Exploiting or corrupting ☞ Verbally assaulting ☞ Terrorizing ☞ Neglecting the child

Child on Child Sexual Activity Is 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