CA MFT Law & Ethics cheat sheet

California Law and Ethics for MFTs

• Mandated child abuse reporting under Penal Code 11165.7 and 11166: an MFT who has knowledge of or observes a child whom the MFT knows or reasonably suspects has been the victim of child abuse or neglect must report to a designated agency; a reasonable suspicion standard applies, not proof.

• Elder and dependent adult abuse reporting under Welfare and Institutions Code 15630: mandated reporters must report physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or self-neglect by phone (or internet) immediately or as soon as practicably possible, and submit a written report within two working days.

• Tarasoff duty: Civil Code 43.92 limits liability when a therapist warns the identifiable victim and a law enforcement agency in a reasonable manner; the duty arises when the patient communicates a serious threat of physical violence against a reasonably identifiable victim.

• Confidentiality exceptions: Penal Code 11166 (child abuse reporting), W&I Code 15630 (elder/dependent adult abuse), Tarasoff warning, court order, and client-authorized written release. A subpoena duces tecum alone is not authorization to release records; a court order or client consent is required.

• Informed consent requirements (Business and Professions Code 4980.398 and 4982.15 for unlicensed and licensed practice): disclose fees, confidentiality limits, the therapist's qualifications, and the right to withdraw consent; for minors, note the parent/guardian consent framework and minor consent statutes.

• Minors' consent to mental health treatment: Family Code 6924 permits a minor 12 years or older to consent to outpatient mental health treatment if the minor is mature enough to participate intelligently, or if there is danger of serious physical or mental harm without treatment; the professional must involve the parent or guardian unless involvement is inappropriate.

• Dual relationships (BPC 4980.44, 4980.46): sexual contact with a client or former client is prohibited for at least two years after termination and may be permanently prohibited; nonsexual dual relationships are permissible only when not exploitative and when the therapist documents that the relationship is in the client's best interest.

• Child custody evaluations: an MFT who performs a custody evaluation may not provide therapy to the child, parents, or family involved in the evaluation (Family Code 1815 and 3110), and must disclose the evaluator role and limits of confidentiality before beginning.

• Record retention: Business and Professions Code 4980.49 requires retention of client records for at least seven years after termination of therapy, and for minors, seven years after the minor reaches age 18 or seven years after termination, whichever is longer.