CFC Legal Systems & Ethical Standards

Question 1

A defense attorney serves a forensic counselor with a subpoena for a client's substance use treatment records. Under 42 CFR Part 2, what is required before the records may be released?

Accepted Answer

A court order meeting Part 2 criteria or valid client consent

Answer

Part 2 requires patient consent or a court order meeting its specific criteria, because a subpoena alone does not authorize disclosure.

Question 2

Which court case established a mental health professional's duty to protect identifiable third parties from a client's serious threat of violence?

Accepted Answer

Tarasoff v. Regents of the University of California

Answer

Tarasoff (1976) held that therapists must take reasonable steps to protect an identifiable victim threatened by a client.

Question 3

Under Dusky v. United States, a defendant is competent to stand trial if he or she has which of the following?

Accepted Answer

A rational and factual understanding of the proceedings and the ability to consult with counsel

Answer

Dusky requires a rational and factual understanding of the proceedings and a reasonable ability to consult with an attorney.

Question 4

Estelle v. Gamble is significant to correctional treatment because it held that:

Accepted Answer

Deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment

Answer

The Court held that deliberate indifference to serious medical needs is cruel and unusual punishment.

Question 5

When are Miranda warnings legally required?

Accepted Answer

Before custodial interrogation by law enforcement

Answer

Miranda applies when a suspect is both in custody and being interrogated by police.

CFC - Certified Forensic Counselor Practice Test

CFC - Certified Forensic Counselor Practice Test

CFC Legal Systems & Ethical Standards