Ethical, Legal and Professional
Issues in the Practice
of Marriage

Learning Objectives:
After completing the course, you'll be able to:
- Distinguish between ethics and morality.
- Distinguish between virtue ethics and principle ethics.
- Discuss the evolution, role, and importance of professional
codes of ethics.
- List 5 principles of biomedical ethics.
- List 9 exceptions to the right of privileged communication.
- Describe the dilemma of confidentiality in marriage and family therapy and
enunciate three separate positions taken by therapists working with couples and
families.
- Describe the ethical considerations relating to informed consent and outline three
types of information clients should have in order to make informed choices.
- Articulate the problem faced by therapists in confronting long-standing social,
cultural, and religious assumptions.
- Describe the ethical task faced by marriage and family therapists during the
initial "presentation" contact and outline the importance of the convening
session.
- Formulate two types of strategies for involving reluctant members of a relationship
system to participate in at least the initial evaluation session to investigate what
therapy may entail.
- Employ two types of interventions using paradoxical procedures.
- Outline 6 guidelines for therapists to prevent agency triangulation.
- List 5 contemporary ethical issues facing a marriage and family therapist.
- Describe the duty to protect third parties based on the Taras off Decision and its
potential applicability to cases of HIV infection.
- Name and define the three criteria resulting from the Taras off Decision.
Define a dual relationship and expose the dangers of such relationships involving
conflict of interest.
- Identify three grounds that make dual relationships harmful.
- Identify 4 ethical concerns in the use of the DSM by marriage and family
therapists.
- List 4 considerations to be employed by a marriage and family therapist when
domestic violence is present.
- Name the 4 common models of managed health care.
- Describe the ethical implications for marriage and family therapists when
participating in managed health care organizations in terms of: (1) risk-taking, (2)
intrusion into the therapeutic relationship, (3) exceptions to the rules, (4)
referral resources, (5) short-term treatment competence, (6) input by service
providers, (7) Informed consent and (8) acting ethically as an MMHC service provider.
- Describe the five major steps in the Decision Tree process AAMFT follows in
handling complaints of unethical behavior by AAMFT members, Approved Supervisors,
applicants for membership or the Approved Supervisor designation or recently resigned
members or Approved Supervisors.
- Describe the 8 areas of responsibility to clients described in Principle 1 of the
AAMFT Code of Ethics.
- Describe the 3 areas of responsibility for confidentiality described in Principle 2
of the AAMFT Code of Ethics.
- Describe the 8 areas of responsibility for professional competence and integrity
described in Principle 3 of the AAMFT Code of Ethics.
- Describe the 3 areas of responsibility to students, employees, and supervisors
described in Principle 4 of the AAMFT Code of Ethics.
- Describe the 4 areas of responsibility to research participants described in
Principle 5 of the AAMFT Code of Ethics.
- Describe the 7 areas of responsibility to the profession described in Principle 6
of the AAMFT Code of Ethics.
- Describe the 4 areas of responsibility to clients for financial arrangements
described in Principle 7 of the AAMFT Code of Ethics.
- Name and define the 4 types of law and describe their scope, purpose and role in
performing legal research as a marriage and family therapist.
- List and define the 5 component parts Shea (Shea, 1985) identified as helpful in
interpreting court decisions.
- Describe the differences between Criminal versus Civil Law.
- Describe the marriage and family therapist's obligation to provide information
leading to intervention by the state when a duty to protect arises or when child
abuse reporting is necessary and explain the therapist's legal obligations.
- Define the 5 roles of marriage and family therapists within the criminal justice
system.
- Discuss the 20 guidelines proposed by Lebow (Lebow, 1992) for marriage and family
therapists to consider in systemically evaluating custody disputes.
- List the 5 progressive stages of the mediation process.
- Describe the rules of evidence and their role in court.
- Describe the role of a marriage and family therapist as an expert witness in the
legal system.
- Discuss the 5 preparatory steps for successful presentation of testimony that
should be followed by marriage and family expert witnesses.
- Discuss the 3 types of oral examination that may occur during courtroom testimony
by a marriage and family therapist expert witness.
- Describe how marriage and family therapists as expert witnesses can significantly
enhance their effectiveness by transferring their systemic understandings from the
therapy context to the courtroom.
- Describe the professional liability under the law for marriage and family
therapists in terms of contract law including the fiduciary relationship and possible
charges of breach of warranty.
- Identify and define the 4 key elements that must be shown present to prove
professional malpractice on the part of marriage and family therapists.
- List 12 possible negative effects of injury on clients resulting from malpractice
by marriage and family therapists.
- List and describe the 5 major intentional tort actions normally filed by clients
against marriage and family therapists for professional malpractice.
- Describe the 2 types of professional liability insurance for marriage and family
therapists.
- Define the 2 major forms of legal marriage.
- Describe and define a prenuptial agreement.
- Describe the legal complexities and potential consequences arising from a marriage
that should be discussed in premarital counseling.
- List 7 reasons why contemporary society has seen an increase in cohabitating
couples.
- Identify 5 frames of reference for considering parent-child relationships under the
law.
- Define 2 state sources that grant it the right to intrude on a family.
- List and describe the 3 ways a marriage can be terminated.
- Describe the common denominator offered by Section 308 of the Uniform Marriage and
Divorce Act (Bureau of National Affairs, Inc., 1982) for marriage and family
therapists to consider concerning alimony awards.
- Identify and describe the 2 basic systems of marital property rights that are
usually operational in divorce proceedings.
- Describe the guidelines offered by Section 402 of the Uniform Marriage and Divorce
Act (Bureau of National Affairs, Inc., 1982) for delineating the best interests
standard in determining child custody.
- List and describe the 4 forms of custody available today.
- Summarize the 9 major factors to be considered by judges in deciding on child
support awards.
- Discuss how the parent-child immunity doctrine is slowly eroding.
- Understand the basic legal issues that effect the professional practice of marriage
and family therapy and know when to seek the advice of attorneys.
- Understand the guiding legal principles and leading laws and cases relevant to:
Ethics and the Law, Divorce Mediation, Liability in Crisis Counseling, Informed
Consent, Criminal Liability, The Buckley Amendment, The Premarital Agreement,
Privileged Communications, Legal Responsibility of Clinical Supervisors, and
Insurance Fraud.
- Discuss how values can describe either means or ends to actions.
- List and describe the 3 steps and 7 subprocesses of values clarification as a means
for marriage and family therapists to clarify their professional position.
- Compare and contrast the systemic world view with the psychological world view
according to the 4 propositions of each position.
- Describe the feminist critique of systemic epistemology and identify the two basic
positions that have represented a credible attack on systemic epistemology.
- Describe the 4 events that have signaled a major challenge to systemic epistemology
presented by the perceived overemphasis on the family-as-a-system thereby overlooking
the importance of the intrapsychic functioning of the individual.
- Discuss the nature of valuing and the negotiation of values as a central issue in
the professional practice of marriage and family therapy.
- Describe the practice implications of valuing for marriage and family therapists
including the implications of affirming marital and family relationships as
pluralistic and multidimensional.
- Discuss the relationship between epistemological responsibility and social
responsibility.
- Describe the process of taking responsibility for
pathologizing.
- Describe how the ethical dimensions centering Contextual Family Therapy represent
process-oriented elements that may be employed as valuing components to reconcile any
specific issue of mutual concern that may arise in marriage and family therapy.
- Articulate the importance of recognizing that valuing begins with acknowledging the
mutual obligations and entitlements within all relationships.
- Explain the close relationship between acknowledgment and claim and obligation and
entitlement in terms of the process of valuing for marriage and family therapy and
identify the potential consequences of withholding acknowledgment and capitulating to
excessive claims.
- Discuss the concept of Balance of Fairness and how it can be pursued through the
process of valuing in marriage and family therapy.
- Articulate the positions of marriage and family therapy as a profession and as a
professional specialty.
- Describe the process of professional affiliation and the roles both AAMFT and AFTA
play in identifying marriage and family therapy as a self-regulating profession.
- Describe the process of professional affiliation and the roles both Family
Psychology (Division 43 of APA) and IAMFC play in identifying marriage and family
therapy as a professional specialty.
- Describe the concept of state licensure for marriage and family therapists
including the 5 major premises supporting licensure efforts identified by Fretz and
Mills (1980).
- Explain the concept of licensure coverage as defined in The Model Marriage and
Family Therapy Licensure Act (AAMFT, 1992).
- Identify the 2 categories of Qualifications employed by most states in determining
licensure eligibility for the practice of marriage and family therapy.
- Explain the role of research as a means of promoting professional identity among
marriage and family therapists and identify the 10 key considerations for
strengthening the research-clinical practice connection in marriage and family
therapy.
- Explain the importance of professional advertising, continuing education and
intraprofessional communications as they relate to the professional identity of
marriage and family therapists.
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- Articulate how individual sessions can be incorporated within a systemic framework
first, as a part of the diagnostic/planning process and then as part of ongoing
treatment.
- Identify 5 points from a systemic perspective of marriage and family therapy that
can be applied to a school setting in which a marriage and family therapist serves as
a consultant.
- Discuss how values conflicts can function as a source of dysfunction in marriage
and family therapy.
- Assuming the premise that actions reflect values, describe the 5 conditions that
must be fulfilled if persons are to engage in certain actions (values analysis).
- Identify 5 areas of exploration and intervention for the 5 conditions that must be
fulfilled if persons are to engage in certain actions.
- Articulate the 6 major aspects of Principle 8 Advertising (AAMFT Code of Ethics) as
they relate to both general advertising and advertising using AAMFT Designations for
marriage and family therapist members.
- Describe 5 strategies for planning for emergencies in the practice of marriage and
family therapy.
- Describe 5 strategies for planning for longer-term absences in the practice of
marriage and family therapy.
- Articulate the legal and ethical considerations that arise from attending to the
business-oriented details of the practice of marriage and family therapy specifically
addressing the issue of delinquent accounts and the use of collection agencies.
- Articulate 6 professional issues that should be considered relevant to small town
practice from the viewpoint of a marriage and family therapist.
- List 11 suggestions for assuming the role and being well-prepared as a
"public" marriage and family therapist.
- List 5 ways for marriage and family therapists to achieve balance between their
personal/family and professional life.
Table
Of Contents
PART ONE: ETHICAL ISSUES IN MARRIAGE AND FAMILY THERAPY
Chapter 1: Promoting Ethical Practice
Chapter 2: Ethical Considerations in the Interactional Context of Marriage and Family
Therapy
Chapter 3: Contemporary Ethical Concerns
Chapter 4: Ethical Accountability: A Casebook
PART TWO: LEGAL ISSUES IN MARRIAGE AND FAMILY THERAPY
Chapter 5: The Marriage and Family Therapist: Roles and Responsibilities Within the
Legal System
Chapter 6: Family Law
Chapter 7: Legal Considerations
PART THREE: PROFESSIONAL ISSUES IN MARRIAGE AND FAMILY THERAPY
Chapter 8: Valuing and the Professional Practice of Marriage and Family Therapy
Chapter 9: Professional Identity as a Marriage and Family Therapist
Chapter 10: Professional Issues
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