Report of the American Psychological Association Presidential Task Force On Violence And The Family

ISSUES AND DILEMMAS IN FAMILY VIOLENCE

Issue 12

SHOULD PRACTIONERS BE CONCERNED ABOUT LEGAL RISKS WHEN THEY WORK WITH FAMILY VIOLENCE?

It is an important but complicated task to protect competent therapists from frivolous or malicious grievances and lawsuits, and at the same time protect consumers from incompetent or unscrupulous therapists.

Working with abuse situations is especially problematic: A therapist is legally mandated to report child abuse, and some jurisdictions require similar reporting of spouse or elder abuse. Sometimes when protective authorities begin to investigate an individual case, however, the therapist faces the risk of angry retaliation from the family. The situation is even more complicated when practitioners work with adults who were abused as children and the controversial area of recovered memories is part of the situation. Consequently, many therapists are practicing 'lawsuit therapy,' carefully screening their actions and words to minimize the risk of being sued, and potentially compromising the quality of care they offer to their clients. Some other therapists simply refuse to deal with family violence cases, referring such clients to other practitioners.

Mass media reporting and entertainment portrayals of therapy often reflect a 'spin' that damages the credibility of psychotherapy. Some of the reporting might lead the public to believe that there is an epidemic of bad therapy instead of an epidemic of child abuse.

Regrettably, there are a small number of practitioners, including some psychologists, who are unethical or whose practices do not meet appropriate standards of care, and some who are untrained or even unscrupulous in handling family violence issues. It is important for the well-being of their clients, as well as for the integrity of our profession, that clients can seek redress for such practitioners' harmful or unethical practices.

In some cases, however, state licensure and grievance procedures are being used to promulgate unfounded charges and deliberate harassment against therapists who work with victims of abuse. This situation, coupled with inadequacies in the processes for investigating and resolving complaints, can inflict damaging expenses and embarrassment even for therapists who ultimately are cleared of all charges.

At least one advocacy group is known to have mounted a campaign to promote lawsuits against psychotherapists by providing instructions and supportive materials for initiating legal action. The same group also has organized a nationwide initiative to introduce model legislation that could jeopardize the practice of psychotherapy, with state legislatures setting standards for practitioners and limiting the types of therapy deemed appropriate for violent families ordered by the court to receive treatment.

The APA's ad hoc Committee on Legal and Ethical Issues in the Treatment of Interpersonal Violence has recently produced two publications: Potential Problems for Psychologists Working With the Area of Interpersonal Violence; and Professional, Ethical and Legal Issues Concerning Interpersonal Violence, Maltreatment and Related Trauma.

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