California Law and Ethics Practice Exam

According to Evidence Code 1024, when can LCSWs and LMFTs breach confidentiality?

1. Only when it benefits the therapist

2. When there's no danger present

3. When a client's mental state may harm themselves or others

4. Only during therapy sessions

The correct answer is: When a client's mental state may harm themselves or others

In the context of California law regarding confidentiality, particularly under Evidence Code 1024, Licensed Clinical Social Workers (LCSWs) and Licensed Marriage and Family Therapists (LMFTs) may breach confidentiality in specific situations where there is a risk of harm. This is primarily when the therapist determines that a client's mental state poses a danger to themselves or to others. The rationale for this provision is grounded in the ethical obligation to protect individuals from foreseeable harm. If a therapist becomes aware of intentions or behaviors that indicate a client may commit self-harm or harm someone else, the law allows for breaching confidentiality in order to prevent such outcomes. This action is not taken lightly, as it involves a careful consideration of the circumstances, but the priority is the safety of the client and the potential victims involved. Choosing this option reflects an understanding of the legal and ethical responsibilities therapists have, particularly in situations that may necessitate intervention for the safety of individuals. Breaching confidentiality in these scenarios is a protective measure, reinforcing the idea that while confidentiality is crucial in therapeutic settings, it is not absolute when serious risks are at stake.