The title of this post, which in Latin would be agens scientiam, reflects our role as an agent of knowledge. As mental health professionals navigating the intricacies of various laws and legal systems, it is imperative that we act with full understanding of relevant legal concepts and processes.
In our professional capacities, we have a duty to promote the best outcomes for the people we serve. Regardless of whether we are providing therapy in private counseling sessions, testifying in public court, creating electronic records, or advocating for the psychosocial well-being of our clients, our ethical duty remains constant: We need to be informed about various legal topics, including confidentiality, duties to report and protect people from harm, malpractice, and legal contexts, such as the child protection, adult protection, criminal justice, and mental health systems.
You may wonder, “Why is Dr. Barsky employing Latin to convey a concept that could be easily expressed in English?” Is it an attempt to sound erudite or flaunt his credibility in the realm of legal knowledge? Or perhaps using Latin in the title serves as a reminder that when we hear or see something foreign or unfamiliar, we should take that as a cue to ask questions.
Mark Twain has advised, “It’s better to keep your mouth shut and appear stupid than to open it and remove all doubt.” For mental health professionals navigating the complexities of legal contexts, however, maintaining silence is not necessarily the best option. Rather, prudent professionals admit ignorance and ask questions.
They avoid feigning knowledge and placing their clients, agencies, and themselves in peril. Acknowledging what we don’t know and seeking guidance and information indicate professionalism and dedication to our client’s welfare.
The Latin term agens means acting. Agency, an English derivative of agens, means having control over one’s own thoughts and behaviors. When mental health professionals promote client self-determination, they are fostering their client’s agency over their own lives.
Agency may also refer to acting on another person’s behalf. As mental health professionals, we owe our clients a fiduciary duty, an ethical obligation to act in good faith and with loyalty to their wishes and interests. This duty encompasses the duty of informed action, which goes hand-in-hand with being an agent of knowledge.
The term scientiam refers to knowledge. It is also the root of the word “science,” referring to the pursuit of knowledge through systematic observation, data gathering, experimentation, and analysis of particular phenomena. As agents of knowledge, mental health professionals may help themselves and the people they serve by continually seeking to expand their understanding of relevant laws, legal systems, and processes. Just as we need to be knowledgeable and deliberate when providing counseling or therapeutic services, we need to be knowledgeable and deliberate when interacting with legal systems.
To highlight the importance of acting with legal knowledge, let’s consider an example. Assume you are providing counseling services to a client, Clarisse, who is involved in the child protection system. Clarisse is seeing you for assistance with an opiate use disorder. Her son, Stefan, was placed in the care of Clarisse’s mother, Mavis, because child protective services determined that Stefan’s welfare was at risk if he were to continue to live with Clarisse.
Mavis feels that, now that she has her opiate use under control, child protective services should return Stefan to her custody. She cannot understand why protective services are not doing so and asks for your assistance. Before jumping into action and offering help, what do you need to know about the child protection system?
First, it may be helpful to understand the criteria that child protective workers and judges use to make determinations about a child’s protection needs and, particularly, what Mavis may need to demonstrate in order to have Stefan returned to her custody. Mavis may believe that all she has to demonstrate is that she is abstaining from opiates; however, protective services may have other concerns.
Mavis would need to know more specifically about whether protective services are concerned about the risks of physical abuse, neglect, parenting skills, or some other protective issues. If there is a court order, she would need to know the process for going back to court to petition for the return of her child. She may also benefit from knowing what types of plans or evidence would help persuade protective services that returning Stefan to her care is in Stefan’s best interests.
Now, you may be thinking, “If Mavis has questions about the child protection system and court processes, shouldn’t she consult an attorney for advice?” True. Consider, however, that she may not be able to afford the services of an attorney. Even if she has access to an attorney, having additional support from you may be helpful.
If you are not licensed as an attorney, you should not provide legal advice. Still, you may provide clients with legal information to empower them in their interactions with attorneys and legal systems. For instance, you could help Mavis develop questions that she could ask of her attorney.
Alternatively, you could help her develop a plan for the return of Stefan that she could discuss with her child protection worker. Of course, you would need sufficient knowledge of the legal issues and processes to ensure that you provide the client with appropriate information and support.
As mental health professionals, learning about laws affecting clients and our practice is an ongoing process. There is a wealth of excellent textbooks, journal articles, websites, conferences, and continuing education training.
To explore options, consider starting with the websites of relevant professional associations (e.g., American Psychology-Law Society, National Association of Forensic Social Work, American Board of Forensic Psychology, American Psychological Association, and American Counseling Association).
When the need for legal advice arises—going beyond mere legal information—remember to consult a licensed attorney who specializes in the area of law that is pertinent to your situation.
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