Model Protocol for Multidisciplinary Teams - Office of the Attorney ...

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Psychotherapist-Client Privilege -- KRS 422A.0507The Kentucky Rules of Evidence provide a privilege for psychotherapists withinKentucky Rule of Evidence (KRE) 507 1 . A communication between a psychotherapistand a client is "confidential" if not intended to be disclosed to third persons other thanthose present to further the interest of the client in the consultation or interview, personsreasonably necessary for the transmission of the communication, or persons who arepresent during the communication at the direction of the psychotherapist (includingmembers of the client's family). A psychotherapist is defined to include a licensed orcertified psychologist, licensed clinical social worker, a registered nurse, or licensedphysician engaged in the diagnosis or treatment of a mental condition. A client has aprivilege to refuse to disclose and to prevent any other person from disclosingconfidential communications made for the purpose of diagnosis or treatment of his orher mental condition. Exceptions to this privilege include:1) In proceedings to hospitalize the client for mental illness, if the psychotherapist inthe course of diagnosis or treatment has determined that the patient is in need ofhospitalization;2) If a judge finds that a client, after having been informed that the communicationswould not be privileged, has made communications to a psychotherapist in thecourse of an examination ordered by the court, providing that suchcommunications shall be admissible only on issues involving the patients mentalcondition; or3) If the client is asserting his or her physical, mental or emotional condition as anelement of a claim or defense; or, after the clients' death, in any proceeding inwhich any party relies upon the condition as an element of a claim or defense.1Subsequent to the adoption of these court rules, legislation has been passed by the KentuckyGeneral Assembly moving marriage and family therapists and professional counselors to KRE507 at the time these professions attained licensure, not solely certification.36
TRAINING FOR MULTIDISCIPLINARY TEAM MEMBERSTraining should be recognized as very important to team development. Individualmembers should take responsibility for assisting other members from differentprofessions to understand policy, procedures, and techniques with which all teammembers may not be familiar. Cross training on the respective roles of team membersand training in working together, as a group is particularly important.Training content, which is useful for team members, may be classified as follows:• "Legal issues" include statutes on child sexual abuse, reporting requirements,legal remedies for protection, preparation for courtroom testimony, legalconstraints and mandates, documentation for courtroom testimony, and relatedissues;• "Child sexual abuse investigation" may include interviewing children, validatingabuse allegations, obtaining evidence for prosecution, dynamics and profiles ofsex offenders, indicators of abuse and neglect, child development, joint (lawenforcement and DCBS) interviews, and related issues;• "Treatment" may include the impact and recovery from trauma, childdevelopment, assessment, identification of factors which modulate the impact ofabuse, the advantages, disadvantages and safeguards needed for familyreunification, treatment planning, monitoring compliance with offender treatment,and related issues;• "Team operation" can include team building and process facilitation, proceduresand guidelines of the various professions, conflict resolution, information sharing,collaborative decision making, and related issues;• "General knowledge" may include available community resources and victimservices, values clarification, how to deal with child abuse cases without feelingoverwhelmed or getting too involved, basic communication skills, and relatedissues.Teams may wish to create a training plan for its membership that can include anorientation session for new members, as well as continuing education provided eachyear. Training needs assessments may be distributed to each member from whom alist of training topics to be offered during the year may be planned. Team trainings maybe offered as brief segments of regularly scheduled meetings or during meetingsspecially convened for the purpose of training. Some team members are required toattend training on child sexual abuse, including prosecutors (KRS 15.718), victimadvocates (KRS 421.500) and law enforcement (KRS 15.946).37
Page 1 and 2: KENTUCKY MULTIDISCIPLINARY COMMISSI
Page 3 and 4: INTRODUCTIONStatement of the Proble
Page 5 and 6: sexual victimization of Kentucky's
Page 7 and 8: Kentucky Multidisciplinary Teams: C
Page 9 and 10: Kentucky Multidisciplinary Commissi
Page 11 and 12: ROLES OF MULTIDISCIPLINARY TEAM MEM
Page 13 and 14: should establish procedures for the
Page 15 and 16: upon by the prosecutor and local te
Page 17 and 18: or psychiatrists licensed pursuant
Page 19 and 20: workers providing case work service
Page 21 and 22: OPERATION OF THE MULTIDISCIPLINARY
Page 23 and 24: JOINT INVESTIGATION FUNCTION OF THE
Page 25 and 26: Investigative ProceduresEstablishin
Page 27 and 28: making, information sharing, hierar
Page 29 and 30: experience). In cases originating i
Page 31 and 32: CASE REVIEW FUNCTION OF THE MULTIDI
Page 33 and 34: Information Presented During the Ca
Page 35: health agency's overall consent for
Page 39: fully functioning. The system will

Model Protocol for Multidisciplinary Teams - Office of the Attorney ...

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