Informed Consent in Forensic Evaluations
Psychotherapy in Private Practice
Until very recently, the idea of informed consent was not seen as relevant to forensic evaluations performed in reference to a Court Order. However, several recent Court decisions have suggested otherwise, indicating that the patient needs to know that the relationship between himself or herself and the examiner is not a confidential one and that the material will be made available to the Court or various attorneys. This paper will follow the evolution of the concept of informed consent through several Supreme Court decisions and a series of more recent cases regarding privilege and waiver of privilege. Suggested formats for informed consent will be presented and a model will be proposed indicating the lack of confidentiality in the relationship, the sources to whom the report will be made available and guidelines or assessing the competency of the patient to understand those procedures.
Shapiro, D. L.
(1991). Informed Consent in Forensic Evaluations. Psychotherapy in Private Practice, 9(1), 145-154.
Available at: https://nsuworks.nova.edu/cps_facarticles/861