Competence: A requirement in practice

Relevant Ethical Codes  

At PsychLaw.net we emphasize that the National Association of Social Workers clearly prohibits social workers from practicing outside their area of competence.  In particular, Standard 1.04 (a), addressing “Competence, states: 

Social workers should provide services and represent themselves as competent only within the boundaries of their education, training, license, certification, consultation received, supervised experience, or other relevant professional experience.

 Similarly, the Code of Ethics of the American Association for Marriage and Family Therapy prohibits marriage and family therapists from practicing outside their area of competence.  In particular, Standard 3.6, addressing  Professional Competence and Integrity, states: 

Marriage and family therapists do not diagnose, treat, or advise on problems outside the recognized boundaries of their competence.

 Relatedly, the “Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry” clearly prohibit psychiatrists from practicing outside their area of competence.  In particular, Section 2.3 of these principles state: 

A psychiatrist who regularly practices outside his/her area of professional competence should be considered unethical. Determination of professional competence should be made by peer review boards or other appropriate bodies.

 Cross Examining Non Psychologists Regarding Psychological Testing 

  1. Your professions ethical code clearly prohibits you from practicing outside your area of competence  Correct? 
  2. Your license [or certification] in this state does not define psychological testing as falling within your scope of practice  Correct? 
  3. And we have already established that you are not familiar with many fundamental concepts related to psychological testing  Correct? (referring to the cross examination questions found in Section B of this chapter). 
  4. Therefore, you are obligated to acknowledge that your reliance on psychological tests in this case amounts to your practicing outside your area of competence  Correct? 

  Examiner Influences 

At PsychLaw.net we emphasize that unlike most diagnostic procedures in medicine, the results of psychological testing can be substantially influenced by the psychologist who obtains them.  This is particularly so for the “subjective psychological tests discussed in the next chapter, but it can apply to objective measures as well. For example, the expectations of psychologists can alter how they administer and score intelligence tests.iv  Examiners who think they are testing intellectually bright subjects assign them higher IQ scores in contrast to subjects they think are dull.v  Performance on the Rorschach technique varies considerably according to whether patients take it from their own therapist or another psychologist.vi    At PsychLaw.net we note that this research indicates that the data obtained from most psychological tests might be quite different if another psychologist did the testing. More about the Rorschach in Other posts. 

 Cross Examination Regarding Examiner Influences 

  1. The results of psychological tests can be influenced by the examiners who administer them  Correct? 
  2. Would it surprise you to know that examiners who mistakenly think they are testing intellectually bright subjects assign them artificially high IQ scores? 
  3. And would it surprise you to know that examiners who mistakenly think they are testing dull subjects assign them artificially low IQ scores?
  4. And results on the Rorschach test can be influenced by who administers the test  Correct? 
  5. Therefore, if another psychologist did the psychological testing in this case, the obtained scores could be different  Correct? 

What’s in a Name: Defining Parental Alienation

 We know at PsychLaw.net that parental alienation (PA) is a serious mental condition that affects hundreds of thousands of children and families in the United States and comparable numbers in other countries.  Mental health professionals (MHPs), family law attorneys, and everyday citizens observe PA on a regular basis, even if they do not know that the phenomenon has a name, where it comes from, or what to do about it.  PA is not new. PA has been observed for many decades and has been described and discussed in the scientific literature of MHPs, in legal literature and precedents, and in popular literature – although the condition has been called a variety of names other than “parental alienation.”   

 PA is a mental condition in which a child – usually one whose parents are engaged in a high-conflict separation or divorce – allies himself or herself strongly with an alienating parent and rejects a relationship with the target parent without legitimate justification. 

 Several features of the definition should be noted. PA can be conceptualized as a mental condition of the child (e.g., the child has a false belief that the rejected or “target” parent is evil, dangerous, or not worthy of love) or an aberration in the relationship between the child and the rejected, target parent (e.g., absence of communication and camaraderie between child and parent, even though they previously enjoyed a loving, nurturing relationship).  We refer to “separation or divorce” because PA often occurs prior to legal divorce and in families in which the parents were never married in the first place.  PA may occur in high-conflict marriages when the parents are still living in the same household.  It is essential to recognize that the child’s rejection of the target parent is without legitimate justification.  If a parent was abusive or severely neglectful, the child’s rejection of that parent is understandable or legitimate and does not constitute PA. It is best to follow the convention of most writers, who use “estrangement” to refer to warranted rejection of a parent and “alienation” to refer to unwarranted rejection. Finally, we realize that the target parent may not be a typically “perfect” mother or father and that the target parent may have contributed in some way to the child’s dislike of him or her.  However, the essential feature of PA is that the child’s rejection of the target parent is far out of proportion to anything that parent has done to justify the rejection. 

 In the last eight decades, various authors have described the phenomenon of PA, but have provided different names for it.  For example, Wilhelm Reich (1945) wrote that many divorced parents defend themselves against what he called “narcissistic” injury by fighting for custody of their children. He found that parents who experienced narcissistic injury often defamed each other and did so in front of the children.  Louise Despert (1953) said, “It is a sharp temptation for the parent who remains with the child to break down their love for the one who has gone” (p. 52).  Jack Westman and his colleagues (1970) wrote that a “pattern is found in which one parent and a child team up to provide an effect on the other parent. … In these cases one parent appears to deliberately undermine the other through a child.” 

 Since the 1980s, many mental health and legal professionals in the U.S. and other countries have identified, described, discussed, and named the condition that we are calling “parental alienation.”  The proliferation of names has led to confusion and, at times, disagreement among professional colleagues.Here are some examples in chronological order. 

 Janet Johnston and her colleagues (Johnston, Campbell, & Mayes, 1985) reported the “distress and symptomatic behavior of 44 children … who were the subject of post-separation and divorce disputes over their custody and care.”  The authors described six primary responses of these children to their parents: “strong alliance,” “alignment,” “loyalty conflict,” “shifting allegiances,” “acceptance of both” with “avoidance of preferences,” and “rejection of both.”  Their definition of “strong alliance” was “a strong, consistent, overt (publicly stated) verbal and behavioral preference for one parent together with rejection and denigration of the other.  It is accompanied by affect that is clearly hostile, negative and unambivalent.”  They wrote, “The child consistently denigrated and rejected the other parent.  Often, this was accompanied by an adamant refusal to visit, communicate, or have anything to do with the rejected parent.”  

Child psychiatrist Richard Gardner (1985) introduced the concept of “parental alienation syndrome” (PAS): 

[Parental alienation syndrome refers] to a disturbance in which children are obsessed with deprecation and criticism of a parent – denigration that is unjustified and/or exaggerated. … The concept of the parental alienation syndrome includes the brainwashing component but is much more inclusive.  It includes not only conscious but subconscious and unconscious factors within the parent that contribute to the child’s alienation.  Furthermore (and this is extremely important), it includes factors that arise within the child – independent of the parental contributions – that contribute to the development of the syndrome. 

 Although Gardner never named the condition after himself, PAS has been called “Zespół Gardnera” or “Gardner Syndrome” in Poland. 

Wallerstein and Blakeslee (1989) ome,” referring to the Greek myth in which Medea avenged the betrayal of her husband, Jason, by killing their two children. 

 Stanley Clawar, a sociologist, and Brynne Rivlin, a social worker (1991), published their monumental study, which had been commissioned by the American Bar Association.  They used the terms “programming” and “brasuggested that some mothers could be “entangled with Medea-like rage.”  Thus, the “Medea syndrinwashing” to describe the attitudes and behavior that causes PA.  They said:  

 [One parent may] hinder the relationship of the child with the other parent due to jealousy, or draw the child closer to the communicating parent due to loneliness or a desire to obtain an ally.  These techniques may also be employed to control or distort information the child provides to a lawyer, judge, conciliator, relatives, friends, or others, as in abuse cases. (p. 15) 

 Wallerstein, Kelly, Blakeslee, Johnston, Gardner, Clawar, and Rivlin were writing about the same children and the same clinical phenomenon.  When Johnston wrote about the impact of polarizing parents in high conflict cases, she noted that “strong alignments are probably most closely related to the behavioral phenomena Gardner referred to as parental alienation syndrome” (1993).  Kelly and Johnston (2001) subsequently renamed the condition “the alienated child” to focus clinical attention on the child rather than on the activities of the parents.In 1994, Ira Turkat argued that custodial parents engage in a variety of direct and indirect behaviors designed to alienate children from the nonresidential parent. Turkat argued that the result was that the children became preoccupied with unjustified criticism and hatred of the nonresidential parent (Turkat, 1994).  He called the process “malicious parent syndrome” (Turkat, 1999). Warshak (2006) defined “pathological alienation” as:  

 a disturbance in which children, usually in the context of sharing a parent’s negative attitudes, suffer unreasonable aversion to a person or persons with whom they formerly enjoyed normal relations or with whom they would normally develop affectionate relations (p. 361).

 

For a list of references click here.