CALIFORNIA LAW & ETHICS SOCIAL WORK
LCSW/ASW EXAM (CA L&E) LATEST
UPDATE 2026 STUDY GUIDE | PRACTICE
QUESTIONS, ANSWERS & RATIONALES
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Updated 2026 Questions and Answers
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,What are the exceptions to confidentiality? Under California law, there are several exceptions to the confidentiality of
psychotherapy. The primary exceptions to confidentiality concern harm to self or
others:
Where there is a reasonable suspicion that a client is likely to harm him or herself
unless protective measures are taken.
Where there is a reasonable suspicion of child abuse or elder adult physical abuse
(see Mandated Reporting section);
Where there is a reasonable suspicion of the potential for danger of violence to
others (see Duty to Warn section);
What is reasonable suspicion according to Lowenthal 1. Reasonable suspicion does not require certainty that child abuse or neglect has
Child Abuse Reporting guidelines? occurred;
2. Reasonable suspicion does not require a specific medical indication of child
abuse or neglect; any reasonable suspicion is sufficient; and
3. Reasonable suspicion may be based on any information considered credible by
the reporter, including statements from other individuals.
How should a therapist approach treatment It is important for the provider to be specific with regard to confidentiality issues
confidentiality with families or couples? and to seek agreement among the parties involved concerning each individual's
right to confidentiality and obligation to preserve the confidentiality of
information shared by others.
How should a therapist approach treatment The mental health provider cannot guarantee that group members will keep
confidentiality with groups? information confidential and this information is important to share with all group
members in advance of group psychotherapy.
Can clients access their therapeutic medical record? Yes - clinicians are ethically mandated to support clients in record review. Per the
NASW ethical code: "Social workers should provide clients with reasonable
access to records concerning the clients. Social workers who are concerned that
clients' access to their records could cause serious misunderstanding or harm to
the client should provide assistance in interpreting the records and consultation
with the client regarding the records. Social workers should limit clients' access to
their records, or portions of their records, only in exceptional circumstances when
there is compelling evidence that such access would cause serious harm to the
client. Both clients' requests and the rationale for withholding some or all of the
record should be documented in clients' files."
What is privileged communication? Privileged communication refers to a private statement that must be kept in
confidence by the recipient for the benefit of the communicator."
How many privileges are there in CA? 13 recognized
Who holds the privilege? Client if no guardian or conservator
If so, guardian/conservator holds it
Who holds privilege if client is dead? Personal representative
,If you want to release information from a group, family or • If your identified patient is a group, family, or couple you must receive a waiver
couple, what must you do? from each and every member of the group before you can release any
information.
Do minor children hold privilege? Yes - If your patient is a minor child, he or she holds the privilege. A minor's
parents do not hold the privilege for the minor. The only time a parent could hold
the privilege for the minor is if the court has specifically appointed the parent as a
guardian ad litem
How is privilege asserted for minors with regard to • If your patient is a minor, you must assert the privilege on his or her behalf. If the
attorneys? minor has an attorney, the attorney can make the decision to waive or assert the
privilege.
What does the NASW Code of Ethics say about when the Social workers should protect the confidentiality of clients during legal
law orders social workers to break confidentiality without proceedings to the extent permitted by law. When a court of law or other legally
client permission? authorized body orders social workers to disclose confidential or privileged
information without a client's consent and such disclosure could cause harm to
the client, social workers should request that the court withdraw the order or limit
the order as narrowly as possible or maintain the records under seal, unavailable
for public inspection." Although it is ethically preferable, then, not to reveal
treatment information, this may still be required by the court.
What could happen if a provider receives a subpoena waive privilege and allow the provider to provide the subpoenaed information; or
from an attorney to provide copies of clinical records? invoke privilege and refuse to allow the release of information.
In the latter case, the judge will determine whether the treating professional must
release information and the judge can issue a court order.
What is required in order for a social worker to be forced Court order by the judge
to provide information even though privilege is invoked?
In CA, how old must minors be to consent to mental 12
health treatment or counseling if 2 requirements are met?
What are the requirements? a) The minor, in the opinion of the attending professional person, is mature
enough to participate intelligently in the outpatient services or residential shelter
services
AND
1) The minor would present a danger of serious physical or mental harm to self or
others without the mental health treatment or counseling or residential shelter
services
or
2) is an alleged victim of incest or child abuse."
If requirements are met, can minors 12+ consent to Yes to subst abuse tx
medical care and counseling related to dx and tx of a
drug or alcohol problem? What about psych meds or No to psych meds or inpt hospitalization - both require parental consent
inpt hospitalization?
, What is required to share a minor's (12+) Minor's written consent
information/medical record with others, including
parents?
Should a provider attempt to involve a parent/guardian in Yes - unless inappropriate
a minor's tx?
At what age does a person become an "elder" under 65
California Welfare and Institution Code?
When should a therapist file a report? How about for Immediately by phone and a written report within 36 hours
APS?
Immediately by phone and written report within 2 working days
What do mandated reporters have immunity to? Civil & criminal liability
What is a mandated reporter subject to if they fail to file a Misdemeanor criminal prosecution & fines
report?
If harm comes to a child through the result of a professional's failure to report
abuse, even stiffer penalties may exist.
What does CA require of social workers applying for a Due to the importance of accurate knowledge of child abuse, all persons
license with regard to child abuse reporting? applying for a license as a marriage and family therapist or clinical social worker
needs to complete at least 7 hours of training in child abuse assessment and
reporting. Additionally the BBS will not issue a license to a person who has been
convicted of a crime in this or any other state or in a territory of the United States
that involves sexual abuse of children or who is required to register pursuant to
Section 290 of the Penal Code or the equivalent in another state or territory.
What is Laura's Law? "Laura's Law," was written in response to these concerns. Laura's Law allows
California counties to decide whether to opt to implement a community-based,
court-monitored outpatient treatment program. These programs require
outpatient treatment for a seriously mentally ill person who is unlikely to survive
safely in the community without supervision, has a history treatment
noncompliance, and presents a serious risk of harm to self or others. At the
present time some, but not all, California counties have adopted Laura's Law.
LCSW/ASW EXAM (CA L&E) LATEST
UPDATE 2026 STUDY GUIDE | PRACTICE
QUESTIONS, ANSWERS & RATIONALES
| GRADED A+ | GUARANTEED SUCCESS
Updated 2026 Questions and Answers
100% Verified Exam Prep and Comprehensive
Rationales Included
,What are the exceptions to confidentiality? Under California law, there are several exceptions to the confidentiality of
psychotherapy. The primary exceptions to confidentiality concern harm to self or
others:
Where there is a reasonable suspicion that a client is likely to harm him or herself
unless protective measures are taken.
Where there is a reasonable suspicion of child abuse or elder adult physical abuse
(see Mandated Reporting section);
Where there is a reasonable suspicion of the potential for danger of violence to
others (see Duty to Warn section);
What is reasonable suspicion according to Lowenthal 1. Reasonable suspicion does not require certainty that child abuse or neglect has
Child Abuse Reporting guidelines? occurred;
2. Reasonable suspicion does not require a specific medical indication of child
abuse or neglect; any reasonable suspicion is sufficient; and
3. Reasonable suspicion may be based on any information considered credible by
the reporter, including statements from other individuals.
How should a therapist approach treatment It is important for the provider to be specific with regard to confidentiality issues
confidentiality with families or couples? and to seek agreement among the parties involved concerning each individual's
right to confidentiality and obligation to preserve the confidentiality of
information shared by others.
How should a therapist approach treatment The mental health provider cannot guarantee that group members will keep
confidentiality with groups? information confidential and this information is important to share with all group
members in advance of group psychotherapy.
Can clients access their therapeutic medical record? Yes - clinicians are ethically mandated to support clients in record review. Per the
NASW ethical code: "Social workers should provide clients with reasonable
access to records concerning the clients. Social workers who are concerned that
clients' access to their records could cause serious misunderstanding or harm to
the client should provide assistance in interpreting the records and consultation
with the client regarding the records. Social workers should limit clients' access to
their records, or portions of their records, only in exceptional circumstances when
there is compelling evidence that such access would cause serious harm to the
client. Both clients' requests and the rationale for withholding some or all of the
record should be documented in clients' files."
What is privileged communication? Privileged communication refers to a private statement that must be kept in
confidence by the recipient for the benefit of the communicator."
How many privileges are there in CA? 13 recognized
Who holds the privilege? Client if no guardian or conservator
If so, guardian/conservator holds it
Who holds privilege if client is dead? Personal representative
,If you want to release information from a group, family or • If your identified patient is a group, family, or couple you must receive a waiver
couple, what must you do? from each and every member of the group before you can release any
information.
Do minor children hold privilege? Yes - If your patient is a minor child, he or she holds the privilege. A minor's
parents do not hold the privilege for the minor. The only time a parent could hold
the privilege for the minor is if the court has specifically appointed the parent as a
guardian ad litem
How is privilege asserted for minors with regard to • If your patient is a minor, you must assert the privilege on his or her behalf. If the
attorneys? minor has an attorney, the attorney can make the decision to waive or assert the
privilege.
What does the NASW Code of Ethics say about when the Social workers should protect the confidentiality of clients during legal
law orders social workers to break confidentiality without proceedings to the extent permitted by law. When a court of law or other legally
client permission? authorized body orders social workers to disclose confidential or privileged
information without a client's consent and such disclosure could cause harm to
the client, social workers should request that the court withdraw the order or limit
the order as narrowly as possible or maintain the records under seal, unavailable
for public inspection." Although it is ethically preferable, then, not to reveal
treatment information, this may still be required by the court.
What could happen if a provider receives a subpoena waive privilege and allow the provider to provide the subpoenaed information; or
from an attorney to provide copies of clinical records? invoke privilege and refuse to allow the release of information.
In the latter case, the judge will determine whether the treating professional must
release information and the judge can issue a court order.
What is required in order for a social worker to be forced Court order by the judge
to provide information even though privilege is invoked?
In CA, how old must minors be to consent to mental 12
health treatment or counseling if 2 requirements are met?
What are the requirements? a) The minor, in the opinion of the attending professional person, is mature
enough to participate intelligently in the outpatient services or residential shelter
services
AND
1) The minor would present a danger of serious physical or mental harm to self or
others without the mental health treatment or counseling or residential shelter
services
or
2) is an alleged victim of incest or child abuse."
If requirements are met, can minors 12+ consent to Yes to subst abuse tx
medical care and counseling related to dx and tx of a
drug or alcohol problem? What about psych meds or No to psych meds or inpt hospitalization - both require parental consent
inpt hospitalization?
, What is required to share a minor's (12+) Minor's written consent
information/medical record with others, including
parents?
Should a provider attempt to involve a parent/guardian in Yes - unless inappropriate
a minor's tx?
At what age does a person become an "elder" under 65
California Welfare and Institution Code?
When should a therapist file a report? How about for Immediately by phone and a written report within 36 hours
APS?
Immediately by phone and written report within 2 working days
What do mandated reporters have immunity to? Civil & criminal liability
What is a mandated reporter subject to if they fail to file a Misdemeanor criminal prosecution & fines
report?
If harm comes to a child through the result of a professional's failure to report
abuse, even stiffer penalties may exist.
What does CA require of social workers applying for a Due to the importance of accurate knowledge of child abuse, all persons
license with regard to child abuse reporting? applying for a license as a marriage and family therapist or clinical social worker
needs to complete at least 7 hours of training in child abuse assessment and
reporting. Additionally the BBS will not issue a license to a person who has been
convicted of a crime in this or any other state or in a territory of the United States
that involves sexual abuse of children or who is required to register pursuant to
Section 290 of the Penal Code or the equivalent in another state or territory.
What is Laura's Law? "Laura's Law," was written in response to these concerns. Laura's Law allows
California counties to decide whether to opt to implement a community-based,
court-monitored outpatient treatment program. These programs require
outpatient treatment for a seriously mentally ill person who is unlikely to survive
safely in the community without supervision, has a history treatment
noncompliance, and presents a serious risk of harm to self or others. At the
present time some, but not all, California counties have adopted Laura's Law.
