This program is sponsored by the Center of Excellence for Children, Families and the Law and the Center for the Study of Psychology and Divorce at the Massachusetts School of Professional Psychology.

Honorable Christina Harms, J.D. (Ret.) and Robert Kinscherff, Ph.D., J.D., instructors

A court may determine that an adult is in need of a legal guardian when that adult’s capacities for decision-making are significantly compromised by psychiatric, medical or other disability.  In cases where a legal guardian is appointed by a court, that guardian then becomes the legal “client” for purposes of informed consent, provision of care, termination and management of confidentiality.  Guardianship cases pose challenges for courts, attorneys, Guardians ad Litem, family members, persons with disabilities, appointed guardians, and medical, mental health and social services providers.  This workshop reviews the law of guardianship and discusses the roles played by the court, clinical and social services providers, attorneys, family members and others in the process of establishing and implementing guardianship.  Using an interactive “teaching case” approach, the recent controversial case of Guardianship of Mary Moe is presented to demonstrate a range of issues that can arise in guardianship cases.  This includes decisions about mental health and medical care, use of social services, abortion and other reproductive choices and life style choices.   Strategies for effective professional practice during or following guardianship proceedings are discussed for use in professional practice by mental health professionals, legal professionals, administrators of clinical and social services organizations and others.  The roles and responsibilities of mental health professionals, attorneys, guardians and others both before and following a guardianship determination are also discussed.

Upon completion of the program the student will be able to:

·   Identify how to proceed if the client/patient is not capable of giving consent to treatment

Program Code: CPP6 
6 CE Credits
Location: at MSPP, Newton

Christina Harms, J.D., is a graduate of Wellesley College and Harvard Law School.  She has worked in the area of children and families for her entire career. For six years she was General Counsel in the MA Department of Social Services (now DCF) and was then appointed as a trial court judge for the MA Probate and Family Court where she served 23 years.  Judge Harms was the trial court judge who heard the case of Guardianship of Mary Moe, a controversial and challenging case involving a pregnant woman diagnosed with schizophrenia.

Robert Kinscherff, PhD, Esq., is a forensic and clinical psychologist and an attorney who has been a member of the MSPP faculty since 1999. He is Associate Vice President for Community Relations at MSPP; Senior Associate for the National Center for Mental Health and Juvenile Justice and a member of the Massachusetts Governor’s Juvenile Justice Advisory Committee. Dr. Kinscherff has previously served as Director of Clinical Services for Easter Seals of New Hampshire, Assistant Commissioner for Forensic Mental Health (Massachusetts Department of Mental Health), Director of Juvenile Court Clinic Services (Administrative Office of the Juvenile Court, MA Trial Court), and Director of Adult Forensic Services (Psychiatry and Law Program, Massachusetts General Hospital). For over a decade, he taught Forensic Mental Health Law and Psychiatry and Law at Boston University Law School. For the American Psychological Association, he has served as a past two-term Chair of the Ethics Committee (EC), Chair of the Committee on Legal Issues (COLI) and Member of the Committee on Professional Practices and Standards (COPPS). He is a past member of the Board and the Editorial Board for the Society on Terrorism Research and has been an invited participant on FBI and RAND Corporation working groups involving the intersection of behavioral sciences, law enforcement and national security. His research and professional practice areas include ethical and professional practice issues in clinical and forensic mental health practice, violence risk assessment and management, juvenile and adult sexual offenders, serious delinquency and juvenile homicide, aggressive and sexually problematic behaviors among youth and adults with developmental disabilities, and severe and unusual forms of child maltreatment. His most recent publication is a co-authored book entitled, APA Ethics Code: Commentary and Case Illustrations. Washington, DC: American Psychological Association Press, 2009.