Linking adults' problems with children's pain: Legal, ethical and clinical issues

Abstract

The focus of this article is on families with both parental mental health issues and child protection concerns, a common clinical situation. Ethical dilemmas can arise from conflicting laws in a particular jurisdiction. This is evident in the State of South Australia,Australia.The issue is highlighted by examining the Mental Health Act 1993 (SA), the Children’s Protection Act 1993 (SA) and Mental Health Act 2009 (SA). In developing a family approach where a parent has a mental illness and where statutory child protection concerns exist, both the Mental Health Act and the Children’s Protection Act are needed to inform the clinical decision making for family members. Clinical, ethical, and legal issues are discussed. Two ethical models: Relational Ethics and Co-operation Despite Disagreement put forward the need for services to develop meaningful dialogue and collaborative practice. Professional codes of ethics need to address these complex, pluralistic ethical issues.