A Handbook for Psychological Fitness-for-Duty Evaluations in Law Enforcement

by Trepper; Terry S

• ISBN13: 9780789023971
• ISBN10: 0789023970
• Edition: 1st
• Format: Nonspecific Binding
• Copyright: 2004-07-14
• Publisher: Routledge

Summary

While some police psychology books contain a chapter on fitness for duty, this is the first comprehensive publication focused exclusively on psychological fitness-for-duty evaluations (FFDEs) for law enforcement personnel. This book presents detailed instructions for setting up a fitness-for-duty methodology, and examines the effectiveness of FFDEs in law enforcement. This handbook is ideal for professionals as well as for coursework aimed at prospective police or municipal officials, psychologists, students, behavioral science specialists, human rights advocates, and attorneys. A helpful glossary makes the book even more useful for students and those without formal training in psychology or public administration, and several appendices provide examples of documentation to use in the evaluation process. This book presents reliable information on legal precedents, with a review of legal cases (in language appropriate for law enforcement executives and psychologists); the interaction between police culture, psychological assessment, and therapy; federal laws that impact FFDEs, including the HIPAA, the Americans with Disabilities Act, the Family Medical Leave Act and the Fair Credit Reporting Act; case law and FFDEs, with emphasis on civil rights laws, labor issues, professional ethical dilemmas, and the psychologist as a potential expert witness; the proper uses -- and the misuses -- of the FFDE approach; and police departmental civil liability and the role that the FFDE plays in addressing legal risk.

Table of Contents

Preface and Acknowledgments	xiii
SECTION I: THE HISTORY AND DEVELOPMENT OF POLICE PSYCHOLOGY
Chapter 1. Law Enforcement Agencies and Police Psychology	3	(18)
American Policing	5	(2)
The First American Police Reform Movement	7	(1)
The Second American Police Reform Movement	8	(2)
The Third American Police Reform Movement	10	(2)
U.S. Police Structures	12	(1)
Early Police Psychological Testing	13	(2)
Development of Professional Police Psychology and EAPs	15	(1)
Some Contemporary Issues in Policing	16	(5)
Chapter 2. Police Culture and Assessment/Therapy Issues	21	(22)
Culture	22	(1)
Police-Specific Psychological Assessment, Treatment, and EAP	23	(3)
Special Issues of Psychotherapy in Police Settings	26	(14)
Mental Health Programs	40	(3)
Chapter 3. Law Enforcement Liability and Police Psychology	43	(14)
The Civil Rights Act of 1871	45	(1)
Municipal Liability	46	(1)
Case Law	47	(3)
Failure to Discipline	50	(1)
Expert Testimony by the FFDE P rovider	50	(1)
Duty to Warn	51	(1)
Liability for the Certifying Provider	52	(1)
The Right to Offer Opinion of Mental Health Before Employment	53	(4)
SECTION II: THE MECHANICS OF THE FITNESSFOR-DUTY EVALUATION METHODOLOGY
Chapter 4. Usefulness of Fitness-for-Duty Evaluations in Law Enforcement Agencies	57	(8)
The Case of Officer Bob	57	(2)
Law Enforcement Executives' Choices	59	(3)
The FFDE Option	62	(3)
Chapter 5. Defining the Fitness-for-Duty Evaluation	65	(8)
Who May Offer the FFDE Service?	66	(1)
Positive Risk	67	(2)
Negative Risk	69	(4)
Chapter 6. Developing a Fitness-for-Duty Evaluation System	73	(8)
Friend of the Chief	74	(2)
General FFDE Goals	76	(2)
Administrative Conflict of Interest	78	(3)
Chapter 7. Forms and Styles for the Fitness-for-Duty Evaluation in Law Enforcement	81	(18)
Officer Instructions	81	(2)
Officer Personal Information	83	(1)
Directions for an FFDE Appearance	84	(2)
Third-Party Observations	86	(1)
Electronic Recordings	87	(1)
Copy of the Report	87	(2)
Defamation	89	(1)
Misrepresentation on FFDEs	90	(1)
Résumé Fraud and Free Speech	90	(1)
FFDE Confidentiality in Court Actions	91	(1)
Administrative Forms of FFDEs: Internal and External Providers	91	(3)
Are FFDEs Mandatory?	94	(1)
Lybarger Admonishment	95	(1)
Insubordination	96	(3)
Chapter 8. Assessment: Methods and Procedures	99	(18)
Processing the Officer into the FFDE Setting	99	(3)
Explaining the Nature of All Self-Report Materials	102	(2)
Ending the FFDE Contact with the Officer	104	(1)
Immediate LE Executive Feedback	105	(1)
The Minimum Necessary Rule	105	(1)
Independent Treatment Review Service	106	(1)
Psychology and Law Enforcement Personnel Methods	107	(3)
Cognitive Testing and FFDEs	110	(1)
Introduction to Statistical Considerations for Police Executives	111	(1)
Predictive Validity	112	(1)
Clinical, Forensic, and Fitness-for-Duty Evaluations	113	(4)
Chapter 9. Fitness-for-Duty Report Recommendations	117	(14)
Special Records Section	117	(2)
Postevaluation Outcome Assessment and Distortion	119	(1)
Postassessment Treatment Recommendations	120	(1)
FFDE Provider Recommendations	121	(5)
Release of Records to Third Parties	126	(5)
SECTION III: FORENSIC ISSUES IN FITNESSFOR-DUTY EVALUATIONS
Chapter 10. Expert Witnesses and the Defense of Selection/Fitness Decisions	131	(10)
The Case of Detective Reed	131	(2)
Federal Rules of Evidence 702	133	(6)
Examining the Expert's Methods	139	(2)
Chapter 11. Reasons for Fitness-for-Duty Evaluations	141	(10)
The Key Issues	141	(1)
Reasons for Referral	142	(9)
Chapter 12. Misuse of Fitness-for-Duty Evaluations	151	(10)
The Case of Officer Tim	151	(5)
Improper FFDE Referrals	156	(5)
SECTION IV: FEDERAL LAW AND FITNESSFOR-DUTY EVALUATIONS
Chapter 13. Confidentiality of Psychological Information and the HIPAA in Police Psychology	161	(18)
Ethical Issues About Confidentiality	162	(2)
Confidentiality and Mental Health Treatment	164	(1)
Confidentiality Law	165	(4)
The Health Insurance Portability and Accountability Act of 1996	169	(7)
Suggestions for the Law Enforcement Executive and Police Psychologist	176	(3)
Chapter 14. The Americans with Disabilities Act and Fitness-for-Duty Evaluations	179	(22)
The Americans with Disabilities Act	179	(5)
ADA Disability Definition and the Supreme Court	184	(17)
Chapter 15. The Family Medical Leave Act, the Fair Credit Reporting Act, and Fitness-for-Duty Evaluations	201	(16)
The Family Medical Leave Act	201	(3)
The Fair Credit Reporting Act	204	(7)
The Fair and Accurate Credit Transactions Act	211	(2)
Commentary	213	(4)
SECTION V: CONCLUSIONS
Chapter 16. Reflections and the Future of Law Enforcement Fitness-for-Duty Evaluations	217	(20)
The Future of the Law Enforcement FFDE	218	(9)
A Model Bill	227	(5)
Final Thoughts	232
APPENDIXES
Appendix A. Fitness-for-Duty Evaluation Guidelines	237	(6)
Appendix B. Fitness-for-Duty Evaluation Regulation Model	243	(10)
Appendix C. Fitness-for-Duty Evaluation Letter of Guidance	253	(4)
Appendix D. Fitness-for-Duty Letter for Officer to Report for Examination: Mandatory and Optional Programs	257	(4)
Appendix E. Sample Fitness-for-Duty Evaluation Report	261	(6)
Appendix E Statement of Understanding	267	(2)
Glossary	269	(24)
Bibliography	293	(10)
Index	303