Council Policy Manual: N. Public Interest - Part 3

The APA Policy Manual is a collection of policy actions taken by the APA Council of Representatives. This edition includes action taken after 1960 through February 2001. Some policies adopted subsequent to February 2001 may not be reflected. The texts included in the Manual are the texts of the actual motions passed by Council.

• XIV. Foster Parents
  
• XV. Hate Crimes
  
• XVI. HIV/AIDS
  
• XVII. Homelessness
  
• XVIII. Insanity Defense
  
• XIX. Indeterminate Sanctions & Psychological Treatment
  
• XX. Motor Vehicle Trauma
  
• XXI. Nuclear Arms
  
• XXII. Political Dissent & Mental Hospitals
  
• XXIII. Polygraph Testing

XIV. FOSTER PARENTS

1. 1976

The sex, gender identity, or sexual orientation of natural or prospective adoptive or foster parents should not be the sole or primary variable considered in custody or placement cases.

XV. HATE CRIMES

1. 1988

WHEREAS, the experience of criminal and violent victimization has profound psychological consequences; and

WHEREAS, the frequency and severity of crimes and violence manifesting prejudice have been documented; and

WHEREAS, the American Psychological Association opposes prejudice and discrimination based upon race, ethnicity, religion, sexual orientation, gender, or physical condition.

THEREFORE BE IT RESOLVED that the American Psychological Association encourages researchers, clinicians, teachers, and policymakers to help reduce and eliminate hate crimes and bias-related violence and to alleviate their effects upon the victims, particularly those victims who are children, youth, and elderly,

BE IT FURTHER RESOLVED that the American Psychological Association supports government's collection and publication of statistics on hate crimes and bias-related violence, provision of services for victims and their loved ones, and interventions to reduce and eliminate such crimes and violence, and policies that perpetuate them.

XVI. HIV/AIDS

1. 1986

Recognizing that the epidemic of Acquired Immune Deficiency Syndrome (AIDS) threatens the mental health and civil liberties, as well as physical health, of many persons, the American Psychological Association adopts the following resolution:

The importance of psychosocial and mental health components of AIDS should be stressed in treatment, research, and prevention programs.

APA is also concerned about the public health aspects of AIDS and about he physical and mental health of the public. Therefore APA supports the greater expenditure of public funds for public education regarding AIDS and for the accurate dissemination and utilization of the most current scientific information regarding the prevention and treatment of AIDS.

Necessary mental health services and facilities for persons with AIDS, AIDS-related conditions, or an exaggerated fear about the threat of AIDS should be widely available.

Given current research evidence that individuals do not become infected with the AIDS virus through casual contact, the American Psychological Association deplores the exclusion of persons with AIDS or those suspected of having AIDS from housing, employment, education, or necessary professional services.

The American Psychological Association condemns the use of the AIDS epidemic as a vehicle for fostering prejudice or discrimination against any group or individual.

Until there are empirical data linking specific tests with the eventual development of AIDS, the American Psychological Association condemns indiscriminate testing to detect exposure to AIDS.

Psychologists are urged to combat irrational public fears of AIDS through education and other professional activities including teaching of courses, lectures to the public, counseling and therapy, consultation, and research regarding the fear of AIDS.

Large-scale identification of AIDS seropositive persons, a major public health goal, clearly requires adherence to the requirement of confidentiality of patient records. We urge that this customary ethical tenet be strictly followed in all dealings with persons voluntarily screened for the AIDS virus.

2. 1987

That APA develop recommendations on AIDS prevention within ethnic minority populations and communicate these to public and private agencies conducting AIDS education and prevention programs.

3. 1988

WHEREAS the epidemic of the Acquired Immune Deficiency Syndrome (AIDS) currently threatens the physical health, mental health, and civil liberties of many persons in American society, and

WHEREAS, in 1986 the American Psychological Association adopted a comprehensive resolution outlining APA policies surrounding AIDS, including APA's strong commitment to public education regarding AIDS and its prevention, as well as education to combat irrational public fears of AIDS and its transmission, and

WHEREAS, empirical research has demonstrated that, in addition to imparting knowledge, educational programs designed to effect behavior change should address topics of decision making, risk assessment, attitude change, group norms, and other social and psychological processes, and

WHEREAS, an important strategy for such education should be to provide children and adolescents of all cultural and socio-economic groups with information about AIDS that is gender-relevant, culturally sensitive, and appropriate to their level of intellectual, emotional and social development, and

WHEREAS, the U.S. Surgeon General, Dr. C. Everett Koop, has asserted that 'education concerning AIDS must start at the lowest grade possible as part of any health and hygiene program'.

WHEREAS, effective AIDS education for all age groups must address the behaviors through which AIDS can be transmitted, including but not limited to sexual behavior and sharing of intravenous needles and paraphernalia, and must do so as accurately and explicitly as possible while remaining appropriate to the age and developmental level of the members of targeted audiences, as well as their culture and language,

THEREFORE, be it resolved that the American Psychological Association supports the Surgeon General's Report on Acquired Immune Deficiency Syndrome (1986),

BE IT FURTHER RESOLVED that APA urges that information about AIDS, its transmission and prevention be incorporated into elementary and secondary school curricula in conjunction with educational programs concerning sexuality, drug use, health, and family issues; and that such education be provided at the earliest grade possible, and in a manner appropriate to the child's level of intellectual, emotional, and social development. Priority should be given to culturally and linguistically appropriate prevention and education efforts targeted at Black, Hispanic, and Native American youth. The development of such curricula and programs should be accomplished with all deliberate speed by local boards of education, working closely with parents.

BE IT FURTHER RESOLVED that APA recognizes the importance for AIDS prevention of providing clear and accurate information about sexual behaviors and sharing of needles and syringes, and that the APA deplores attempts by governmental or other institutions to restrict the effectiveness of community-based AIDS-prevention organizations, and

BE IT FURTHER RESOLVED that the APA urges increased funding from governmental and private sources for basic and applied research and evaluation relevant to AIDS education and risk reduction, and

BE IT FURTHER RESOLVED that the APA urges its members to provide their expertise to develop, implement, and evaluate AIDS education and risk-reduction programs.

4. August 1991

On the recommendation of the Ad Hoc Committee on Psychology and AIDS, the Board for the Advancement of Psychology In the Public Interest, and the Board of Directors, Council voted to approve the following resolution on legal liability related to confidentiality and the prevention of HIV transmission:

WHEREAS the status of privileged communication between psychologists and client is legally protected;

WHEREAS information regarding an individual's HIV status may be particularly sensitive given the personal nature of such Information and the potential for discrimination Involved;

WHEREAS providers of psychological services are also concerned about the prevention of HIV transmission and promotion of the public health;

WHEREAS respect for personal dignity, protection of clients/patients from harm, and promotion of access to mental health services demand protection of confidentiality In all but the most extraordinary circumstances;

WHEREAS psychological services to HIV-Infected Individuals make an important contribution to the reduction of risk behaviors that spread such Infection;

WHEREAS legislatures considering exceptions to privileged communications In cases Involving HIV Infection may benefit from the APA position on this Issue;

THEREFORE, BE IT RESOLVED that APA's position on legislation regarding confidentiality and the prevention of HIV transmission is as follows:

A legal duty to protect third parties from HIV Infection should not be imposed.

If, however, specific legislation is considered, then it should permit disclosure only when (a) the provider knows of an identifiable third party who the provider has compelling reason to believe Is at significant risk for Infection; (b) the provider has a reasonable belief that the third party has no reason to suspect that he or she Is at risk; and (c) the client/patient has been urged to Inform the third party and has either refused or Is considered unreliable In his/her willingness to notify the third party.

If such legislation is adopted, It should include immunity from civil and criminal liability for providers who, in good faith, make decisions to disclose or not to disclose information about HIV Infection to third parties.

5. August 1991

On the recommendation of the AdHoc Committee on Psychology and AIDS, the Board for the Advancement of Psychology in the Public Interest, and the Board of Directors, Council voted to adopt the following resolution on Neuropsychological assessment and HIV infection:

WHEREAS Concern has been raised that some persons who are infected with HIV or diagnosed with AIDS experience intellectual, cognitive or neuropsychological difficulties;

WHEREAS many persons with HIV disease and AIDS do not have clinically significant intellectual, cognitive, or neuropsychological deficits;

WHEREAS establishing the existence of intellectual, cognitive, or neuropsychological impairment requires the use of reliable, valid and appropriate assessments;

WHEREAS HIV antibody and antigen testing determine only the presence of viral infection;

WHEREAS HIV serological screening is not a sensitive, specific or appropriate indicator of intellectual, cognitive, or neuropsychological status;

WHEREAS determination of functional, intellectual, or cognitive impairment requires a direct psychological assessment of intellectual, cognitive, or neuropsychological status;

THEREFORE, be it resolved that the serological screening for HIV infection cannot be used to assess functional, intellectual, or cognitive impairment.

6. August 1992

On the recommendation of the Board of Directors and the Ad Hoc Committee on Psychology and AIDS (COPA), Council approved the following resolution:

(Originated by the Ad Hoc Committee on Psychology and AIDS) That the Council approve the following statement, Research on Legal Access to Sterile Injection Equipment by Drug Users, as APA policy:

WHEREAS one method of transmitting the human immunodeficiency virus (HIV), which causes AIDS, from one person to another is through blood residue in shared drug injection equipment;

WHEREAS a large proportion of HIV-infected persons are injecting drug users;

WHEREAS epidemiological projections regarding the future of the AIDS epidemic point to widespread transmission of HIV among injecting drug users and their sexual partners;

WHEREAS injecting drug users and addicts frequently have limited access to sterile injection equipment on a regular basis;

WHEREAS the U.S. government has supported very limited AIDS prevention research involving equipment exchange or other means for addicts to acquire sterile injection equipment;

WHEREAS curtailment of equipment exchange in research projects limits the pursuit of knowledge about the total array of AIDS prevention techniques that may be effective among injecting drug users;

WHEREAS access to health care systems to acquire injection equipment creates a nexus for offering other services to addicted persons, including health-related education and treatment;

THEREFORE BE IT RESOLVED that the APA advocates greatly expanded research, especially demonstration research, on the legal availability of sterile injection equipment as a method of preventing HIV transmission among injecting drug users. Such research should be in the context of also providing other services for drug users, including drug abuse treatment and treatment for HIV infection.

XVII. HOMELESSNESS

1. 1986

Council approved the following motion on homeless mentally ill and disabled in principle and referred it the Board of Social and Ethical Responsibility for Psychology:

"That the American Psychological Association issue a call for a White House Conference on the homeless mentally ill and disabled. Such a conference should have substantial input from psychologists and other professionals who have extensive experience in treating mentally disabled persons as well s from victims of serious mental disabilities and their families, representatives of federal, state, and local governments, private charitable organizations, and other groups with demonstrated interest in this pressing problem. The proposed enterprise should be charged with refocusing current problems and present a more comprehensive and effective system of education, treatment, behavioral interventions, and social actions that should improve the living conditions for this population."

The motion was accompanied by the following issue statement:

"The existence of large numbers of homeless mentally ill and disabled persons in the United States is well documented and is a matter of great concern. The APA deplores the circumstances that have contributed to the large and growing numbers of homeless chronically mentally ill and functionally disabled persons who now roam the streets and back alleys of more and more communities in this country. The roots of neglect lie largely in the lack of preparation for community living and the dearth of appropriate supportive services that would facilitate more healthful and self-sufficient living conditions for this vulnerable population."

2. August 1990

On the recommendation of the Board of Directors, Council voted to support the following resolution on homelessness. The resolution was originated by Division 18 and supported by the Board of Social and Ethical Responsibility, the Board of Ethnic Minority Affairs, the Committee on Children, Youth and Families, and Divisions 9, 34, 37, 43 and 45.

WHEREAS adequate and permanent shelter Is a basic need, and Its absence has a deleterious effect upon physical and mental health, personal development, and the ability to exercise Individual rights and obligations;

WHEREAS groups who have historically been discriminated against, such as ethnic minorities, persons with mental Illness, women, children and youth, have been disproportionately affected by the lack of affordable and suitable housing,

WHEREAS homelessness may contribute to and may result from severe emotional distress and mental Illness;

WHEREAS the number of Individuals and families who are without permanent shelter continues to grow, and the number of people at high risk of becoming homeless Is even larger;

WHEREAS psychologists possess models, theories, techniques, and knowledge that can ameliorate the problems of homeless persons;

THEREFORE be It resolved that the Council of Representatives of the American Psychological Association directs the Executive Vice President and Chief Executive Officer to take the following actions:

Stimulate research to gather accurate Information about the nature and scope of homelessness, psychological coping strategies of those affected, the psychological costs of homelessness to groups such as children and families, the seriously mentally III, Individuals with disabilities, displaced gay and Iesbian youth, and victimized women and chiIdren, and apply these research findings to consumer-related Intervention programs and policy recommendations;

Recommend Immediate action to federal, state, and local officials based on current knowledge to rehouse the homeless, utilize psychologists and other groups experienced In working with poor and ethnic minority communities In policy research and Intervention to assist the homeless, and to provide mental health and supportive services to enable the homeless to Improve their ability to maintain a stable and dignified life style;

Advocate that public funds be provided to finance not only emergency responses to the crisis, but also to Implement preventive programs to keep the number of homeless persons and families from growing larger;

Disseminate accurate Information about homelessness to psychologists, policymakers, and the public to alert them to the social phenomena that exacerbate the problem and suggest both clinical and systems Interventions for those who suffer the consequences of poverty and homelessness;

Encourage and endorse legislation calling for a White House Conference on homelessness.

XVIII. INSANITY DEFENSE

1. 1984

The American Psychological Association has reviewed proposals regarding offenders who are mentally impaired, as developed by the American Bar Association, the American Psychiatric Association, the National Commission on Insanity Defense (constituted by the National Mental Health Association), the National Conference of Commissioners of Uniform State Laws, the U.S. Congress, and state legislatures. APA is aware that in the wake of the Hinkley Presidential assassination-attempt verdict, strong public opinion and political considerations might unduly influence the positions of interested individuals and organizations. APA's strong interests in mentally impaired offenders include: (1) ensuring appropriate treatment; (2) assisting the judge and jury in making legal, scientific and moral determinations; and (3) providing empirical research to serve as a basis for informed public-policy decisions. APA has carefully evaluated the social, scientific and professional aspects of these matters and now takes positions which we believe best serve the public interest.

(1) APA notes that there are many proposals to change the insanity defense standard from its traditional and most prevalent cognitive and volitional tests as embodied by the American Law Institute/Model Penal Code version. The most frequently proposed change, supported by the ABA, the American Psychiatric Association, and U.S. Department of Justice, is to drop from the standard the volitional elements, i.e., whether the defendant was able to conform his or her conduct to the requirements of the law. Before supporting such a dramatic change in the nature of the insanity defense, APA believes it is necessary to examine the existing research literature and to conduct empirical studies, if needed, to provide information about whether the behavioral sciences are able to render informed opinions about behavior control and whether such opinions assist the jury in making their scientific, moral and legal decisions regarding the defendant's responsibility for alleged criminal acts.

(2) APA also notes that several states have adopted a "guilty but mentally ill" verdict to supplement the verdict of "not guilty by reason of insanity" and that many federal and state proposals would supplant and supplement the "not guilty by reason of insanity" verdict with a "guilty but mentally ill" verdict. Based on the research data which have been generated to date and the psycho-legal analyses which have thus far been advanced, APA takes the position that the verdict "guilty but mentally ill" should not be used to supplant or supplement the verdict "not guilty by reason of insanity". (See note).

(3) APA takes no position on whether the prosecutor or defendant should bear the burden of proof with respect to insanity, and what the burden should be, believing that those questions are legal questions, not psychological questions.

(4) APA is particularly interested in and concerned about dispositional issues related to defendants who are mentally impaired. In particular, APA believes that defendants who are dangerous to themselves or others should receive appropriate mental health treatment regardless of a finding of guilt or innocence. APA also is concerned both about premature release of dangerously mentally ill persons and about the public misconceptions regarding the release of nondangerous persons who have been adjudicated not guilty by reason of insanity. APA believes that additional empirical research is needed to provide a sound basis for the important policy decisions surrounding these dispositional issues.

Note: For example, Smith, G.A., and Hall, J.A., "Evaluating Michigan's Guilty but Mentally Ill Verdict: An Empirical Study", Journal of Law Reform, 1982, 16, 77-114. Slovenko, Ralph, "Commentaries on Psychiatry and Law: Guilty but Mentally Ill", Journal of Psychiatry and Law, 1982, 541-555, (see references within). American Psychiatric Association, "Statement on the Insanity Defense", Washington, D.C., Author, December 1982. National Commission on the Insanity Defense, Myths and Realities: A report, Sponsored by the National Mental Health Association, Arlington, VA: Author, March 1983. Additionally regarding both the "guilty but mental ill" verdict and dispositional issues, in Report to the ABA House of Delegates, February, 1983, by the ABA Standing Committee on Association Standards for Criminal Justice and the ABA Commission on the Mentally Disabled.

XIX. INDETERMINATE SANCTIONS & PSYCHOLOGICAL TREATMENT

1. 1975

Affirming that psychological treatment must be offered in a context of respect for the client's integrity, commitment to protecting his or her welfare, and acceptance of the limitations of psychological techniques: and

Recognizing that the closed institutional settings of many existing prisons do not provide a context for psychological treatment consistent with these principles;

The American Psychological Association

1. Opposes the misuse of indeterminate sentences, a practice in which the claim of psychological treatment is often used as justification for depriving individuals of their personal liberty and civil rights without due process; and

2. Supports the efforts of the APA's Board of Social and Ethical Responsibility to explore ways in which the APA can supplement and complement the work of other organizations concerned with this issue and with applications of psychological techniques in prisons more generally.

XX. MOTOR VEHICLE TRAUMA

1. February 1987

WHEREAS: motor vehicle trauma causes damage to every system of the human body and every psychological and social system involving the victims of motor vehicle trauma; and

WHEREAS: the great majority of these deaths, traumatic injuries, psychosocial and financial losses could be prevented or significantly reduced through the application of available or potentially available but neglected countermeasures; and

WHEREAS: we as behavioral scientists and practitioners have special expertise that can be applied to the prevention of motor vehicle trauma and its sequelae; and

WHEREAS: the American Psychological Association herein declares that motor vehicle trauma prevention is rightfully a major concern of behavioral scientists and practitioners;

THEREFORE BE IT RESOLVED: that the American Psychological Association supports the American Academy of Pediatrics in its 'The First Ride' project to see that all newborn babies ride properly protected in infant care safety seats, and in its general program to prevent/reduce infant and childhood motor vehicle trauma; and

BE IT FURTHER RESOLVED: that APA will continue to work with the American Academy of Pediatrics and other groups to promote the prevention/reduction of motor vehicle trauma and its sequelae for Americans of all ages."

XXI. NUCLEAR ARMS

1. 1982

XXII. POLITICAL DISSENT & MENTAL HOSPITALS

1. 1972

XXIII. POLYGRAPH TESTING

1. 1986

1. The conduct of polygraph tests to select employees, to ascertain the honesty of employees, and to determine the truthfulness of aspects in criminal investigations, has increased significantly in recent years. APA has great reservations about the use of polygraph tests to detect deception.

2. Despite many years of development, the use of psychophysiological indicators to infer deceptive behavior remains controversial, partly because the scientific evidence for the validity of these procedures is still unsatisfactory. Such evidence is particularly poor concerning polygraph use in employment screening and in dealing with victims of crime.

3. Those giving polygraph tests often have limited training and expertise in psychology and in the interpretation of psycholophysiological measures.

4. There is the possibility of great damage to innocent persons who must inevitably be labeled as deceptors in situations where the base rate of deception is low; an unacceptable number of false positives would occur even should the validity of the testing procedures be quite high.

5. The use of polygraph tests in all applied settings should be based on adequate psychological training and sophistication. Their use by psychologists must be consistent with the Standards for Educational and Psychological Testing and the Ethical Principles of Psychologists. They should be used only when such use is justified by the existence of sufficient date on their reliability and validity for the specific population, context, and purpose."

Council Policy Manual: Table of Contents | Introduction | A. Elections | B. Awards | C. Membership | D. Human Resources | E. Ethics | F. Board of Directors | G. Divisions and State and Provincial Associations | H. Organization of APA | I. Publications and Communcations | J. Convention Affairs | K. Educational Affairs | L. Professional Affairs | M. Scientific Affairs | N. Public Interest - Part 1 | N. Public Interest - Part 2 | N. Public Interest - Part 3 | N. Public Interest - Part 4 | N. Public Interest - Part 5 | O. Ethnic Minority Affairs | P. International Affairs | Q. Central Office | R. Financial Affairs