We’re bringing back our Law and Ethics series as a way to give you more information as to common topics on the BBS LCSW & MFT Law and Ethics exam. Remember that our MFT exam prep and our LCSW exam prep for the law and ethics exam cover all this and more.
If you’re studying for the California BBS LCSW or MFT Law and Ethics exam, one of the most confusing topics is:
When is sex between minors reportable—and when is it not?
This is a commonly tested topic on the California Law and Ethics exam, and many test-takers struggle with the reporting rules.
The good news? Once you understand a few key guidelines, you can confidently answer any mandated reporting question involving minors and sexual activity.
Rule #1: Always Report Non-Consensual Sexual Activity
First things first: All non-consensual sexual activity between minors must be reported.
If there is:
- Coercion
- Fear
- Pressure
- Lack of consent
You must file a mandated report.
Rule #2: The “Age 13 Rule” (California Law & Ethics Exam Tip)
For the California law and ethics exam, think of age 13 as your magic number.
If both are 13 and under you do not report
If one is 13 and the other one is older you report
If both are above 13 and below 21 we do not report.
If 14 & 15 year olds are having sex we do not report
If one is 13 and we do not know the age of the partner then we assess further
Rule #3: The “Drinking and Driving Rule” (Age Gap Rule)
If one individual is over 21 (drinking age) then the other individual must be over 16 (the driving age).
Thus, if a 23 yr is having sex with a 17 year old, that is not reportable.
But if a 23 yr is having sex with a 15 yr you make a report.
I know it can feel like a lot to remember, but if you digest the three rules above, you can successfully answer any question on this topic on the exam. Let’s do a sample law and ethics test question here to test your knowledge:
Practice Question (California Law & Ethics Exam)
A 13-year-old client tells their therapist that they are engaging in sexual activity with a partner. The client reports the relationship is consensual and denies any fear or pressure.
What is the MOST appropriate next step for the therapist?
A. File a mandated report due to the client’s age
B. Do not report because the client states the relationship is consensual
C. Assess further to determine the age of the partner before deciding whether to report
D. Inform the client that all sexual activity under age 14 must be reported
(scroll for answer and rationale)
The correct answer here is C. A is not the best place to start because while we know that the client is 13 years old we don’t know how old their partner is. Depending on their age it could be reportable, but it’s also possibly not reportable. B is not the best answer because even though it’s consensual if one individual is 13 and the other is older then we need to make a report. D is not correct because the rule here is that sexual activity with individuals age 13 and below does not need to be reported. That leaves us with answer C. The client doesn’t tell us the age of their partner and so we need to determine their age in order to understand whether or not a report needs to be made. If the partner is under age 13 we do not need to make a report, but if they are above age 13 then we do need to make a report. Therefore assessment is the most appropriate action here.
How did you do?
Did you ace this question? If not, what part did you struggle with? If you’re ready to answer more practice questions just like this, TDC’s LCSW exam prep and MFT exam prep offer practical and accessible study programs for CA MFT and LCSW Law & Ethics, MFT CA Clinical, and AMFTRB exams that provide everything you need to successfully PASS your exams with confidence. Already pass your Law and Ethics exams (or are outside of Califorina?)-we also offer exam prep for the masters LMSW and clinical LCSW exams. PLUS, each program includes access to your very own test coach so you have one-on-one help and you’re never alone.
If you need to complete the 3-hour law and ethics CE course before the next license registration period, we offer 2 BBS-approved courses that fulfill this requirement. Both courses are 6 hours. You can choose between either. Here is a discount code that will allow you to save on the course: L&E2023
You can access the courses HERE or HERE.
Already licensed? Our continuing education library includes everything you need from courses on treating suicidality to clinical supervision.