This comparison draws in part from “Ethical and Practical Considerations for Behavior Analysts in Forensic and Child Welfare Settings” by Mark Harvey, PhD, BCBA-D, Associate Professor, School of Behavior Analysis (BehaviorLive), and extends it with peer-reviewed research from our library of 27,900+ ABA research articles. The decision framework, BACB ethics code references, and cross-links below are synthesized by Behaviorist Book Club.
View the original presentation →One of the most consequential decisions a behavior analyst makes is not just what intervention to use, but how to approach the clinical question in the first place. For ethical and practical considerations for behavior analysts in forensic and child welfare settings, the difference between an evidence-based, individualized approach and a traditional, protocol-driven one can significantly impact outcomes.
This guide lays out the key factors side by side to support your clinical decision-making.
| Factor | Evidence-Based Approach | Traditional Approach |
|---|---|---|
| Primary Objective | Evaluative: Assess current functioning, identify risks, and provide expert opinion to inform legal or administrative decisions. | Therapeutic: Build skills, reduce challenging behavior, and improve client outcomes through systematic intervention. |
| Relationship to Client | Evaluative: Maintains professional distance and objectivity. The relationship is time-limited and focused on data collection. | Therapeutic: Builds rapport and therapeutic alliance. The relationship is ongoing and focused on collaborative goal pursuit. |
| Confidentiality Obligations | Evaluative: Report findings are typically shared with the referring party (court, agency) regardless of whether findings are favorable to the individual assessed. | Therapeutic: Confidentiality is maintained between provider and client except where legally required disclosures apply. |
| Advocacy Position | Evaluative: Maintains neutrality. Does not advocate for a particular outcome but presents data-based findings for others to interpret. | Therapeutic: Advocates for the client's best interests and works to secure services, supports, and opportunities that promote client welfare. |
| Data Use | Evaluative: Data informs a report or testimony that may be used in legal proceedings. Data must meet standards of admissibility and reliability. | Therapeutic: Data guides clinical decision-making about intervention effectiveness. Data quality standards focus on clinical utility. |
| Duration and Scope | Evaluative: Time-limited engagement focused on answering specific referral questions. Scope is defined by the evaluation contract. | Therapeutic: Open-ended engagement that continues until treatment goals are met or services are no longer needed. Scope evolves with client needs. |
| Ethical Risk Profile | Evaluative: Primary risks include bias in findings, overstating conclusions, and misuse of assessment data by third parties. | Therapeutic: Primary risks include boundary violations, dual relationships, and conflicts between client preferences and system mandates. |
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Use this framework when approaching ethical and practical considerations for behavior analysts in forensic and child welfare settings in your practice:
Does the data support a need for intervention? Is there a meaningful impact on the individual's quality of life, safety, or access to reinforcement?
YES → Proceed to assessment NO → Document reasoning, monitor
A functional assessment should guide intervention selection. Avoid defaulting to standard protocols without individual analysis. Consider environmental variables, setting events, and private events.
YES → Select evidence-based approach matched to function NO → Complete assessment first
Goals should be co-developed. Assent and informed consent are ethical requirements. The individual's preferences and values matter in selecting both goals and methods.
YES → Proceed with collaborative plan NO → Engage in shared decision-making
This course covers the clinical and ethical dimensions in detail with structured learning objectives and CEU credit.
Ethical and Practical Considerations for Behavior Analysts in Forensic and Child Welfare Settings — Mark Harvey · 1 BACB Ethics CEUs · $20
Take This Course →We extended this decision guide with research from our library — dig into the peer-reviewed studies behind each approach, in plain-English summaries written for BCBAs.
280 research articles with practitioner takeaways
279 research articles with practitioner takeaways
256 research articles with practitioner takeaways
1 BACB Ethics CEUs · $20 · BehaviorLive
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All behavior-analytic intervention is individualized. The information on this page is for educational purposes and does not constitute clinical advice. Treatment decisions should be informed by the best available published research, individualized assessment, and obtained with the informed consent of the client or their legal guardian. Behavior analysts are responsible for practicing within the boundaries of their competence and adhering to the BACB Ethics Code for Behavior Analysts.