Transcript Legal_and_Ethical_Co...s_for_Counselors

Counseling Children and
Adolescents
ECG 558
Legal Ethical Considerations for
Counselors
Ethical Issues
• Revolve around personal and professional
standards of moral duty and obligation
• Ethics guide professionals about principled
conduct in work, provide accountability,
and create ways to improve the profession
Professional Issues
• Technical, procedural or cultural standards
that members of a profession are
expected to accept
Legal Issues
• Related to federal, state and municipal
standards of practice as regulated by law
Foundations of
Professional Practice
1. Intentionality- wanting to do the right thing for
those being served
2. Moral principles of the helping profession with
shared beliefs of autonomy (respecting
freedom of choice), nonmaleficence (doing no
harm), beneficence (being helpful), justice
(being fair), fidelity (being faithful), and veracity
(being honest).
3. Knowledge of (and skill to apply) ethical, legal
and professional standards
(Remley & Helihy)
Safeguarding Basic Rights
for Children
•
According to Lawrence and Kurpius
safeguarding basic rights for children involve
balancing three social systems
1. The state, which must accept the imperative of
maintaining the safety and rights of children
2. The parent or family, interested in their
freedom to raise their children without
interference
3. The minor child, interested in self-protection
from perceived harm, preservation of privacy,
and maintenance of dignity
The Code
• The American Counseling Association’s
(ACA) Code of Ethics and Standards of
Practice outlines the responsibilities of
counselors toward their clients,
colleagues, workplace, and self.
• Ethical issues of competence, parental
permission, confidentiality and child-abuse
reporting are based on the ACA Code
Competent Counselors
• Are thoroughly familiar with child/adolescent
development, developmental tasks, family
dynamics, and interventions designed for a
particular age and stage
• Participate in specialized education, training and
supervised practice
• Participate in continuing education and stay
current
• Provide only services for which they have been
trained and had supervised practice
Terms
• Privacy –the right that ensures that people may
choose what others know about them
• Confidentiality – a professional ethical
responsibility to respect and limit access to
clients’ personal information
• Privileged communication – a legal concept
designed to protect the rights of the client to
withhold testimony in court proceedings (must
know state laws concerning this): state law
determines under what circumstances
communication is considered privileged
Additional Information
• Confidentiality of files (1974 Family
Educational Rights and Privacy Act or
FERPA or the Buckley Amendment) - be
careful
• Breach confidentiality – required when
information is subpoenaed in states where
clients are not protected by a privileged
communication law
Breach of Confidentiality
Other examples where the counselor is legally and
ethically mandated to breach confidentiality:
1. Counselor’s duty to warn (Tarasoff v. Regients
of the University of California, other court
cases) if a client expresses intent to harm self,
others, or property
2. Disclosures or reasonable suspicions of
current or previous verbal, physical, or sexual
abuse
3. Written release signed by an adult client
4. Necessary supervision of a counseling
student
Many Ethical Situations Have No
Right Solution
Depends on:
• Setting
• Philosophy of the supervisor
• Interpretation of the law by local or state
authorities
• Potential advantages or disadvantages of
the situation
• The risks to the counselor and the client
Uncertain Concerning
Interpretations of Ethical Practices?
Resolve by:
1. Consultation with other professionals
2. Local, state or national professional
ethics committees