Ethics Chapters 11 and 12

Minor clients do NOT have

-an ethical AND legal right to privacy and confidentiality in most states -a legal right to determine when parents should become involved in the counseling process -a legal right to remain in counseling over the parent's objections.

My boss is asking me to act unethically what should i do?

-be professional and try to work with your supervisor to resolve the problem -the most structured type of collaboration is TEAMWORK

Most states have laws that require mandated reporting of suspected abuse for:

-children -elderly persons -incompetent persons -developmentally disabled persons

a few things to know about insurance and billing

-clients will stiff you for the bill for services. if you have a client with a large bill for services that is several months late, the best thing to do is forget the bill and take steps in the future to prevent these bills from developing. -ask yourself how did this happen? did you allow clients to choose not to pay each session? do you have a policy on upfront payment? -make sure you establish and follow your own rules

In determining whether a child is a danger to self or others, you should...

-consult with a colleague -consider the age and maturity level of the client. -follow the institutional policy on the issue -document any actions taken

What is your opinion of laws that make it a crime for a counselor to fail to report cases of suspected abuse of a child, elder, or vulnerable adult?

-counselors are professionals and should be given the right to make clinical judgments on their own. Counselors should be allowed to decided whether it is a child or vulnerable adult's best interest to make a report, given the particular circumstances of a case. -it is not always in the child's or adult's best interest to make a report. sometimes a report can make a situation get worse -the state agencies that investigate reports of abuse often do not have the resources to do a good job; therefor reports should not be mandated -on the other hand, some counselors would never make reports of suspected abuse if they weren't required to do so by law, so many abused people might never receive help if reporting laws didn't exist.

how is confidentiality different when counseling couples, families, or groups, as opposed to counseling an individual client?

-counselors can ensure they will keep confidential information secret (with recognized exceptions), but they cannot guarantee the same for other family or group members. As a result, family and group members need to understand there's no guarantee of privacy. -There is no privilege in group or family counseling, even though privilege often exists by statute in states for individual counseling -Privilege is waved if there is a third part present during counseling

for many counselors, conflict can exist between the perceived morals values and beliefs of the employee/employer/agency. So remember the following:

-employers cannot force employees to take actions that are illegal -when disputes arise between employer and employees, the law generally favors the employer -by accepting a job, an employee agrees to perform the tasks assigned -counselors have a legal right to be free in the workplace of discrimination based on race, color, sex, religion, national origin, age and disabilities -but... employees can be asked and expected to carry out something they consider unethical. Refusing to carry out a directive from your immediate supervisor when that directive doesn't violate any laws or company policies is considered insubordination and grounds for termination

Why do you think marriage and family counselors end up embroiled in their clients' lawsuits often

-family members come to counselors when they're in distress, and the distress often revolves around marriage and partner relationships -because relationships can change as a result of the counseling process -divorce and child custody litigation is common in the U.S. Quite often individuals who divorce or who become involved in child custody disputes have seen counselors in the past and they want the counselors to verify what they say in court or give an opinion that is favorable to them -when married couples divorce, almost all states allow joint custody and in a few state courts, joint custody is the preferred arrangement; while in some other state courts, joint custody is avoided if possible

School counselors have a legal obligation to...

-obtain written parental permission before counseling students in most circumstances -report child abuses if it is suspected. -inform parents if the counselor determines the child is at risk for suicide -inform parents if the counselor determines the child is a danger to others -secure parents' informed consent before providing unusual counseling services

have you ever heard ignorance of the law is no excuses? know what is considered fraud. examples:

-providing family counseling services (which are not reimbursable) and reporting that individual counseling serves are being provided (which are reimbursable). -waiving the co-payment when a co-payment is required -billing for a missed session and indicating the client attended the session because missed sessions are not reimbursable -reporting that an approved professional is providing direct services to a client when the services actually are being provided by a counselor who is not approved.

corporations have problems to...

-stringent reporting guidelines - meetings must be held periodically and annual reports have to be filed or the corporation will cease to exist legally -dual tax - income is taxed to the corporation and is taxed again when it is distributed to owners -professional service requirements- accountants and lawyers must be retained on a continuous basis to ensure the corporation is functioning properly -cost- corporations are very expensive to form initially

School counselors believe suicidal behavior poses a level of threat that requires breaching of confidentiality, but not necessarily when...

-students reveal they're using cocaine or drugs -delicate cutting is such a risky behavior that parents should be notified -not all agree that young children are capable of giving informed consent to counseling -or that they should refer all children to serious depression

What should counselors tell potential counseling group members to ensure adequate informed consent

-there is no guarantee that other group members will keep secrets -there is no privilege (usually, although some states grant privilege to group counseling by statute). -the purpose of the group, and its format, procedures, and group rules -the psychological risks involved in group participation -what services can and can't be provided within the group setting -the division of responsibility between leader and participants -the rights and responsibilities of group members -freedom to leave the group if it doesn't turn out to be what the member wants or needs -consultation with the group leader if a crisis should arise as a direct result of participation in the group, or a referral to other sources for help -freedom from undue group pressure or coercion regarding participation, decision making, personal disclosures, and suggestions from other members

i wanna be in a private practice... then consider the following:

-you must already be licensed to do so... then -obtain a federal tax ID number if there are any employees -apply and obtain a business license -purchase liability, property damage, or other types of insurance -form a corporation, because it is the only way to protect your personal assets

How can a counselor determine whether an adolescent client's risk-taking behaviors present a sufficiently serious risk for harm to warrant breaching the client's confidentiality.

A particular client's maturity, past history, and family circumstances should be taken into account by a counselor when decided whether an adolescent's risk-taking behaviors require that a parent or guardian be informed

The ACA Code of Ethics...

Advises counselors to establish collaborate relationships with parents but contains relatively few standards specifically relating to children.

The how does the ACA code of ethics define a client?

As the person who is receiving counseling services, so a client can be a minor.

Why do you think minors under the age of 18 in the U.S. are not able to assert their legal rights on their own, but instead are required to assert their legal rights in court through their parents or guardians?

Because the law assumes that children do not have the capacity to make rational and informed decisions for themselves. Perhaps the age of majority for some purposes, such as controlling ones privacy, should be younger, like 15 or 16. In some states minors below the age of 18 are given the right to make certain decisions for themselves (such as seeking medical services) without the permission of their parents or guardians.

How do you think legal and ethical requirements come into conflict with each other when counseling minor clients?

Because the laws reflect the value of a society and codes of ethics reflect the values of a profession that operate within a society, usually legal and ethical requirements do not conflict.

Not all treatments are for everyone

For example: a family counselor who uses paradoxical directives or interventions could get into trouble because clients who follow their prescriptions for behavior may be harmed.

Do minors have legal rights?

No. The law in the U.S. says that minors have no legal rights and any rights they might have must be asserted by their parent or guardian. As result, when counselors counsel minors, legal obligations are owed to parents or guardians rather than the minors themselves. When the interests of minors are not the same as the interests of their parents or guardians, law and ethics can conflict.

What does the ACA code of ethics require for group members?

Pre-screening of group members, so you can see if they'll be a good fit for the group counseling. if the individual is having severe issues it takes away from the group and puts attention on an individual.

Dual relationships...

Should generally be avoided

Research shows that school counselors are unanimous in believing...

That suicidal behavior poses a level of threat that requires breaching of confidentiality

Who does the law favor when it comes to determining who has the right to make decisions regarding a child's life?

The biological parents

While a counselor could never be held legally accountable for informing an adolescent's parents of information that adolescent revealed in counseling...

There are some circumstances in which a counselor might ethically chose to refrain from informing parents or guardians of an adolescent's risk taking behaviors. However, any time a counselor does not inform a a parent or guardian of the risk taking behaviors, the counselor runs the risk of violating the parent or guardian's legal rights.

Why do all states have laws to mandate reported for suspected child abuse or neglect, but do not require the report of abused spouses or domestic partners?

They consider it a choice to stay

Do minor clients have an ethical right to privacy or confidentiality?

Yes, they have an ethical right to privacy and confidentiality but no legal rights in most states (there are ethical rights, but it does not uphold legally).

When counseling victims of domestic violence... avoid encouraging the victim to leave until...

safety can be assured

because children cannot give their legal consent to participate in family counseling...

they should be informed of the process of family counseling and their consent should be secured even though it is not legally required

Family counselors often...

view the family system as their client and treat the family as one entity, as apposed to treating individual family members, yet our laws view family members as having separate and distinct rights and responsibilities that are individual in nature