child and adolescent counseling chapter 4

Chapter 4

Legal and Ethical
Considerations for
Counselors

 
 
May you live your life as if the maxim of your 
actions were to become universal law. 
Immanuel Kant
© 2011 Brooks/Cole, A


Chapter Objectives
After reading this chapter you should be able to:
•Define ethical, professional, and legal issues in
counseling
•Discuss principle and virtue ethics
•Explain competence, consent, confidentiality,
privileged communication, and child abuse reporting
•Use an ethical decision-making model

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Definitions - Ethics
• Ethics is a branch of philosophy that focuses on
morals and morality in their relationship to making
decisions
• The customs, mores, standards, and accepted

practices of a profession
• Ethical codes educate professionals about
practice conduct, provide a means of
accountability and create ways to improve

© 2011 Brooks/Cole, A


Definitions - Professional
Issues
• Technical, procedural, or cultural
standards that members of the
profession are expected to accept as
part of their practice

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Definitions - Legal Issues
• Related to federal, state, and municipal
standards of practice as regulated by law
• Laws are minimum standard that society
will accept
• “Standard of care” target guides decisions
about whether a course of action would
meet that criteria

© 2011 Brooks/Cole, A

Virtue Ethics
Meara, Schmidt, and Day (1996)
• everything one needs to know can not be in
the code
• focus on “character” ethics
• Relate to exceeding the obligations and
striving for the ideals of the profession

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Virtues
• Integrity: Acting consistently on personal
values
• Prudence: Acting with discernment and
restraint
• Trustworthiness: Acting and following
through on commitments
• Compassion: Deep concern and respect for
the individual (Welfel, 2006)
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Six Aspects of
Ethical Reasoning
Remley and Herlihy (2005)
• autonomy (respecting freedom of choice)
• nonmaleficence (do no harm)
• beneficence (responsibility to do good)
• justice (being fair)

• fidelity (being faithful)
• veracity (being honest)
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Decision-Making Models
• Develop ethical sensitivity
• Identify and define the problem
• Think about your own emotional reactions
• Apply fundamental principles and theories
• Define the central issues and possible
options
• Refer to professional standards, laws and
current literature
© 2011 Brooks/Cole, A


Decision-Making Models
• Consult with colleagues or experts
• Involve the client in the decision-making
• Identify desired outcomes
• Consider different courses of action
• Choose and act
• Reflect on the actions taken

© 2011 Brooks/Cole, A


Decision Making Model
Assess options

Ethical theories and principles
Laws and policies
Values
Information
Standards
Be mindful of process
Consult
Document
Evaluate
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Important Guidelines
• Always act in the best interest of the client.
• Always act in good faith and without malice.
• Be aware of your personal values,
attitudes, and beliefs.
• Refer clients to another counselor if
personal characteristics interfere with your
effectiveness as a helper.

© 2011 Brooks/Cole, A


Counseling Minors
Involves balancing three social systems:
1. The state
2. The parent or family
3. The minor child

© 2011 Brooks/Cole, A


Children in counseling have
the right:
•
•
•
•
•
•
•
•

To be respected and told the truth
To know about the evaluation process, rationale, and
results
To be told about the interventions
To receive information about confidentiality and its limits
To be involved in decision making and goal setting
To control the release of their personal information
To be released from treatment if unsuccessful
Not to be the scapegoat in a dysfunctional family

© 2011 Brooks/Cole, A


Parents’ rights and
responsibilities include:
• Providing for the child’s welfare

• Having access to information that pertains to the
child’s welfare
• Seeking treatment for their child
• Participating in therapy decisions and goal setting for
their child
• Giving permission for treatments
• Releasing confidential information about their child
© 2011 Brooks/Cole, A


Competence
• Counselors need knowledge, skills and
diligence in their specialty areas of practice
• To counsel children must participate in
specialized education, training, and
supervised practice
• Continuing education necessary

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Informed Consent
• Formal permission given by a client for beginning
counseling is known as informed consent
• People who cannot understand the contents in a
consent form or who are unable to make a rational
decision also cannot give consent
• Consent must be given voluntarily
• Usually parent or guardian must provide permission
• Written statements such as a disclosure letter or

brochure are suggested
© 2011 Brooks/Cole, A


Confidentiality
• Privacy ensures that people may choose
what others know about them
• Confidentiality refers to professional
responsibility to respect and limit access to
clients’ personal information
• Privileged communication exists by statue
and applies only to those testifying in court
of law
© 2011 Brooks/Cole, A


Privacy and Children
• Younger children have little understanding or need
for privacy
• Preadolescents and adolescents may have a
heightened need
• Some children may want their parents to know
what is going on in counseling
• Children will sometimes disclose something hoping
the adult will intervene.
• Children’s reasoning capacity may limit the
decision making ability.
© 2011 Brooks/Cole, A

Confidentiality
• Explain during first and subsequent interviews
about confidentiality and its limits
• Should be done orally and in writing
• Limits include
o
o
o
o
o
o
o

professional in court-ordered role
court mandated release of files
malpractice lawsuit
mental state used as defense in court
hospitalization is necessary
client is danger to self or others
client is minor and victim of a crime
© 2011 Brooks/Cole, A


Confidentiality of Files
Buckley Amendment grants parents and
students of legal age access to their
records and limits others’ access.
Exclusions are

• personal logs

• treatment records
• directory information

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Summary
• practice within your boundaries
• know state laws
• always explain confidentiality
• maintain accurate/objective records
• purchase liability insurance
• confer with colleagues

© 2011 Brooks/Cole, A