Elizabeth Garnsey

 Minors(children) are not little adults.  There are unique ethical concerns that arise when clients are minors.  Four ethical issues when counseling children:  Counselor competence  Informed consent  Confidentiality  Reporting (child abuse)

 Knowledge and skills (Play Therapy)  Mental disorders, etc  Age of Minor  Understanding human development  Understanding family structure  Culture  A more talked about topic: transgender

 It is formal permission that allows treatment.  Counselor-client falls under legal jurisdiction of contract law.  Minors can only enter a contract by:  Parental consent  Involuntary at parent’s insistence  Ordered by juvenile court

 Must be given voluntary knowledge of treatment  Must understand consequences of treatment  Must have informed parental or guardian consent  If NOT obtained, counselors are held responsible.  Sued for battery, failure to gain consent, & child enticement

 Court ordered  Emancipation- living separate from parent  Mature minor- is a child over the age of sixteen who is capable of understanding  Treatment for dangerous drugs  Sexually transmitted disease  Pregnancy  Birth control  Alleged sexual assault of a minor over twelve

Recognition of Rights Violation Control Group Protection of RightsControl Group AGE GROUP 9 years old 15 years old 21 years old M SD M SD M SD M SD Belter, R., & Grisso, T., (1984). Children’s Recognition of Rights Violations in Counseling. Professional Psychology: Research and Practice, 15(6),

 One of the most difficult areas  Parents have legal rights: examinations, records, evaluations and treatment.  There are 4 types of confidentiality:  Complete  Limited  Informed forced  No guarantee

 By breaking Confidentiality  May cause lack of trust and communication  Child may not seek treatment  Child may terminated early  By informing the parents the counselor is obeying the law  State laws differ from state to state  Duty to Warn: if they are a serious threat to others or themselves

 First enacted (1962)because of the medically diagnosed “battered child syndrome”.  Was introduced to combat child abuse and neglect  Expose these cases, duty to protect children  Mandatory reporting laws address the following: who, what, and when reporting is required

 All Mental Health professionals must report in all 50 states  The duty of reporting trumps many common law privileges  Failure to report breaches legal and ethical standards

 27% of clients drop out of therapy after their counselor broke confidentiality for mandatory reporting (Bean et al., 2011).  Respond better when informed consent is explained in great detail  Counselors often are hesitant and worry about reporting

 Bean, H.(2011) Reflections on Mandated Reporting and Challenges in the Therapeutic Relationships. The Family Journal, 19(3),  Belter, R. & Grisso, T. (1984) Children's recognition of rights violations in counseling. Professional Psychology: Research and Practice, 15(6),  Carmichael, K. (2006) Legal and Ethical Issues In Play Therapy. International Journal of Play Therapy, 15(2),  Crespi, T. (2009) Group Counseling in the School: Legal, Ethical and treatment Issues in School Practice. Psychology in the Schools, 46(3),  Conti, S. (2011) Lawyers and Mental Health Professionals Working Together: Reconciling the Duties of Confidentiality and Mandatory Child Abuse Reporting. Family Court Review, 49(2),  Hall, A.(1995) Theory and Practice of Children’s Rights: Implication for mental health counselors. American Mental Counselors Associations Journal, 17(1),  Kendall, P. & Morris, R. (1991) Child Therapy: Issues and Recommendations. Journal of Consulting and Clinical Psychology, 59 (6),  Lawrence, G., & Kurpius, S. (2000) Legal and Ethical Issues Involved when Counseling Minors in a Nonschool Setting. Journal of Counseling and Development, 78,  Nicolai, K., & Scott, N. (1994) Provision of Confidentiality Information and Its Relation to Child Abuse Reporting. Professional Psychology: Research and Practice, 25(2),  Martin, R., & Huss, S. (2000) Recruitment and Screening of Minors for Group Counseling. The Journal for Specialist in Group Work, 25(2),  Seymour, J., & Rubin, L. (2006) Principles, Principles, and Process (P3): A Model for Play Therapy Ethics Problem Solving. International Journal of Play Therapy, 15(2),  Taylor, L. (1989) Reframing the confidentiality dilemma to work in children’s best interest. Professional Psychology: Research and Practice, 20,