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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 © 2011 Brooks/Cole, A Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 Division of Cengage Learning

Definitions - Professional Issues Technical, procedural, or cultural standards that members of the profession are expected to accept as part of their practice © 2011 Brooks/Cole, A Division of Cengage Learning

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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 © 2011 Brooks/Cole, A Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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) © 2011 Brooks/Cole, A Division of Cengage Learning

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) © 2011 Brooks/Cole, A Division of Cengage Learning

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 Division of Cengage Learning

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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning Decision Making Model Assess options Ethical theories and principles Laws and policies Values Information Standards Be mindful of process Consult Document Evaluate © 2011 Brooks/Cole, A Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning Counseling Minors Involves balancing three social systems: 1. The state 2. The parent or family 3. The minor child © 2011 Brooks/Cole, A Division of Cengage Learning

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 Division of Cengage Learning

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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 © 2011 Brooks/Cole, A Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning Confidentiality Explain during first and subsequent interviews about confidentiality and its limits Should be done orally and in writing Limits include 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 Division of Cengage Learning

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 © 2011 Brooks/Cole, A Division of Cengage Learning

© 2011 Brooks/Cole, A Division of Cengage Learning 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 Division of Cengage Learning