1. 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
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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
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4. 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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5. 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
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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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8. 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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9. 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
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10. 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
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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.
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Counseling Minors
Involves balancing three social systems: 1. The state 2. The parent or family 3. The minor child
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14. 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
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15. 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
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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
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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
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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.
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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
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21. 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
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