Week 2 Confidentiality, advocacy, and duty to warn

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Discussion Topic Post a total of 3 substantive responses over 2 separate days for full participation. This includes your initial post and 2 replies to classmates or your faculty member. Due Thursday In the workplace, counselors are often faced with ethical dilemmas and must consider how they will resolve the issues. The cases presented are scenarios that you may encounter in your professional career. Using the ACA code of ethics, consider how you would respond to the following cases. Respond to one of the following case studies in a minimum of 175 words:  Danielle’s client, George, is extremely agitated during their session. He has a restraining order against him to protect his former girlfriend. He is entitled to parenting time with their son, but he reports that his ex has refused to allow him access to the child. He has not seen his son in weeks, and last night, he had a terrible argument with the child’s mother. She has a new boyfriend, and the boyfriend feels George is a bad influence. He tells Danielle that he plans to kill his ex and her boyfriend, take the child, and disappear. He tells Danielle that he appreciates all she has done for him. What codes and guidelines (including legal cases) should Danielle consider when deciding how to address George’s plans regarding his ex, her boyfriend, and his son? What are some of the complications Danielle will face when deciding her course of action?  Ed’s client, Samantha, has revealed that she is pregnant. She is 14 years old and she is considering having an abortion. She does not want her parents to know. During the conversation, she alludes to Ed that the father of the baby is actually one of the teachers at her high school. Look at the statutes for your state and consider the parameters of confidentiality surrounding underage pregnancy. What will Ed be required to do regarding Samantha’s disclosure of pregnancy? What rights does Samantha have and what rights do her parents have regarding confidentiality? What are the implications for Ed of being a mandatory reporter? Ed is in a complicated situation. According to the ACA Ed will only need to report or disclose the information to protect the client or identified others from serious and foreseeable harm or

when legal requirements demand that confidential information must be revealed. Counselors consult with other professionals when in doubt as to the validity of an exception. Samantha is a minor and has the right to confidentiality. Under the state of Wisconsin MPSW 20.02 (Unprofessional Conduct) Ed is to abide by the counselor-client privilege right to confidentiality and privacy (for data, information, records, communication) except if necessary to prevent injury to the client or another person, or to report any suspected abuse or neglect of a child. Ed’s profession is categorized as a mandatory reporter and has the duty to comply with mandatory reporting of child abuse requirements under state and federal law. Wisconsin law 48.02 (1) “Abuse” other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following: (b) sexual intercourse or sexual contact under s. 940.225, 948.02, 948.025, or 948.085 (sexual assault, sexual assault of a child, repeated acts of sexual assault of the same child, or sexual assault of a child in substitute care). Disclosure of her pregnancy and abortion falls under Wis. Stat. 48.981(2m)- Exceptions to reporting requirements and that this provides non-disclosure about family planning services. However, a report (2023) is required in spite of the exception whenever the health care provider suspects any of the following:  That sexual intercourse or sexual contact occurred or is likely to occur with a caregiver.  That the child suffered or suffers from a mental illness or mental deficiency that rendered or renders the child temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.  That the child, because of age/immaturity, was or is incapable of understanding the nature or consequences of sexual intercourse or sexual contact.  That another participant in the sexual contact or sexual intercourse was or is exploiting the child.  That there is any reasonable doubt as to the voluntariness of the child’s participation in sexual contact or sexual intercourse. Ed would need to discuss further without disclosing identifiable information with a supervisor for guidance. However, under the state of Wisconsin law, sexual contact with a minor is defined as abuse. Expending reasonable amount of time to verify child’s allegation of sexual misconduct is consistent with the requirement that allegations of abuse or neglect be reported immediately to proper authorities by teacher, administrator, or counselor to whom such allegations are made. Phillips v. Behnke (App. 1995) 531 N.W.2d 619 (April 2023). Under this section, he does

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