Court-Ordered Client Analysis

1. There are times when clients are referred for services and are mandated by court services. It is the responsibility of the counselor to inform the client of the limitations of disclosing information. It is the responsibility of the client to be aware of the consequences when he/she refuses services. (ACA, 2014, p.4)

Remley and Herlihy (2016) defines confidentiality as an ethical concept which refers to the counselor 's obligation to respect the client 's privacy and in session discussion will be protected from disclosure without their consent (p.108). The receptionist never disclosed what was being discussed in wife A session; however, her inadvertent breach of confidentiality occurred the moment she divulged the fact that wife A is a patient at a mental health facility. An important premise to understanding the ethical principle of confidentiality is base that a counselor respects the client 's right to privacy (Remley & Herlihy, 2016; Quigley, 2007). Premise one states the "counselor honor the rights of clients to decide who knows what information about them and in what circumstances" (p.110).

Professional counselors deal with many legal and ethical issues in the course of treating clients. Some of the issues they may come across include dual relationships, boundaries, bartering, sexual relationships, gift giving, touching a client, and how to begin or end treatment. Some of these issues may seem straightforward in theory, but they can become complicated in practice. In these cases, if possible, a counselor should seek consultation before making any decisions. Ethical dilemmas are an area where professional counselors should continually receive consultation and ongoing education. This paper provides a summary of how a video presentation, the ACA Code of Ethics, and Maryland’s board regulations for professional counselors handle dual relationships, boundaries, gift giving, touch, and beginning and ending treatment. The paper will go on to discuss my reaction to these issues. Finally, I will discuss how I plan to apply what I have learned to my own counseling practice.

Negligence provides clients who were harmed and mistreated by professionals increased worries of how counselors are able to assist them. Practicing in an ethical manner is more than contains more than just following regulations and guidelines (Corey, Corey, & Corey, 2010). Becoming enlightened of my own personal biases in unquestioned situations helps to assist in future counseling group work. Even though counseling groups are recognized as for encouraging clients to face life changing situations, it can also cause distress for the clients.

According to the ethical and legal principles of the counseling profession, it is our morally professional responsibility to break confidentiality in order to eliminate the possibilities of chaos, to the best of our ability. The American Counseling Association (ACA) code of ethics explains adherence to confidentiality in a number of instances. In standard A.2.e., Mandated Clients, it describes the requirements for informing mandated clients of the limitations to confidentiality and, should an issue arise, to whom the revealed information must be shared with. This rule applies to all clients. The counselor’s responsibility to do so must be conveyed to the clients at the very beginning of the counseling relationship, with periodic reminders throughout sessions, and include the dangers involved if the client refuses to participate in the mandated sessions. ACA code of ethics further explains in standard B.1.c., Respect for Confidentiality, that counselors are to guard “confidential information” and “disclose” this “information only with appropriate consent or with sound legal or ethical jurisdiction.” Therapists must also “identify situations” where breaches can void or challenge confidentiality (ACA, 2014, B.1.d., p. 7).

To do that, the information from a treatment provider can be most helpful. So if the information from a provider doesn’t make its way to the court by way of direct testimony, in defense to the confidentiality issues, it may do so through a guardian or evaluators interview with the provider. But in most cases, one way or another information from a counselor and his or her records will find its way to the judge who needs it” (Psychotherapy, 2008).

Clients have the right to confidentiality. Counselors cannot share information about clients without shared consent. Counselors throughout treatment process must inform clients when confidentiality can be breached (Mears, G., 2010). If a counselors foresee that a client is a danger to himself or others confidentiality must be broken.

Professional counselors and their staff are exposed to sensitive client information and records. The helpful receptionist and whose privilege videos, show how to apply both the American Counseling Association Code of Ethics (ACA Code of Ethics) and state board counseling laws to common ethical scenarios. The content explores aspects designed to call attention to favorable and unfavorable skills and techniques in handling such matters. These two videos demonstrate the limitations of confidentiality and privileged information. As a professional counselor one is expected to uphold the principles of confidentiality and privilege according to the ACA Code of Ethics and state laws. One may conclude that the helpful receptionist video shows clear violations of confidentiality. While the whose privilege video indicates the significance of insuring that counselors comprehend state laws and ethics codes pertaining to confidentiality and privilege. Furthermore, counseling professionals are held accountable for violating ethics codes and state laws as well as training staff on informed consent.

As explained in this chapter, an essential part of the ethical practice is to discuss the rights that clients have before starting the session. This is beneficial for clients as they become autonomous of their decisions, and for counselors because they can avoid ethical complaints from their clients. Providing an informed consent document to clients is one of the most important ways of respecting their rights. This document clarifies the boundaries within the sessions, provides general information about the therapeutic process, the benefits and risks of receiving therapy, and informs the client about his/her right of confidentiality, including its limitations and exceptions. In the first meeting with the client, the counselor should provide informed consent either verbally, with a document, or in both ways (Corey, Corey, Corey, & Callanan, 2015).

Both the ACA (2005) and AACC (2004) code of ethics require the counselor to maintain client confidentiality to the fullest extent. Working in the counseling field, trust is a rock in the foundational of a helping relationship and confidentially plays a large role in the client counselor relationship. Both codes share similarities regarding their stance on confidentiality. When counseling others, a counselor is to inform their clients about their commitment to confidentiality as well as their limits before

Breaking confidentiality is a serious ethical component in counseling and must be considered very carefully before doing so. Each state has laws regarding the disclosure of confidentiality whether it to the courts, the clients, relatives, lawyers, schools, or other unbiased parties (Corey et al., 2015). It is very important that the therapist is aware of the laws in regards to disclosure of confidentiality in the state in which they practice to ensure that they are practicing in an ethical manner and to avoid any legal

Confidentiality is one of the most important aspects when working with clientele. Our text defines confidentiality as, “rooted in a client’s right to privacy, is at the core of effective therapy. “(Corey et al. 2014). Anna Martin describes confidentiality in a little more detail by stating that, “patient confidentiality means maintaining private information about a client, and ensuring that no unauthorized person has access to this” (2017).As an individual working within a helping profession, one of the main goals to hold should be to keep clients protected and have their best interest in mind. Although keeping a client’s information confidential is often in the best interest for the client’s safety, this is not always the case. Certain instances may arise where it is essential to break confidentiality. Throughout this paper, we will look deeper into different situations where breaking or keeping confidentiality is necessary. Specifically, we will consider confidentiality principles as a counselor.

In some situations, counselors must clarify that confidentiality cannot be guaranteed (Herlihy and Corey, 2016). Ethically, a counselor should be sure that

Ethical issues in a counseling practice lay the foundation of a therapist in practice. Ethics are at the center of how the counseling process functions and operates in a successful manner for the clients who seek help in such a setting. In order for the counseling profession to be ethical and hold professional recognition, there are many facets that need to be examined and outlined to make sure all counselors and practitioners are functioning at the highest level and withholding their duties required by the counseling profession. The first introduction so to speak of the area of ethics also happens to be one of the first steps in counseling, which is the informed consent. The informed consent provides the basis of what happens or will be