Issues and Ethics: Reflection Paper Assignment
Fareeha Ikram
Ethical Dilemma:
1. You are working with a man who has a history of suicide attempts and has been hospitalized on more than one occasion. He tells you that he has found it very hard to get help in the past, because whenever he tells a counselor he is feeling suicidal they immediately call for help and he is hospitalized. He tells you that at those times he really just needs someone to talk to and wishes he could find a counselor he could confide in when he is feeling suicidal who would not call an ambulance and seek psychiatric help for him. He is a very high risk for suicide given his past attempts and frequent thoughts that include a detailed plan. He tells you that he wants to tell you something but is worried about how you will react. He wonders if he can tell you and if you can promise that you will just help him and not involve emergency services, if you cannot make that promise he will not tell you.
Part A
1. Step One: Identify the problem
The presenting problem is that as the counselor to a man with a history of suicide attempts and hospitalization, I’m in a situation where he has asked me to promise to not report any information he confides in me to emergency services.
The major participant in this situation is the man as his life and safety are at risk, given his troubling history, and as the counselor, it is my responsibility to help and support him. Therefore, I must use this 8-step ethical decision making model to decide the best course of action to solve this ethical dilemma. 2. Step Two: Identify the potential issues involved
The issues involved are ethical and legal. First of all, choosing to remain quite in this situation can be a form of enabling, but it will respect the client’s promise. But, if I were to report this to emergency services, I would be violating the client’s confidentiality and his trust. This is a moral and ethical issue. This issue is also legal in nature because while counselors must maintain confidentiality, as per certain provincial and territorial laws, there is a “duty to protect/warn/inform” in case of imminent danger to the client, even when it is inflicted by one’s own self.
One can also
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).
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.
I selected the article “Duty to Warn and Protect: Not in Texas” for review, as it applies to the state in which I reside. The article cites Texas Health and Safety Codes, based on a 1999 Texas Supreme Court ruling that states counselors do not have a duty to warn or protect. Having a duty to warn and protect is defined as protecting clients or others from perceived harm (Jackson-Cherry & Erford, 2014). An example would be that a client tells their counselor in a confidential session that he is considering stabbing his ex-girlfriend. The duty to warn would mean the counselor should notify authorities and the ex-girlfriend thus breaking confidentiality. The duty to protect would be to admit client to a facility for the client to be assessed for a propensity for violence towards the ex-girlfriend. This became important after a 1969 incident where a counselor, had a client expressed harm towards a girl and the counselor contacted the authorities, yet never contacted the girl, who was subsequently killed by the client a few months later, known as the Tarasoff v. Regents of the University of California case (Jackson-Cherry & Erford, 2014).
The ethical dilemma I wish to explore is The Duty to Warn. This refers to the duty of a counselor, therapist to breach one of the most important bonds between a client and a therapist; the law of confidentiality. The therapist has the right to break confidentiality without the fear of being brought up for legal action. If the therapist believes that the client poses a danger, or is a threat to himself, someone else, or society as a whole, the therapist must decide how serious of a threat the client may be, then if he decides it’s a serious issue, he must notify the person in danger, which would e the third party, or the police, or other people who may be in the
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
Key Points of the NASW Code of Ethics The National Association of Social Workers (NASW) is the largest membership organization of professional social workers in the world, with 132,000 members. The NASW was formed in 1955, and the Code of Ethics has been revised twice sense being originally established. NASW works to enhance the professional growth and development of its members, to create and maintain professional standards, and to advance sound social policies.
extended for failure to report such suspected occurrences (Remley & Herlihy, 2010). Counselors may be hesitant in reporting such information if they are struggling ethically with releasing confidential information but should keep in mind that the ACA (2005) Code standard A.4.a., discusses the counselor behaving in such a way as to avoid harm to their client. This may pose another ethical dilemma to the counselor who must now determine if either reporting the suspected abuse or the possible deterioration of the trusting therapeutic relationship due to the reporting, would cause more harm to the client. The counselor must be vigilant in ensuring that personal values or feelings regarding the situation do no influence their decisions
4. How you would use the ethical decision-making model to address or resolve the situation? I would first try to understand the reasons for which Janet was not conducting a face-to-face communication with her clients and noting down information on them which were not true. Then I would identify and understand the standards and codes which are related this issue. Then I would talk to Janet And would asked her why she has
If a client threatens to harm an individual, leaves the mental health professionals office, the professional attempts to contact the victim but can not reach them, and the client harms that individual minutes to hours later, the professional could possibly be held liable. The state of Kentucky protects the mental health professional against any liability for such a situation to occur, but as stated in the readings, the “duty to warn” guidelines vary from state to state. Due to the sensitivity of the situation, there might be confusion between the confidential information that a client provided and if it breaks the code of ethics to inform an individual in society something that the client revealed in confidentiality. If a client makes a statement that they have feelings of hurting someone but their statements are lacking real intent, the client might feel as though their relationship with the professional is damaged and that they can not trust them any longer. The responsibility of warning a potential victim is burdening in itself being that in such cases where the professional or third party authorities can not get a hold of the victim and something happens resulting in fatality, those that were aware of the threats prior could suffer from post-traumatic
Regardless of the State in which they are operating, mental health counselors are held to strict guidelines and laws that aim to keep the therapist-client relationship ethical and confidential. In the video, “Legal and Ethical Issues for Mental Health Professionals, Vol 1: Confidentiality, Privilege, Reporting, and Duty to Warn,” a conversation is directed by a judge on the rules and exceptions of these four topics, and how they relate to the therapist-client relationship. Within the video, three separate cases are reviewed, including the ruling decisions that were made by the state courts in their charge. This paper will seek to outline the laws that pertain to confidentiality, duty to warn, mandatory reporting, and privilege in the state
A counselor who receives information confirming that a client has a disease commonly known to be both communicable and fatal is justified in disclosing information to an identifiable third party, who by his or her relationship with the client is at a high risk of contracting the disease. Prior to making a disclosure the counselor should ascertain that the client has not already informed the third party about his or her disease and that the client is not intending to inform the third party in the immediate future. (ACA, B.1.d)
The CRSS will disclose to the client that if they are to harm another or themselves they will have to break confidentiality. In the ACA code of ethics informed consent is given to the client and respecting confidentiality is another ethical guideline (Illinois Certification Board, Inc., 2017). The counselor will not disclose any information about the client to anyone only when consent is given from the client that they want to tell others about this information. Confidentiality has some limitations in the ACA just like CRSS the client’s confidentiality will be breached if the client makes claims about wanting to harm themselves, harm others or if they’re doing something illegal under the state. It’s the counselor’s duty to report this to their supervisor and they must let the client know that their confidentiality is no longer kept private due to these exceptions since these are instances that are very crucial to a client/ client’s peer’s health that needs to be reported on (ACA,
A display of public art is not a random act of expression encapsulated across a large canvas overnight but a formulated piece of culture for society to witness and experience. Each piece we have seen this semester has embodied the time and effort it takes to not only create a piece of art worth seeing but giving it a story and meaning more powerful than the piece itself. These pieces have given its audience a glimpse into the known, what the cameras and media neglect. Pieces like the To Protect and Serve, Vietnam Memorial, and Bus Poster all go deeper than the surface to deliver a compelling message that outlines a serious issue.
“Great individuals have great ethics and great values.” Ethics and morality can be used interchangeably as they sound as if they mean the same although there is a wide distinction between them. “Strictly speaking, morality is used to refer to what we would call moral standards and moral conduct while ethics is used to refer to the formal study of those standards and conduct. For this reason, the study of ethics is also often called moral philosophy." (Gordana D 2007)
When asked to reflect on an ethical dilemma that I faced in life, it really makes me think of all the possible situations that happened in my personal and professional life. There are several instances where I have faced ethical dilemma but I wish to point out to one such instance that I encountered at my workplace where I was able to take decision based on my conscience and I feel I have made the right choice and below is the reflective account of that incident.