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The Ethical Decision-Making Model

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I believe the initial considerations are related to Bill making a good faith effort to protect his client (the child) and provide confidentiality using a sound ethical decision-making model, his ethical identity, the code, and the agreed upon “informed consent”. He is now on the witness stand in a courtroom testifying. His role should be that he is a clinical mental health counselor in private practice and his client is the child. However, I believe Bill has made some mistakes along the way with his decision-making, the use of the code, and now his ethical identity is challenged in what could be a high pressure courtroom setting. It does seem that he is not actually sure what his role is at the moment. In the chain of events leading …show more content…

Bill also does not have the competence or knowledge to know how to deal responsibly with the child’s preferences (which was not made known in this scenario either) (Welfel, 2016). Since the child is a minor, according to Dr. Welfel in Chapter 6 of our textbook, then at least one parent or guardian must give content (Welfel, 2016). We don’t know the age of the child in this scenario, so I’m assuming the child is not at a maturity level to make informed decisions so I believe that the mother was provided with and agreed with Bill on the informed consent. The mother is the one who takes the child to counseling, is the one who is knowledgeable of the informed consent, and is the one having discussions with Bill regarding the counseling. It is reasonable to assume that the mother is primarily the one that conducts the business side with …show more content…

However, since the mother was most likely the one who initiated the subpoena, then perhaps this was not possible. It does seem at this point as if communication between Bill and the mother was not sufficient to continue with a sound relationship and there was potential that she might terminate the counseling services provided by Bill. It would be prudent for Bill to anticipate the need to make a referral. Bill and his lawyer also could have written a letter to the court stating that they wished to comply with the law, but that Bill was ethically obligated to testify about them unless compelled to do so by the court or with the consent of the client (APA, 2006). However, since the mother was most likely the one who initiated the subpoena, then she would have also provided consent. In writing such a letter, Bill and his lawyer could have also requested that the court consider Bill’s obligations to adhere to federal requirements (e.g., the Health Insurance Portability and Accountability Act of 1996 [HIPAA]), to protect the interests of the child (APA, 2006). Bill could have cited his ethical standards, which support him in safeguarding the child’s confidences and privileged information (ASCA, FAQ). He could have explained that the state will gain no new knowledge should he testify, but on the flip side the child may be harmed by my testimony (ASCA,

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