Legal Aspects of Counseling - Research Paper Example

Legal Aspects of Counseling Lecturer: Introduction Legal principles and Ethical values are ever evolving documents that reflect current conditions. Counselors like other professionals face ethical dilemmas and legal challenges in their day-to-day activities. Acting lawfully is often not easy or clear, and counselors have in that regard created code of legal standards to deal with the same. In making decisions that are lawful, counselors depend on professional standards, ethical values, as well as legal precedents to have the appropriate information in their area of ethics. They consult colleagues, casebooks and principles of academic knowledge which are not adequate resources in assessing the developmental level at which their fellow colleagues operate (Bentler, 2008). Counseling is a dynamic process that generally deals with the wellness, career and personal growth of individuals in diverse and multicultural settings. In the end, the counseling program should empower the mental health and the overall wellness of the individual. State and national legislation is an essential part of information that they need to have, as it is primary to their daily operation. They are therefore legally responsible for civil and criminal offences if found to be in violation of client’s rights and or societal rules. Following ethical standards of professional organization that the counselor is affiliated to, and obtaining malpractice insurance will protect the counselors legally and give them a base to vindicate what they do (Tabutt, 2007). Significant legal aspects of counseling “The law can serve as an essential tool for great effectiveness, accountability and also provides support for local capacity building.” ( Poulisson, 2006) Sound policies that reflect legal requirements and considerations need enforcement by the counselors to act as preventative measures and as responsive measures too. A counselor to client relationship is a delicate relationship and therefore the counselor must provide a safe environment hence negligence accrues from a breach of this safety. The importance of the legal aspects of counseling is that the counselors have the guidelines to know how they should react in different situations and where feedback on handling difficult situations needs reiteration. In many situations, the need for ethics information has the highest ranking. There should be substantive due process where actions ought to have a relation to the institution’s interests in protecting and helping the client. In some cases, situations presented might not respect the substantive due process and hence has no reasonable grounds. It is a requirement that the institutions adopt procedures that effectively respond to the problems they face. A significant legal aspect is nondiscrimination where clients get uniform treatment and the rights, privileges and liabilities imposed must apply equally to that populace. This is the aspect of social justice so that even the marginalized groups are able to have equal rights. The counselors should offer a nonjudgmental professional service honoring the client’s individuality ( Davis & Mickeleon, 2005). A major legal aspect is confidentiality where suing the counselor can result because of breaching confidentiality, as this principle is a legal requirement. The element of privacy should also be maintained and at the same time bad practice avoided on the part of the counselor. Another legal aspect is the training of the counselors and professional recognition of the institution. This is important as it protects both the client and the counselor when legal issues arise (Thomas, 2006). Training standards also give the proper guidelines for the counselor to act in a manner that satisfies the legal codes. One can see that the professionals are becoming more aware and sensitive to these issues to abide in ethical and lawful practice (Flasher, 2006). The increase in litigation can be the contributing factor, but with changing regulations, counselors are finding it much better to stay up- to –date to improve their decision-making and to operate ethically within the law. Many times such decision tend to be in the grey areas rather than in the black and white zones and the answer to a situation is not always the “right” answer at all times, since society changes, and laws change, issues change and the perspectives of looking at them changes. Counselors must always keep up with the professional ethical values, the legal guidelines and any other relevant information (Theodore & Hemthly, 2013). Biblical insights to legal aspects of counseling Several pertinent issues exist in summarizing counseling in every biblical counseling ministry. These are confidentiality, propriety, referral, humility, documentation, church discipline and supervision. Confidentiality for instance has legal meanings as it does biblical and ethical implications (Walmpold, 2010). In a court of law, there is no recognition in confidentiality for Christian counselors that are not pastors. Privileged communication is consented to a minister who cannot be compelled to disclose any information to a third party, as he would be acting in his professional capacity of a spiritual advisor. The client needs to get an effective explanation of the policies in the biblical counseling ministry at the start of the counsel in writing and signed so that the client has knowledge of the binding agreement he is getting in to and to ensure that there is legal evidence of the programmes (Larrabee & Terry, 2005). Confidentiality is an essential aspect in biblical counseling. Information from the client holds in strict confidence unless there is a court order to direct the disclosure of the information. For example if there is sufficient evidence to reveal the abuse of a child, if the person shows intent to harm oneself or someone else, if the counselor seeks consultation from the supervisor or if the person consistently refuses to renounce a certain sin against God and thus requires the assistance of others to encourage repentance (Lambert, 2005). There are biblical insights in the context of biblical counseling that provide guidelines to restore believers that have erred to bring them back to the reconciliation with the body of Christ (Poulisson, 2006).When clients approach such counseling programs they should be given a verbal and written notification that the counsel to be received is strictly biblical. There are potential legal ramifications that may arise following acts that may lead to the invasion of privacy of the client, defamation of character, imposition of emotional distress, and the publication of the private information of the client. Case law has supported the church’s right to discipline members in many cases. While it does not require a state license to be a counselor in church, it should be necessary to possess the applicable credentials to engender efficient biblical counseling. Many would argue that the church counseling experience alienates itself from the real issues of psychology and counseling. This misunderstanding has propelled people to seek counseling with the accredited professionals more (Theodore & Henthly, 2013). However, one should remember biblical counsel is relative to biblical insights and the church regards “soul care’ primary. To improve on biblical counseling nevertheless, the pastors should get some training to equip them to broaden their scope in handling situations. In case that this seems futile, they are required to refer the situations to qualified professionals. In the same vein, Christians that have licenses in counseling should be aware of their role in the body of Christ; holding a license to counseling should not force the Christian to compromise their faith. Ethical dilemmas may arise in biblical counseling for instance, when the state requirements force the counselors to compromise. An example is if a state passes a law that prohibits biblical counseling against the turning from a lifestyle like helping minors to turn against homosexuality. Such social dilemmas and bias by the secular communities have infringed the church pertaining to Christian psychology and counseling. In any case, by utilizing the credentials of their counselors recognized by their culture to promote ministry work, the church agrees that they are fighting the same battles as the other counsellors in other institutions just in a different angle (Tabutt, 2007). Ethical and legal issues in aspects of counseling Legal standards differ from ethical standards of practicing. The former relates to accepted and ingrained professional practices while the latter the values tend to be idealistic. Counselors are important people in the society; their help is useful in schools, churches, hospitals, and even private organizations .Ethical-legal issues reflect on the science and art of counseling. Ethical and legal issues are almost inseparable; what is unethical is can still be lawful but what is illegal is most often unethical. There can either be the violation of ethical standards or boundary crossing. Violation pertains to a serious breach of standards that causes harm to the clients while boundary crossing pertains to departure from standard ethical counseling practice. Some of the ethical issues related to counseling are; being trustworthy, an element considered fundamental to comprehending and resolving ethical issues (Davis & Mickeleon, 2005). Here the counselor is obligated of trust to restrict any disclosure of information about clients revealed in confidence to further alternative purposes from the intended purpose of disclosure. Clients can sue the counselor if he or she intentionally or inadvertently reveals confidential information to a third party. The counselor must respect the client’s right to autonomy where the client has a right to self-governing and prior provision of any foreseeable conflicts of interest deemed apparent and ensure there is informed consent on any likely procedures. Proper advertising and soliciting clients is required. Beneficence is also an ethical principle where the counselors must act in the best interests of the clients on grounds of their assessment to ensure that systematic monitoring of the client to achieve the best available results (Theodore & Henthly, 2013). The relationship with the client must remain strictly profession although; this is to avoid impairment in judgment. This situation arises when the practitioner assumes two different roles with the client sparking the emergence of conflict of interest. This engages the principle of non-maleficence where the counselor must have a commitment to avoiding harm to the client. This encompasses having an ethical responsibility in averting any sexual, emotional or any other form of exploitation even if it is avertable or unintended. Conflict of interest and exploitation can ensue from harmless situations. In some situations, negligent counseling which is a legal risk may arise if the client became more aggravated from the counselor. Some states confer the legal duty to counselors to refer suicidal persons to medical professionals. There have been a substantial number of lawsuits brought by persons sexually assaulted by counselors and often the misconduct most likely transpires during the counseling sessions (Poulissons, 2006). Most private counseling sessions undeniably presents emotionally vulnerable persons and in many cases brings forth formidable temptations. If the counselor initiates such contact criminal charges that can devastate the counselor willaccrue with his professional credentials being at the risk of jeopardy and eventual future employability coupled with unavailability of insurance coverage to his or her legal defense or payments of any damages. Clearly, practitioners should try in all means to avert this risk. Sometimeshowever, the counselor may be falsely accused of inappropriate behavior where in some cases persons may have their own ulterior motives and further the seeking of legal settlement (Thomas, 2006). The results may be as devastating as the genuine complaints and hence counselors should develop defensive measures. Practitioners have the consent to contribute to investigations involving professional practice that goes below that of a competent professional and it is imperative that in the career of a counselor, they will come across a case of an unethical employee and therefore proper measures to protect the vulnerable client must exist. Counselors also have reporting obligations for cases such as child abuse. There is the exception where counselors can breach the duty to confidentiality in reasonably suspected cases of abuse (Walmpold, 2010). In many states, counselors have the mandatory duty to report child abuse and even gone further to authorize victims to sue these mandatory reporters in case they do not report. Finally, the counselor has to be just and fair to all the clients he or she serves, giving respect to their human rights and their dignity. This principle considers all the legal requirements and obligations and remains attentive to any possible conflicts between legal and ethical obligations. In essence, Counselors must strive to facilitate the provision of fair counseling services to all the needs of potential clients. There should be cultural diversity where all people from all cultures are entitled to receive the same interaction.Counseling generally should provide an atmosphere where the client does not feel prejudiced (Flasher, 2006). There are however techniques to effective therapy where the client receives warmth, support and attention of the counselor in the setting. For a smooth process, there should be a positive counseling alliance between the counselor and the client where the client has faith and expectancy in the outcomes. The counselor can utilize the techniques that are consistent with the client’s expectation and efficacy, in this they have to be very convincing in the proposed perspectives of handling the issue. Five elements of the counselor are essential; the history of the counselorin previous experiences, the personal characteristics, the cognitive ability, field exposure and apt counseling programs. Personal reflections Organizations that hire these professionals must severely screen candidate for counseling positions to ensure that the person is very suitable for the position. The screening should include previous organizations with which the person was affiliated, prior misconduct Vis a Vis presence of criminal records. This background check is essential because a client can sue the organization for damages caused by the counselor if it had knowledge or should have known of the questionable history of the employee and hence strict screening procedures to lower this risk must exist. (Davis & Mickeleon, 2005). The counselor can utilize opportunities to seek counseling, training and other opportunities for personal development guarding oneself against any arising financial liabilities from the activities undertaken requires the counselor to have appropriate insurance. In my opinion blending of relationships between the practitioner and the client should be avoided and therefore there is the necessity to establish appropriate boundaries because in many small communities the helpers are more likely than not to be involved in multiple relationships therefore making dual relationships inevitable (Larabee, 2005). The organizations have duties to acquaint the counselors within it of their legal obligations under state law in regards to this key issue. Furthermore, a legal agreement should exist between the counselor and the client to stipulate the conditions of the agreement and in other situations, counselors must avoid controversial therapies. The techniques that may impart a high level of liability need no condonement in the organization. An interactive dialogue with the counselors will provide a learning framework and a base for professional growth. Counselor departments should offer courses, programmes andworkshops on ethical issues as well as legal issues. Complying with the legal and ethical issues in counseling are the most important aspects of being an effective counselor. In the case of biblical counseling, the church should clearly spelt out guidelines that should been discussed with and signed by the new members. The counseling policies should clearly show the biblical principles and practices, the motivations and objectives and the systematic process in which the members should adhere. Furthermore, we must realize that counselors will eventually have to struggle within themselves to determine the applicable action in every situation; henceforth we shall understand the importance of the intervallic assessment of the issues in counseling, legal awareness, ethical knowledge and sensitivity. In essence, a counselor has the obligation to consider all the relevant situations and circumstances with as much care as is possible to be appropriately responsible for the decisions that he or she makes. Issues on general interest, information protection and access, confidentiality and the expectations having a private practice as a business venture need to be addressed considering all the legal ramifications that may arise and to be prepared to answer to the duty of care having the necessary knowledge about the law. References Bentler, L. (2008). Law Book. When Empirical And Clinical Standards Of Practices Meet.”. New Jersey: Pass Press. Davis, J. L. & Mickelson, D.J. (2005). Ethical Issues. Are You Aware Of Ethical Aspects Of Counseling.New York: The Counselor Publishers. Flasher, L.V. & Fogir, P.T. Psychology. Psychology, Counseling Skills. Alaska: Persimmon Publishers. Lambert, M.J. (2005).Psychology. Implication Of Outcome Research For Psychotherapy Integration. New York; Basic Books. Larabee, M.J. & Terres, C.K. (2005). Ethics. Ethical And Legal Issues. Minnesota: Smart Press. Powlison, D. (2006). Faith And Ethics. Modern Therapies And The Church’s Faith. Washington: John’s Publishers. Tabutt, L.C. (2007). Current Legal Trends. A Dilemma For Counselors. New Jersey. The Counselor Publishers. Theodore, P.R. & Herithly, B. (2013). Legal Issues. Ethical Legal And Professional Issues In Counseling. Springfield: George Washington University Press. Thomas, H. (2006). Legal Issues. Legal And Ethical Aspects Of Counseling. Washington: Hamilton Institute Inc. Walmpold, B.E. (2010). Legal Methods. The Great Psychotherapy Debate- Modern Methods And Findings. Mahwatt: Lawrence Eribaun Associates Publications. Read More