Standards and ethics for counselling in action - Essay Example

? Running Head: ETHICS Ethics in counseling scenarios Ethics in counseling scenarios Introduction Finding ethical means to helpthose who go to professional counselors can be a tightrope on which the counselor must weigh the best benefits to the individual who needs help against protecting the liabilities and potential harm that can come from violating law and the boundaries of the person who is in need. Counseling can be defined by the effort to listen to issues to giving advice about those issues (Bond, 2000, p. 17). The position of a counselor can sometimes be designed for listening to problems and having the information available for services that will further provide for that individual. The position may also be the final stop in the pursuit of getting help for issues. Whatever role that a counselor fulfils during their interaction with someone who has come for help, it is clear that ethical parameters, both legal and professional, must be adhered to in order to provide for the best possible outcomes to counseling efforts. The following case studies provide context to the examination of ethical considerations for counseling scenarios. Through looking at the ways in which these examples are approached, the nature of counseling as it is defined through its ethical parameters is investigated. The first scenario takes place in a school setting and is not only constrained by the ethics of counseling, but through also the relationship of the student with the school and the constraints of age. The second case involves the judgment of another’s practices under the conditions that are involved in counseling at a specific agency. In that case, the examination of the work of another is relevant to the way in which an approach is made on the concerns involved. Case Vignette 1 Jessica Jessica is 16 years old, and is sent to the school counselor following concerns from her year level coordinator. Jessica is finding it difficult to concentrate in class, is continuously late to school, and often arrives to school disheveled and unkempt. The coordinator is concerned about what may be happening at home with Jessica, and that she may be getting involved in a notoriously bad circle of friends in the area, known for drug-taking and other delinquent activities. Although reluctant during the first few sessions to disclose anything much, Jessica begins to trust the counselor and opens up about her frequent drug use. She says she used to only smoke marijuana, but that now this has increased to weekly party hits of cocaine and speed. She tells the counselor that the effects of these drugs is beginning to diminish, and that she feels she has to try something harder, like heroin, to gain the same effect. That week, the counselor receives a phone call from Jessica’s parents wanting to know what is going on with their daughter. What should she do? Counseling Jessica As suggested by Corey, Corey, and Callanan (2011), learning to navigate the ethical concerns of professional practice is about learning a new culture of behavior. The substance of the ethical foundation of a practice is supported by a set of guidelines, but those guidelines are not a rigid set of rules in which a professional works. There are laws to support the behavior of a counselor, but most of the ethical decisions that a counselor will make are dependent upon the interpretations and judgments that the professional has been acculturated to make through career experience. One of the most vital areas of counseling where the issue of ethics is more rigidly structured and important is in the area of school sponsored counseling. Both the interests of the school, as an agency, and the individual student who comes to counseling are interconnected and must be considering for the process. As a school counselor, a professional is employed by the school and represents the school interests in the way in which they approach their position. According to Sommers-Flanagan and Sommers-Flannagan (2007), “Obviously, school counsellors are school professionals – a reality that influences the school counsellor’s role and function and illustrates the inseparability of context in professional practice” (p. 240). School policies and the law will have an effect on the way that a school counselor can handle a situation where a student is sinking into drug addiction. Confidentiality is less clear where students and a school system are concerned and what the student tells a school counselor may have far reaching consequences if not handled in a way that is approved by the administration. Federal law is clear, however, on the right to privacy for anyone who seeks evaluation and treatment for drug use. Where the Supreme Court has supported the right for random drug testing of athletes, they have been clear that random drug testing outside of the context of participation is unconstitutional. In other words, choosing to participate is conditioned by drug testing where school policy asserts this condition of participation. However, attending a school is not enough of an excuse to violate a student’s right through random drug testing when this has not been agreed to as a condition to participation. In New Jersey the courts found that a school policy that required drug testing as part of a physical examination before entering the educational system was unconstitutional, thus it was “unreasonable search and seizure without due process” (Schwab and Gelfman, 2005, p. 249). The federal policies have outweighed the state and district policies where privacy and students who may or may not be using drugs is concerned. While it has been clearly laid out that the privacy of the individual, even if that individual is a minor, is above the rights of the parents to be informed, the drug use that Jessica has discussed is providing a course that puts her life and future into jeopardy. This puts the counseling professional in a dilemma as to the proper course of action is concerned. Ethically, in order to provide continued trust, the confidentiality of the discussions should be maintained. Not only is this a part of the ethically structured relationship between the student and the counselor, it is federally mandated that the confidentiality of the student be maintained. The problem is that not only has she indicated past use, she has indicated escalation of her drug use. Where students reveal or it is revealed that drug use has occurred in a school medical situation, parents are entitled to know about the events that led up to the medical problems. In a counseling context, it is clear that disclosure to parents is not allowed (Schwab & Gelfman, 2005). When first discussing this topic with Jessica, a school counselor will need to find out as much about the drug use as possible. Attempting to get to the root of the issues can be a part of the sessions, but it is likely that the type of counseling that Jessica needs is far more intensive than a school setting can allow. McDowell and Hostetler (1996) have developed a system based on the acronym LEADER in order to approach counseling a young person who has revealed drug abuse. The first leader simply refers to Listening. Listening to what Jessica has to say about her problem is the first step in finding a suitable approach. E stands for Empathizing and trying to understand the experiences involved in her abuse of drugs. The response to the young person should be one of Affirmation, not condoning the use, but validating that the individual is valuable. The D stands for Directing the student towards the right actions. Helping the student to develop a strategy for reaching out to her parents would be the best possible beginning of a positive outcome. At this point Enlisting the aid of family is the best possible beginning of recovery from her current situation. Finally, Referring the student to the appropriate resources for further counseling and treatment should be the outcome of the school counseling sessions.’ The consequences of adopting this response could result in alienating Jessica. As Jessica has indicated that she wishes to escalate her drug use, not find a way to end her use, she might feel that discussing treatment is an intrusion on her own plans for her future. In admitting that she feels a need to create a better high for herself, it is likely that she has decided to reach out to someone she has come to trust about her use of drugs. However, she has not come to the counselor to end her drug use, but to discuss her experience with her use. She may be coming with the idea of treatment, but has only just begun to discuss her experiences, needing someone who can listen and empathize with her situation. Family support is crucial in successful treatment, but at this point her parents are still in the dark. When counseling a student about drug use, even in their absence, the entire family is actually the client of treatment as the entire family has been affected by the abuse of the student (Rasmussen, 2000). As the parents have called inquiring about what is going on with their child, there is an introductory reason to bring up talking to Jessica and her parents. While speaking to the parents about what is going on with their daughter would not be appropriate without permission from Jessica, there is no reason not to discuss the phone call with her. By letting her know that her problem has become an issue within her family, the outcome may be reached where a family meeting and subsequent treatment referrals become possible. In opening the door to inviting her parents into the sessions, the opportunity becomes available to discuss options through a familial perspective. With her intentions clearly stated to continue escalation of drug use, it is time within her life to find an alternative to drug use for her expressions of youth. Through a family developed strategy, the potential for success would be greatly increased (Rasmussen, 2000). This situation presents a challenge for a school counselor. The first problem is in seeing the destruction of this young girl’s life without having recourse to automatically include the family in discussions. The parents do not have the right to the knowledge that has been passed to the counselor and may not be told without her permission. Therefore, creating a safe place in which she can reveal her problems to her parents is the first order of business. This comes from listening to Jessica and making suggestions that help to lead and guide her to this solution. The issues with trying to find this space for her is in not putting to so much pressure on her that she feels overwhelmed or threatened. The intention is to help her come to the conclusion that this is the best outcome on her own. The risks involved are defined by the privacy she must be given on this issue. In not revealing this problem to her parents, she is put into further risk by her own admissions. She may not be able to come to this decision easily, and it may be that she is very resistant. In this case, the risk to her health is substantial and the dilemma that is facing the counselor is in finding her having continued risky behavior until it significantly threatens her health. The most difficult problem in handling this situation would be to work towards not violating her privacy with parents that suspect that something is happening with their daughter. Parents who have such suspicions will have played out different circumstances in their head until they have worked themselves into a real frenzy. They will often demand answers when the counselor has none to give, placing them in an awkward position and putting the child in harm’s way. This dilemma of how to handle the parents is the problem that is best solved through collaborative efforts, but without Jessica’s consent, that avenue would remain closed. The other aspect that would be frustrating for the counselor in this position would be the inability to act in order to change the potential negative future that further drug use would hold. The idea of watching a student fall deeper into a life that is about drug use rather than more productive pursuits would be a frustrating proposition. While the use of the framework that LEADER provides would help a student to find herself in regard to the potential of including her family, the choice is still with her. The benefit of the constraints on privacy issues do outweigh the potential outcomes of depriving those rights, but the addition of those rights allows for a more open discussion for the student. Case Vignette 2 Alex Alex works as a counselor at a local agency. He is also president of the local right to life organization. During lunch and tea breaks, Alex tries to convince staff of the importance of saving lives and the need to oppose abortion. He is very open about his views and is a known anti abortion activist by the locals. Alex is also very opposed to contraception. During a recent conversation, Alex expressed his belief that abortion is murder and contraception is sinful and unacceptable. Many of the clients that come to this agency are single females with issues around family planning. As a counselor at the same agency, what should I do? The issue of how to handle issues with the work of fellow employees is a difficult one to navigate. The problem with the way in which Alex approaches his position is that his point of view can have a great influence on how his clients handle their personal decisions. As well, he has the responsibility to respect the beliefs of others in the process of how he deals with others. While personal positions on abortion may be volatile, it is not the right of a counselor to insinuate his beliefs on those for whom he is to serve as a counselor (Weil, 2000). An ethical approach to counseling provides for a space in which belief systems are respected. If a client comes into a counseling situation with their actions being judged by their counselor based upon personal belief systems, the effectiveness of the counselor will likely be diminished. Alex does not have to give up the way that he believes in order to continue to practice ethically. According to Ivey, Ivey, and Zalaquett (2010), the role of the counselor is one of neutrality. They state that “There are no absolutes in counseling and interviewing…You do not have to give up your personal beliefs to present a nonjudgmental attitude rather you need to suspend your private thoughts and feelings…change requires a basis of trust and honesty” (p. 209). In order to provide for the client in the best ways possible, personal belief systems that are defined by concepts that might not serve the client’s interests cannot be inserted into the counseling process. Because of Roe v. Wade, the issue of abortion has been settled within the United States. The female body belongs to the woman, her rights to terminate a pregnancy when down within a reasonable time limit have been federally affirmed (Payment, 2004). Using undue influences in the position of a counselor would be an ethical violation of the trust that a client puts into their counselor. Alex has the right to his opinions, but he does not have an ethical right to use his position of influence over women to try and convince them of his beliefs. It is inappropriate to bring his activism into his work when this may not be on the agenda of the agency. As they agency appears to hold a neutral stance on the topic, Alex is responsible to be a conduit of this neutral stance rather than pushing his own agenda on his fellow workers and potentially his clients. As a counselor, one of the powers that are shared with psychologists and psychiatrists is transference. Transference occurs when the client develops a sense of a ‘relationship’ with the counselor, psychologist or psychiatrist. However, according to Felton (2009), where the psychologist or the psychiatrist will encourage transference, a counselor will not. A counselor does not intent to create a false sense of a relationship with a client because the depth of submission is not a part of the counseling process that might occur in other therapeutic situations. In psychotherapy sessions, creating that dependency can be a part of a long-term therapeutic strategy, but in counseling sessions this type of depth is not encouraged (Norcross, 2011). The problem with what Alex is doing where his counseling sessions are concerned is that the intensity of his beliefs will either build transference or resistance as the relationship between himself and his client develops. The controversial nature of the issue of abortion means that it is a volatile topic. In addition, the extreme nature of Alex’s views, not necessarily in content, but in his voracity, appears to come through when he is in conversation with is co-workers. It is inappropriate to bring one’s political views into the workplace to a point where others notice that it is an agenda. As Corey, Corey, and Callanan (2011) suggest, “We also bring our human qualities and life experiences to every therapeutic sessions” (p. 44). As discussed by Zastrow (2010), the problem with bringing a firm and decided point of view into the counseling situation is that it discounts and invalidates the opinions, of not only co-workers, but of clients. As Alex has used his adamant stance as a position from which to work and interact at work, he has created a hostile and aggressive sphere around himself that displaces and discounts other opinions. It is possible that this sphere of opinion alienates women as they work through issues regarding their own feelings, past or future actions, or any other need or issue that is involved with the topic. The preliminary response as a peer to Alex would be to go to a superior and discuss the issue. With such strong opinions, it is unlikely that an equal could approach him and discuss his behavior with any success. It is more appropriate to make sure that someone with some authority is aware and can address the situation. There is little other recourse that one can take when such a situation is faced. The worst way to respond would be to confront Alex in a public forum. This type of confrontation would separate him from the group, creating a defensive posture from which a recovery would be difficult (Durre, 2010). The important part of the process is to maintain the team so that all of the good that is being done is not negated by a falling out. Through discussions about concerns with a supervisor, the supervisor can lend authority to the situation and provide guidance through decision making and policy making. The part of the process that would be uncomfortable is the confrontation that would occur between the staff and Alex. It is likely that he is somewhat unaware of the effect that he has on others when he discusses his beliefs. He most likely feels his is educating and being informative. Therefore, when he finds out that others see his strong beliefs as intrusive, he might become a bit confrontational or defensive. The initial conversation with a supervisor might also reveal that the supervisor does not have the same perspective on the issue. Thus the situation would not only go unresolved, but be left open for more aggressive pursuit of his agenda. Although ethically his intolerance of others who might have had to go through this experience or who might contemplate it in the future is unacceptable, his strong beliefs are interfering with his ability to practice. Therefore, as difficult as it would be to create an issue, it would be necessary in order to facilitate the needs of his clients and the purposes of the agency. Conclusion The issue of ethics is considered for the profession of counseling where law and the best interests of the client merge. In the case of Jessica, the policies of the school and the unique set of circumstances that are created through the school system put constraints on the way in which she could be counseled. In the case of Alex, his behaviors in regard to strong personal beliefs were interfering with his ability to function. These scenarios provide context for the laws that have been written to specifically address the problems that can occur through the counseling context. As Jessica is motivated to face her parents and reveal her problems, Alex is pushed to detach from his own personal beliefs in order to engage the beliefs of his clients. In the end, it is all about appropriate connections that are best selected in order to provide the best possible outcomes. References Bond, T. (2000). Standards and ethics for counselling in action. London: Sage Publications. Corey, G., Corey, M. S., & Callanan, P. (2011). Issues and ethics in the helping professions. Belmont, Calif: Brooks/Cole. Durre?, L. (2010). Surviving the toxic workplace: Protect yourself against coworkers, bosses, and work environments that poison your day. New York: McGraw-Hill. Felton, C. L. D. (2009). Counseling needs: Principles and ethics. S.l.: Authorhouse. Ivey, A. E., Ivey, M. B., & Zalaquett, C. P. (2010). Intentional interviewing and counseling: Facilitating client development in a multicultural society. Belmont, Calif: Brooks/Cole. McDowell, J., & Hostetler, B. (1996). 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The practice of social work: A comprehensive worktext. Belmont, Ca: Brooks/Cole. Read More