Ethical Issues and Marriage/Family Counseling - Research Paper Example

Ethical Issues and Marriage/Family Counseling Breaches of confidentiality Confidentiality is considered as “the most important concept in the delivery of counseling services” Hodges, 2010, p.38). Confidentiality is viewed as an “essential” factor in a client-counselor “relationship” because if it is not kept as a practice, the client would have no reason to “disclose personal or sensitive information” upon which depends the very success of the act of counseling (Hodges, 2010, p.38). It has been clearly stated in the AAMFT Code of Ethics that the “disclosure of information received from clients during couples counseling” before court or anywhere outside is not allowed even if only one of the clients disagree with disclosing that information (Lane, 2006, p.77). Hence, if it is disclosed in a court testimony, that will amount to breach of confidence.

The Code of Ethics Principle 2.2 is the concerned provision in the Code and it says that, “when providing couple, family, or group treatment, the therapist does not disclose information outside the treatment context without a written authorization from each individual competent to execute a waiver” (as cited in Lane, 2006, p.77). Hence the counselor, asked to give a court testimony, has to ask the client (who does not want the counselor to disclose information) that his/her attorney “file a motion for protective order, raising the issue concerning confidentiality and the AAMFT ethical principle involved, so that the court can make a ruling in regard to these issues” (Lane, 2006, p.77). Similarly, in case the court asks the counselor to produce documents regarding the information related to the counseling sessions, as per the Code of Ethics Principle 2.

2, the counselor has to refuse to give them, if any one of the concerned clients does not give written consent (Lane, 2006, p.78). This kind of protection to the privileged communication in counseling was strengthened by a judgment on a case, Jaffee v. Redmond (1996), and the judgment reportedly said that “a social worker could not be compelled to reveal the private records of a client” (Hodges, 2010, p.39). In the history of counseling, breaches of confidentiality have been reported only very rarely (Hodges, 2010, p.38). Studies have revealed that complaints on breach of confidentiality so far, before ethics boards and committees, amount to only “less than 5%” of the total complaints filed (Hodges, 2010, p.38). There is also another aspect to the legal concept of counselor-client confidentiality which provide certain exceptions (Hodges, 2010, p.39). Occasions in which confidentiality has exceptions are: In cases of suspected abuse (child abuse, elder abuse, vulnerable populations) When the client is a danger to self When the client is a danger to others Clients planning future crimes Legal proceedings when counseling records may be subpoenaed (this would include a former client suing a former counselor) When a client has signed a release of information When the client is a minor Clients with serious communicable diseases When counseling clients who are terminally ill (Hodges, 2010, p.39). The ethics of counseling necessitates the counselor to tell the client about these limitations of confidentiality before starting the counseling session (Hodges, 2010, p.39). Multiple Relationships Multiple relationships and the power involved is yet another ethical issue that can have consequences while the counselor is testifying before the court and also on another social occasions (Corey, 2009, p.49). The specific aspect of multiple relationships in a client-counselor setting is that the counselor as a professional will have access to very personal and private information on the client but all the same, as a social being, the counselor might make the mistake of exercising the power imparted by this knowledge on other social occasions, out of context (Corey, 2009, p.49). For example, in a court case involving the custody of a child, a counselor might testify in favor of one client as against the other based on his/her intimacy to that favored client in the form of a family friend, a family doctor, a teacher to the counselor’s child and likewise.

This is why it is observed that multiple relationships, “are pervasive; they can be difficult to recognize; they are unavoidable at times; they are potentially harmful, but they are not necessarily always harmful; they can be beneficial; and they are the subject of conflicting advice from various experts” (Corey, 2009, p.49). The AAMFT Code of Ethics has stated that “therapists, therefore, make every effort to avoid conditions and multiple relationships with clients that could impair professional judgment or increase the rik of exploitation” (as cited in Blume, 2006, p.302). The most frequent manifestation of multiple relationships have been in the area of sexual relationship where “many counselors have been charged with ethical violations for becoming sexually involved with former clients” but under ethical considerations, this has to be viewed as “illegitimate exercise of power” (Blume, 2006, p.301). Such relationships are also often impair the fair judgment of the counselor, especially when he/she has to testify before the court.

For a family counselor, “every session that includes more than one client, is a situation involving multiple relationships” (Blume, 2006, p.312). Hence it is unavoidable but to address the ethical concerns involved, the only way out is for the counselor to keep alert, take precautions to prevent multiple relationships from impairing his/her judgment, and also to act responsibly (Corey, 2009, p.49; Blume, 2006, p.312). References Blume, T.W. (2006) Becoming a family counselor: a bridge to family therapy theory and practice, London: John Wiley and Sons. Corey, G. (2009) Theory and practice of counseling and psychotherapy, London: Cengage Learning.

Hodges, S. (2010) The counseling practicum and internship manual: A resource for graduate counseling students, Berlin: Springer Publishing Company. Lane, D.K. (2006) The legal and ethical guide for mental health professionals, 2006, Denver: Bradford Publishing Company.