Ethical and Legal Issues - Case Study Example

Ethical and legal issues in counseling Ethical and legal issues in counseling Ethical dilemma 3 In this case, Leanne is a 16-year-old girl. During the counseling session, she reveals that her father sexually abused her since she was 8 until she was 12. She currently lives with her father and stepmother. The ethical decision-making model developed by American Counseling Association (ACA) is useful in understanding the social and psychological needs of Leanne and providing an overview of the best counseling advice to Leanne. Ethical and legal issues in counseling Introduction Counselors are face numerous client situations that require ethical decision making abilities and American Counseling Association (ACA) has offered a decision-making model that guides the professionals in ethical decision making. The decision-making model is based on five moral principles that guide the professionals in dealing with ethical dilemmas in their practice and include autonomy, nonmaleficence, beneficence, justice and fidelity. According to Cottone & Tarvydas (2006), counselors are expected to consider the client autonomy and foster client’s independence and also refrain from causing harm to their clients. Counselors are expected to contribute to the welfare of their clients and treat all individuals equally and with dignity. Furthermore, counselors have an ethical responsibility of ensuring loyalty and honoring all commitments through building therapeutic relationships that are based on shared trust and obligations in order to further the interests and welfare of their clients (Welfel, 2012). Identification of the problem The initial step in counseling Leanne is gathering of information in order to understand the psychological situation. As a counselor, the gathered information will enable me to outline the facts of the problem and separate the assumptions and hypothesis regarding the psychological problem. This issue is complex and requires counseling since Leanne is likely to be undergoing psychological trauma due to sexual abuse by her father at early age. The complex situation that requires a counselor to follow the ethical and legal guidelines in counseling such as refraining from disclosing of confidential information and showing empathy to Leanne in order to improve the therapeutic relationship (Cottone & Tarvydas, 2006). The nature of psychological problem that Leanne is undergoing is legal, psychological, and ethical and requires careful attention of the counselor in order to determine the best course of action. Application of the ACA Code of ethics The next step in the ethical decision making model will entail following the American Counseling Association (ACA) code of ethics that will enable counselor clarify the expected ethical standards that should be followed in their practice. Remley & Herlihy (2014) asserts that such situation require the application of core professional values of enhancing human development throughout the life span since Leanne is likely to experienced poor social development due to psychological trauma of the past sexual abuse. I agree with Remley & Herlihy (2014) that is should implement a multicultural approach and support the social and cultural context of the situation while practicing in a competent and ethical manner. I will promote social justice and safeguard the integrity of my counselor-client relationship. I will acknowledge the primary responsibility of enhancing the client welfare through proper keeping of records and documents and requesting Leanne’s informed consent before the counseling sessions can commence (Hackney, 2000). As a counselor, I am expected to remain objective and refrain from any sexual or romantic relationships with Leanne or other types of non-professional relationships and interactions that may jeopardize the integrity of the therapeutic relationship (American Psychological Association, 2014). In the establishment of fees, I will consider Leanne’s financial status and locality and charge the minimum fees possible since she may not have the necessary financial resources to pay for the services (Gregoire, 2012). As a counselor, I will ensure confidentiality and privacy of Leanne through respecting diversity, maintaining the privacy of confidential information and explaining the limitations that may lead to breach of confidentiality such as legal requirements of such information that involves prior sexual abuse by her father (American Psychological Association, 2014). As a counselor, I have a public responsibility not to condone sexual harassment and thus I am expected to report to third parties such as courts my evaluation reports on the sexual harassment that Leanne is likely to be undergoing. Determining the nature and dimensions of the dilemma The third step in ethical decision making is to determine the nature and dimensions to the dilemma through considering the guiding moral principles such as autonomy, nomaleficence, beneficence, justice, and fidelity (Herlihy & Corey, 2006). According to the autonomy principle, I believe Leanne was not mature enough to make a rational decision about her sexual relationship with her father or make a decision to tell her stepmother about the situation. According to nonmalficence principle, I am expected not to cause harm to others and thus my actions must not cause intentional harm to Leanne. I will remain sensitive to emotions while discussing her past sexual abuse by her father or issues concerning her current relationship with her father (Sanders, 2013). The beneficence moral principle reflects the counselor’s responsibility of contributing to the welfare of the clients and thus I need to help Leanne overcome the psychological and social trauma she is undergoing and at the same time make sure I do not cause more harm. The justice principle requires me to treat Leanne equally and with dignity regardless of her young age or past traumatizing childhood (Parsons, 2001). The ethical dilemma has a dimension of fidelity since Leanne stepmother may not be aware of the suffering that her stepdaughter is undergoing and disclosing of these information may interfere with their current family relationships. In this case, I will remain faithful, loyal and honor all commitments since I am aware Leanne is worried about disclosing the situation to her stepmother since it may ruin the trust to her husband. In this case, I will find a balance between doing what is best for her and still maintain professional therapeutic relationship. Generation of potential courses of action Several potential courses of action are available to dealing with the situation. The potential actions include; Inform Leanne’s stepmother without speaking to her father first Meet with Leanne again and talk over all her options and try to get to tell her mother Let Leanne decide what is best for her Tell the local police authorities about Leanne’s situation and let them decide what to do Considering the potential consequences of the courses of action The basis of considering the potential consequences of all possible options is to determine the implications of each action and avoid the actions that may cause harm to the client. The counselor is expected to review the unproblematic options or a combination of options that best addresses the situation and priorities that must be met in ending the psychological problem (Sanders, 2013). If I inform Leanne’s stepmother about the situation without the knowledge of her father, this course of action may lead to further family disagreements and eventual divorce that will be more create more harm to Leanne. Accordingly, her father may not be happy with the situation and this may lead to further neglect and abuse from her father (Hackney, 2000). If I meet with Leanne again and discuss the options of telling her mother, this will offer her an opportunity to explore the various options of communicating the message to her mother. This will enable me understand the emotional maturity of Leanne and guide her on how to gather her thoughts and feelings about the situation and advice her on the legal options that may be available in addressing the past sexual abuse from her father. I believe I will need more time to hold discussions with Leanne and make the best ethical and legal decision regarding the dilemma. Leanne should not decide what to do on her own since she may not have the mental maturity and emotional stability to handle the traumatizing situation and thus I should guide her on the best ethical and legal option. If I decide to inform the local police authorities about the situation, I will have relinquished by duties as a counselor and this is not an appropriate option since I will have failed in contributing to the welfare of Leanne and infringed on the fidelity moral principle. Selection and evaluation of the selected course of action As counselor, I will continue to meet with Leanne and hold professional therapeutic discussions about the situation and inquiry more about her current relationship with her stepmother. If Leanne is not willing to disclose the situation to her stepmother, I will encourage her to do so or disclose the situation to another close family member such as her uncle. I will make sure that Leanne has the emotional maturity to deal with the situation and inform her of the possible consequences of each action including the legal implications. I prefer that Leanne informs her stepmother about the situation. Implementation of the course of action The final step entails gathering courage and implementing the selected course of action and making a follow-up to determine whether the actions have attained the anticipated consequences and effects on the client. I will make follow-ups to determine the psychological wellbeing of Leanne and if she has disclosed the situation to her stepmother after the counseling and therapeutic sessions. Conclusion American Counseling Association (ACA) has issued guidelines that assist counselors in making ethical decisions when confronted with dilemmas. The practitioners must observe the moral principles of autonomy, nonmaleficence, beneficence, justice and fidelity and follow the ethical decision-making model that has been issued by the association. The counselor must gather facts about the situation and follow the ACA code of ethics through avoiding discrimination, maintaining confidentiality and promoting the welfare and independence of the client in all decision-making. Accordingly, the counselor must understand the consequences of the possible courses of action and select the option that does not cause harm and that is beneficial for the client. References: American Psychological Association. ‘Publication manual of the American Psychological Association (Current ed). Washington, D.C: American Psychological Association. Cottone, R.R & Tarvydas, V.M. (2006). Counseling ethics and decision making. Boston, M.A: Pearson. Hackney, H. (2000). Assessment for counselors. New Jersey: Cengage Learning. P 55. Gregoire, J. (2012). Counseling ethics: philosophical and professional foundations. New York: Springer Publishing Company. Hackney, H. (2000). Practice issues for the beginning counselor. New York: Allyn and Bacon. Herlihy, B & Corey, G. (2006). Boundary issues in counseling: multiple roles and responsibilities. New York: American Counseling Association. Parsons, R.D. (2001). The ethics of professional practice. New York: Allyn and Bacon. Remley, T.P & Herlihy, B. (2014). Ethical, legal, and professional issues in counseling. (4th ed.). Boston, M.A: Pearson. Sanders, R.K. (2013). Christian counseling ethics: a handbook of psychologists, therapists and pastors. (2nd ed). Downers Grove, IL: IVP Academic. Welfel, E. (2012). Ethics in counseling & psychotherapy. Boston, M.A: Cengage Learning. Read More