Mandated Reporting Issues

According to the AMHCA Code of Ethics, 2010, Section III.9, Commitment to Students, Supervisees and Employee Relationships, "the primary obligation of supervisors is to monitor services provided by supervisees to ensure client welfare." (p. 16) According to the AMHCA Code of Ethics, 2010, Section I.A.1.a, “the primary responsibility of mental health counselors is to respect client dignity and promote client welfare.” (p.2) Both codes of ethics have parallel stances when it comes to acting ethically in the benefit of the client’s interest. Supervisory roles are crucial in the development of counselors and ensuring the welfare of clients.

Clearly, confidentiality is essential to the healing process. However, though it may appear to be a relatively easy concept, its application in the therapeutic atmosphere has proven to be quite complex (Younggren & Harris, p. 589). One issue that causes confusion for many professionals pertains to the differences between confidentiality and legal privilege. Quite often, ethical obligations overlap with the legal requirements. Frequently, the practitioner is not well informed about these particular limits on confidentiality and this lack of knowledge can place both the client and the helping professional at risk (Younggren & Harris, p.590, 598).

In the relationship between counsellor and client the need for confidentiality is vital as it is not only the bases that the relationship is built on and it is a legal obligation.

abuse or suspected abuse of vulnerable individuals is mandated to be reported in most states

Before a counselling session starts it is important that the client understands confidentiality. To be able to understand this the counsellor must explain to the client that anything they say within the

However, it is not always that simple and there may be some instances when it is not possible to maintain total confidentiality and the counsellor my have to pass on certain information that was revealed. For example, if a crime has been committed or if there is a risk of harm to another person. In this case the counsellor must be clear with the client what information they may have to pass on and to whom.

Professional counselors and their staff are exposed to sensitive client information and records. The helpful receptionist and whose privilege videos, show how to apply both the American Counseling Association Code of Ethics (ACA Code of Ethics) and state board counseling laws to common ethical scenarios. The content explores aspects designed to call attention to favorable and unfavorable skills and techniques in handling such matters. These two videos demonstrate the limitations of confidentiality and privileged information. As a professional counselor one is expected to uphold the principles of confidentiality and privilege according to the ACA Code of Ethics and state laws. One may conclude that the helpful receptionist video shows clear violations of confidentiality. While the whose privilege video indicates the significance of insuring that counselors comprehend state laws and ethics codes pertaining to confidentiality and privilege. Furthermore, counseling professionals are held accountable for violating ethics codes and state laws as well as training staff on informed consent.

I selected the article “Duty to Warn and Protect: Not in Texas” for review, as it applies to the state in which I reside. The article cites Texas Health and Safety Codes, based on a 1999 Texas Supreme Court ruling that states counselors do not have a duty to warn or protect. Having a duty to warn and protect is defined as protecting clients or others from perceived harm (Jackson-Cherry & Erford, 2014). An example would be that a client tells their counselor in a confidential session that he is considering stabbing his ex-girlfriend. The duty to warn would mean the counselor should notify authorities and the ex-girlfriend thus breaking confidentiality. The duty to protect would be to admit client to a facility for the client to be assessed for a propensity for violence towards the ex-girlfriend. This became important after a 1969 incident where a counselor, had a client expressed harm towards a girl and the counselor contacted the authorities, yet never contacted the girl, who was subsequently killed by the client a few months later, known as the Tarasoff v. Regents of the University of California case (Jackson-Cherry & Erford, 2014).

The ethical dilemma I wish to explore is The Duty to Warn. This refers to the duty of a counselor, therapist to breach one of the most important bonds between a client and a therapist; the law of confidentiality. The therapist has the right to break confidentiality without the fear of being brought up for legal action. If the therapist believes that the client poses a danger, or is a threat to himself, someone else, or society as a whole, the therapist must decide how serious of a threat the client may be, then if he decides it’s a serious issue, he must notify the person in danger, which would e the third party, or the police, or other people who may be in the

There are numerous ethical issues a counselor must confront during their work; dual relationships and confidentiality being two of them and are going to be discussed here. Both are important to both the client and the profession, as they set the expectations for how counselors are to act professionally (Miller, 2015). Ethical principles “direct the moral and value-based decisions that affect the counseling process” (p. 557). Without them, the profession lacks these moral and value-based directives and the ship that is “addiction counseling” has no rudder. It is directionless and adrift.

The state of North Carolin, which I reside in at the present does not require the "duty to warn", for the clinician/client professional relationship. “It is noted that the clinician, may do so in the best interest of the client having permission to warn. Also, the clinician shall provide the ‘best medical practice’ standards when involved in a therapist/ client professional relationship ethically or legally in light of a dilemma “(Cape Fear Psychological, 2014). The clinician must take precautions from an ethical and legal standpoint but, with regards for the safety of the client and/or any individual affected in serious harm or danger.

The duty to warn is imposed by the clinician by what they know or should know about the client that they assumed responsibility for. This awareness, or lack thereof, can be found in the notes they take, by the patience history or even by the patience own admittance. Once the clinician is aware that the client is a potential harm to himself or others he must move in good faith to try to defuse the situation. It could mean notifying police, hospitalization for the client, continued counseling or medication and finally notifying those in potential danger. (Estates of Morgan v. Fairfield, Family Counseling Center, 77 Ohio St. 3d 284, 1997.) These steps can save the counselor from potential lawsuits and more importantly lives if done in a timely manner.

Dear client this paper is to inform you, of your right to confidentiality, and further more explain the process of informed consent. In the world of Psychology and counseling, confidentiality and informed consent has been the cornerstone to our practices (University of Phoenix, 1994). This paper will help you to understand how the things you say during the counseling sessions may have legal implications against you; by first explaining the decision of Tarasoff v. the board of Regents of the University of California, followed by how it relates to the therapist-client relationship

Although confidentiality is vital to building a trusting relationship with George, there may be measures that require George’s information, protecting as much as possible, to be released. For an example, when confidentiality would cause serious harm to the George or others, when agency guidelines state otherwise, or under other stated conditions (e.g., local, state, or federal laws). George would be informed at the beginning of the counseling relationship of those areas that limit professional confidentiality (Corey, 2011).

When counselors meet with clients each and everyone of them are granted confidentiality as part of their therapeutic process. Confidentiality is a trust between the counselor and client, any and all private information shared during a session is protected, therefore anything the client shares the counselor cannot share this information with anyone (Lasky & Riva, 2006). Unless a rapport is established in the first couple sessions between the client and counselor the client will remain reluctant to open up sharing personal information. Although, there are limitations to confidentiality in certain circumstances when the counselor suspects or is informed by the client their intent to potentially harming themselves or others. The American Counseling