Legal and Ethical

Considerations for Counselors

THOMPSON & HENDERSON (2011):

CHAPTER 4
 Definitions - Ethics

 Ethics is a branch of philosophy that focuses on

morals and morality in their relationship to
making decisions
 The customs, mores, standards, and accepted
practices of a profession
 Ethical codes educate professionals about
practice conduct, provide a means of
accountability and create ways to improve

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 Definitions - Professional Issues

 Technical, procedural, or cultural standards that

members of the profession are expected to
accept as part of their practice

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 Definitions - Legal Issues

 Related to federal, state, and municipal

standards of practice as regulated by law
 Laws are minimum standard that society will
accept
 “Standard of care” target guides decisions about
whether a course of action would meet that
criteria

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 Virtue Ethics

Meara, Schmidt, and Day (1996)

 everything one needs to know can not be in the
code
 focus on “character” ethics
 Relate to exceeding the obligations and striving
for the ideals of the profession

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 Virtues

 Integrity: Acting consistently on personal values

 Prudence: Acting with discernment and restraint
 Trustworthiness: Acting and following through on
commitments
 Compassion: Deep concern and respect for the
individual (Welfel, 2006)

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 Six Aspects of
Ethical Reasoning

Remley and Herlihy (2005)

 autonomy (respecting freedom of choice)
 nonmaleficence (do no harm)
 beneficence (responsibility to do good)
 justice (being fair)
 fidelity (being faithful)
 veracity (being honest)

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 Decision-Making Models

 Develop ethical sensitivity

 Identify and define the problem.
 Think about your own emotional reactions.
 Apply fundamental principles and theories. Define
the central issues and possible options.
 Refer to professional standards, laws and current
literature.

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 Decision-Making Models

 Consult with colleagues or experts.

 Involve the client in the decision-making.
 Identify desired outcomes.
 Consider different courses of action.
 Choose and act.
 Reflect on the actions taken.

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 Important Guidelines

 Always act in the best interest of the client.

 Always act in good faith and without malice
 Be aware of your personal values, attitudes, and
beliefs.
 Refer clients to another counselor if personal
characteristics interfere with your effectiveness as a
helper.

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 Counseling Minors

Involves balancing three social systems:

1. The state
2. The parent or family
3. The minor child

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 Competence

 Counselors need knowledge, skills and diligence

in their specialty areas of practice

 To counsel children must participate in

specialized education, training, and supervised
practice

 Continuing education necessary

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 Informed Consent

 Formal permission given by a client for

beginning counseling is known as informed
consent
 People who cannot understand the contents in
a consent form or who are unable to make a
rational decision also cannot give consent
 Consent must be given voluntarily
 Usually parent or guardian must provide
permission
 Written statements such as a disclosure letter
or brochure are suggested
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 Confidentiality

 Privacy ensures that people may choose what

others know about them
 Confidentiality refers to professional
responsibility to respect and limit access to
clients’ personal information
 Privilege communication exists by statue and
applies only to those testifying in court of law

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 Privacy and Children

 Younger children have little understanding or need

for privacy
 Preadolescents and adolescents may have a
heightened need
 Some children may want their parents to know
what is going on in counseling
 Children will sometimes disclose something
hoping the adult will intervene.
 Children’s reasoning capacity may limit the
decision making ability.

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Learning
 Confidentiality

 Explain during first and subsequent interviews about

confidentiality and its limits
 Should be done orally and in writing
 Limits include
 Professional in court-ordered role
 court mandated release of files
 malpractice lawsuit
 mental state used as defense in court
 hospitalization is necessary
 client is danger to self or others
 client is minor and victim of a crime

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 Confidentiality of Files

Buckley Amendment (FERPA) grants parents and

students of legal age access to their records and
limits others’ access. Exclusions are
 personal logs
 treatment records
 directory information

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 Summary

 practice within your boundaries

 know state laws
 always explain confidentiality
 maintain accurate/objective records
 purchase liability insurance
 confer with colleagues

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