In the confidentiality privilege (everstine et al, 1980, p836) undoubtedly, breaking confidentiality in any case can interfere with the trust between client and professional and make it difficult to help the client. (6) a postsecondary educational institution counseling center under the direction of a licensed psychologist, physician, or mental health professional (7) a registered nurse or licensed practical nurse licensed under ic 25-23. Many counselors in non-school settings will work with children at some time during their practice therefore, it is essential that they understand the legal and ethical issues relevant to working with minors. This article examined the attitudes of 195 school coun-selors in israel regarding (a) the decision to maintain or breach confidentiality in a variety of ethical dilem.
Confidentiality of minors are reviewed, arguments central to confidentiality issues are presented, and alternatives available to school counselors when parents demand to know what a child has revealed in a counseling session are. Oac 5122-29-03 behavioral health counseling and therapy service (4) it is the responsibility of the agency to assure contractually that any entity or individuals involved in the transmission of the information guarantee that the confidentiality of the information is protected. Client confidentiality is the requirement that therapists, psychiatrists, psychologists, and most other mental health professionals protect their client's privacy by not revealing the contents.
The law is a blunt instrument, as the issue of minors and confidentiality well illustrates minors generally cannot consent to treatment a parent or guardian consents on the minor's behalf there are exceptions. Vistas online is an innovative publication produced for the american counseling association by dr garry r walz and dr jeanne c bleuer of counseling outfitters, llc its purpose is to provide a means. Confidentiality is a crucial part of counseling clients have to believe that they can tell me practically anything and it won't be repeated to anyone, including their parents. Confidentiality issues involving minors can be particularly challenging ethics guidelines, laws, regulations, agency policies, and clinical judgment sometimes conflict, thus creating a daunting ethical dilemma.
When counselors believe that a student's behavior may lead to harm to self or others, they may attempt to warn someone else by breaching confidentiality or may be required by state or local law to breach confidentiality. Abstract this article discusses the ethical and legal dilemmas facing counselors who work with minors in the school system from an ethical perspective, minors should be able to expect confidentiality however, parents and guardians have certain legal rights that limit the rights of minors. When does a therapist have to break confidentiality information on state laws while an association's ethical code dictates expectations, state law varies on whether or not it's mandatory or permissive for counselors to break the rules of confidentiality in therapy. According to the ethical standards for school counselors and the code of ethics and standards for counseling (2010), both specify that counselors are ethically required to take appropriate action and breach confidentiality in certain circumstances involving minors.
Describes the results of research that explored how mental health counselors consider the confidentiality of minors and conditions under which they would breach it. Some general issues are to whom counselors owe the ethical obligation of confidentiality, parental consent and legal rights, informed consent, and competency level of the minor. Member login asca - 1101 king street, suite 310, alexandria va 22314, (703) 683-asca, [email protected]
Since state laws differ about minors' rights to independently consent to mental health treatment, and since hipaa has further complicated minors' legal rights about confidentiality, obtaining legal consultation may be necessary (apa legal and regulatory affairs staff, 2005. As such, it follows that breaching confidentiality can result in harm to the counseling relationship and subsequently the client confidentiality is addressed in section b of the ethical standards of the american counseling association section b1a speaks to respect for client privacy. Confidentiality guidelines confidentiality is one of the main ethical considerations for school counselors how do we maintain students' trust, but still do what we can to keep students safe and parents informed.