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Fundamental principle of professional ethics
Medical law and ethics chapter 8 professionalism
Legal and ethical issues in confidentiality
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Recommended: Fundamental principle of professional ethics
By using The Case of Sally for this case study, I will work through the ethical decision making model to decide the best course of action. The Case of Sally can be found in Issues and Ethics in the Helping Professions (8th edition), chapter 6 Confidentiality: Ethical and Legal Issues (p. 255). The therapist is having difficulty in determining if she has the ethical and legal responsibility to breach confidentiality. This case involves a 12-year-old girl named Sally, who experienced a brief encounter of sexual fondling by her intoxicated father. The father has no previous history of molesting his daughter. He has agreed to seek substance abuse counseling as a result of his inability to recollect the fondling incident. The family is …show more content…
As the counselor, I am supposed to protect those who have been harmed and those who are currently experiencing harm. While the family insists this sort of thing has never happened, there is no guarantee that it won’t happen again in the future. Not only do I feel it is my moral responsibility to have the child’s best interest, it is also my legal responsibility. If the father were to relapse and molest his daughter while intoxicated again, it would crush me as the counselor knowing that I didn’t do anything to stop the molestation from happening again. It could also have legal and ethical ramifications for me, resulting in the possibility of a malpractice suit and/or have my license to counsel revoked. I would attempt to involve the family in my decision to report the abuse by letting them know it is my legal responsibility to report the incident in the state of Missouri. I would also try to have the family make the report themselves, during our family therapy session. If the family was not willing to make the call to social services themselves, then I would be forced to report the abuse myself. I believe it would be my moral, ethical, and legal obligation to report the sexual abuse of the 12-year-old girl to social …show more content…
“Veracity means truthfulness, which involves the practitioner’s obligation to deal honestly with the clients” (Corey, Corey, and Callanan, 2011). The therapist must make the family aware of her responsibility to protect the minor, as it is her obligation to be honest with the clients. It is unclear if the therapist was truthful with the clients about her obligations to protect minors no matter the circumstance. Based on the trusting relationship already built between the counselor and the family, it seems as though the counselor was practicing with veracity. The family would have most likely not disclosed the sexual abuse of the 12-year-old girl if the therapist had not built a trusting relationship with the family. With that said, the trust will be broken if the therapist reports the sexual abuse to social
...rt of the medical profession, the therapists are expected to maintain the confidentiality of their clients. A psychologist must be able to acquire a client’s trust in order to keep quality confidentiality amongst the two parties. Only on seriously occasions should the patient’s records be shared, under certain other conditions the psychotherapy records of a minor can be reviewed by others without prior written consent. The Health Insurance Portability and Accountability Act (HIPAA), psychologists can usually give way the patient records to parents or legal guardians. Some of the ethical rules that apply to the practice of child and adolescent psychiatry are clear and generally agreed upon For example, rules against sexual contact or harsh or abusive treatment are encoded as boundary violations. A psychotherapist must be able to respect the boundaries of the client.
Confidentiality is a major topic within care environments. When it comes to deciding what information is shared and who it is shared amongst can be difficult. Confidential information, is information that is ‘not to be told to anyone’ (The Open University, 2015, p. 58). Information that is sensitive or not publicly known is confidential, also if information is given by a person who is in a setting where confidentially is expected then that information should remain private and not shared with others. It can be very difficult for a staff member to find the balance between knowing what information is confidential and appropriate information that needs to be shared between the staff team.
The caretakers’ response to a child 's disclosure of sexual abuse is important. Asking about caretakers’ emotional state and support systems can be helpful in optimizing services for the family. Significant concerns for child safety are raised when a caretaker is openly disbelieving of a child 's disclosure and when a caretaker allows further contact between a child and the suspected perpetrator of abuse. (p. 21)
Confidentiality and trust between the client and social worker is an important part of the therapeutic process. Confidentiality is discussed frequently with the client, in trainings, and in supervisions. When a client first begins services there are multiple forms to fill out, many of which explain the agency’s confidentiality policies and provide client’s the opportunity to agree to share information with certain parties (i.e. their PCP, psychiatrist, specialty providers) or not share any information at all. Despite this focus on confidentiality there are some areas where “the rights of others take precedence over a client’s right to confidentiality” (Hepworth, Rooney, Rooney, & Gottfried, 2017, p. 76). In situations where child abuse or neglect is suspected by the social worker, the social worker will breach confidentiality in order to protect the child. In fact, “all 50 states have statutes making it mandatory for professional to report suspected or known child abuse. Moreover,
I am a caseworker for Delaware Division of Family Services and it has come to my attention that Ms. Gray may have made an unethical decision. As a fellow social worker and having known Ms. Gray, it is my ethical duty to investigate these accusations, and take action as stated by the Ethical Standards for Human Service Professionals (National Organization for Human Services, N.D.). Ms. Gray has been working with Mr. Eric Black a 15yr. male client who was staying with the Crofts a foster family with serval young clients. An altercation arose between Eric and another client named Jimmy. Jimmy found some adult magazines, which showed male men undressed and assumes that Eric was gay. After the altercation, the Crofts came to Ms. Gray about removing
In the first four years approximately 118 cases were based on an abuser calling to tell their story about being abused. (Tabachnick, 1997). Prior to this program they were no reports of disclosure of child sexual abuse in Vermont. (Tabachnick,
However, there are some cases that professionals have to rely on the Law. The Law is different from moral principles and Code of Ethics and its focus is on the legal perspective to protect the professional. The Law is defined by Remley and Herlihy (2010) as “general or specific regarding both what is required and what is allowed of individuals who from a governmental entity” (p.4). One major example is the Tarasoff and the Duty to Protect which is a law that was created after the case that happened with a university student, Tatiana Tarasoff and her boyfriend. Tarasoff’s parents sue the psychotherapists alleging that the professionals should have warned the student. Because of this case, the law raised a major concern that the confidentiality that professionals should follow according to the ACA and AMHCA Code of Ethics has to be broken when there is an issue that can affect a third party in the situation. Like the AMHCA refers to confidentiality as “a right granted to all clients of mental health counseling services. From the onset of the counseling relationship, mental health counselors inform clients of these rights inclu...
Strengths of the Ethical Decisions Making Model are Kitchener 's Critical Evaluation Model (1984), which involves understanding how ethical decision-making approaches play an important role in the ethical landscape of counseling. It involved the notions of loyalty, faithfulness, and honoring commitments (Kitchener, 1984). It’s best to form trust within the client/counselor relationship and implement faith in the growth of their therapeutic relationship. Kitchener (1984) proposes four goals to strength the model of increasing ethical sensitivity, improving ethical reasoning, developing ethical responsibility and tolerating ambiguity (Kitchener,
Ethical issues in a counseling practice lay the foundation of a therapist in practice. Ethics are at the center of how the counseling process functions and operates in a successful manner for the clients who seek help in such a setting. In order for the counseling profession to be ethical and hold professional recognition, there are many facets that need to be examined and outlined to make sure all counselors and practitioners are functioning at the highest level and withholding their duties required by the counseling profession. The first introduction so to speak of the area of ethics also happens to be one of the first steps in counseling, which is the informed consent. The informed consent provides the basis of what happens or will be happening in a counseling setting and serves to inform the client to their rights, responsibilities, and what to expect. Most importantly, the informed consent is in place for the client’s benefit. It also is important to understand that culture and environment play a role in the treatment of a client and how theories can positively or negatively impact this treatment. Therapists need to understand how to work within the context of a theory while being able to understand the individual in their own environment. Although theories are put into place to serve as a framework, there are also alternative ways to approach counseling, one example being evidence-based practice. Such an approach is very specific, which presents a series of solutions for counseling as a whole, but also brings forth many problems. Every approach or theory introduces ethical concerns that need to be taken into consideration by the entire counseling community and how each can positively and negatively affect clients and the pr...
In Dent County alone, during the year of 2012, four children were physically abused, six were the objects of neglect, one was emotionally abused, and eleven more children were the victims of sexual abuse according to records kept by the Missouri Department of Social Services (“Child’s Division” 38). In that same year, 92,593 children were reported as being abused in the entire state of Missouri (“Child’s Division” 1). Fortunately, only 6,322 children were found to have been abused out of all of the children reported. However, an additional 7,092 were classified as ‘Unsubstantiated-Preventive Services Indicated.’ This means that not enough evidence existed to move further with prosecution, but still enough to indicate that abuse was imminent. Another 44,070 of the reports warranted an assessment of the child’s family in order to ensure the safety of the child (“Child’s Division” 5).
Although all therapists are aware of the childhood emotional abuse issue, it is possible that only few therapists understand the scope of the issue. Emotional maltreatment is harder to detect than other forms of abuse because it is more subtle. When Child Protective Services (CPS) conduct family assessments, it is the hardest form of abuse to prove because parents are very open about the topic and emotional abuse does not leave any physical evidence behind. However, it certainly influences a child's self-esteem, promotes the feeling of guilt, insecurity, and creates the inability to form stable relationships during adulthood. Although some behavioral disorders are related to emotional abuse, it is not possible to predict it correctly because the patterns can deviate significantly as each child displays different outcomes. Emotional abuse is often considered a suitable form of disciplinary measures, but even excessive practice of verbal abuse can create negative outcomes, so the parents apparently take most of the responsibility because of their inability to raise their child without resorting to violence. Besides parental education, other courses of action will be required because the abuse rates for emotional abuse and other types of child abuse are extremely high, so the issue demands urgent action to prevent further impairment on healthy psychological development in children. However, the entire responsibility should not be on mental health care professionals, but it should be distributed equally through society and all social agents that determine public opinions and acceptable forms of behavior. The best approach to preventing childhood emotional abuse is through influencing several social factors for prevention and increasin...
Ethics in the counselling and psychotherapy protects the client and the therapist involved in the therapeutic relationship and the therapeutic process as a whole; with the concepts that act as a guide for the therapists in provision of good practice and care for the client. The framework is built on values of counselling and psychotherapy; principles of trustworthiness, autonomy, fidelity, justice, beneficence, non-maleficence and self-respect, and provides standards of good practice and care for the practitioner (BACP, 2010). Ethical framework contributes to the development of the therapeutic relationship and process by assisting therapist’s decisions, and guides their behaviour and proceedings within their legal rights and duties. The ethical frame is structured on the boundaries of the therapeutic relationship and the therapists should be aware of their categories and be responsible for their forms. Monitoring and being aware of what goes on in and out of the room physically, emotionally and psychologically is primarily the duty of the therapist.
When a child is incestuously sexually abused, all trust they have for the perpetrator is most times gone. Being abused by someone close to you can cause one to have trust issues. Not only for the one doing the act, but also maybe a parent. This could happen definitely if a non-abusing parent is in the home where the abuse takes place. A parent’s number one job is to protect their children. A child might view the situation
This article starts off telling the story of twin sister who were sexually abused my older brothers and eventually their father. Its discusses how sibling abuse is the least recognized form of incest. This type of abuse is also not well documented. It is believed that sibling abuse is five times more likely to happen then parent child abuse. The article states that incest between siblings is known to be unreported. It also states that this kind of abuse has long lasting traumatic effects on victims. The article labels sibling abuse as a serious and secret problem. The article points out the very dynamics that contribute to this best kept secret. Things like victims not seeing themselves as victimized, families as well as professional’s failure to recognize the abuse. The abuse is often camouflaged by play and tangled in the complex dynamics of abusive sibling relationships. It goes unnoticed especially in stressed, chaotic
In any situation where sensitive information is accessed or shared, confidentiality is valued and demanded. It helps to maintain privacy, security and trust in professional relationships. Confidentially is very important in the field of social work that places great importance on ethical values. Social workers and organizations where social work transactions take place, have ethical responsibilities to their clients. In an interview with Madeline Pepin, a social worker from Little Flower, has spoken about a social worker responsibility to their clients. However, the most important responsibility that a social worker has to their clients are privacy and confidentiality.