Law and Ethics

When counseling an adolescent or child it is important to look carefully into the ethics of not only the clinical practice, but to be aware of the law as well. For the consent to treat (3.01) parent or legal guardian must give informed consent. The limitations of confidentiality are often questioned in counseling. The code 4.02 states that a psychologist must discuss the limits of confidentiality with whom they establish as professional relationship with. One of the exceptions that occur within the law are within certain states, they allow minors who are deemed mature, for example those who are married or in the armed forces, to give their own consent for treatment.  Minors in certain states are sometimes even able to consent to treat, for sexually transmitted diseases or substance abuse.  A parent who consents on the child’s behalf has the right to know what progress is being made during a counseling session. In terms of competence many legal and ethical debates are analyzed. Giving minors rights and self-determination when they are less capable of understanding, would not be in the best interest of the child or adolescent. On the other hand treating the minors as if they are incompetent, would not promote growth and progress in counseling. This goes along with code 2.01 boundaries of competence because being a professional the services a psychologists, should provide needs based on a child’s education, training, and experience as well as their own areas of competence, as the counselor. The decision making for a child or adolescent brings up many ethical and legal considerations as well. The principle of nonmaleificence is evident when we want to do no harm to the children, and beneficence is shown when a counselor promotes psychological growth (Ledyard, 1998). Justice is also affirmed when a child or adolescent has a say in the treatment process, and is able to choose the least intrusive option. A counselor must also cooperate with other professional’s to serve the client effectively and appropriately (3.09). Lastly a counselor for a child or adolescent must be aware and informed of the state laws, the standards of the local community, as well as school board policies when in a school setting. Being knowledgeable, not only about the ethical standards of APA guidelines, but of the other legal obligations as well, is crucial for being a successful child and adolescent counselor.

 

 

https://www.youtube.com/watch?v=m802vKAbCMY

 

 

                                                                  References

 

Ledyard, P. (1998). Counseling Minors: Ethical and Legal Issues. Counseling and Values, 42(3), 0160-7960. doi:Academic Search Elite

Waldo, S. L., & Malley, P. (1992). Tarasoff and its progeny: Implications for the school counselor. School Counselor, 40(1), 46-54



Therapeutic Relationship

 

  A child centered therapeutic relationship should involve an atmosphere, where the child feels safe and open to expressing themselves. A counselor should structure a warm and accepting environment for the child, and in doing so, not trying to change the child in any way (Smith, 2014). The child should feel comfortable to express his or her emotions, and acknowledging the child’s feelings so that they can gather information on their behavior. As a counselor it is also important to let the child solve his or her own difficulties, and make sure they assume responsibility for their own behaviors and choices. In child therapy it is crucial to follow the child’s lead in the therapeutic process as well (Smith, 2014). The general principle of respect for people’s rights and dignity comes into play, when fostering a therapeutic relationship. As mentioned earlier a child must be respected by the clinician, and the respect for self-determination as well, which goes along with letting the child solve his or her own difficulties and lead the therapeutic process. Certainly when working with children a clinician must be responsible. The principle of fidelity and responsibility expresses that psychologists should establish a relationship of trust with whom they work with. A clinician must uphold professional standards and resolve any ethical issues that may arise in therapy. Play therapy is commonly used for treatment of children and this type of therapy can give a better insight into a child’s family origin, and also increase a child’s social interest. The use of play therapy goes along with making sure the use of assessments are accurate. The ethical code 9.02 explains how the assessment methods must be appropriate to an individual’s age and competence. Many factors need to be addressed before the counseling of a child. A clinician must create an environment where a child feels safe and respected. Letting the child express his or her emotions, and having them solve their own difficulties by leading the therapeutic process, is crucial for a professional counseling session.

 

References

Smith, E. (2014, October 29). Theories of Counseling and Psychotherapy. Retrieved November 28, 2015, from https://books.google.com/books?id=4T8sBQAAQBAJ&pg=PA364&lpg=PA364&dq=structuring the therapeutic relationship for counseling children and ethical standards&source=bl&ots=EhNEu_MxqG&sig=NbY7fPYev10BXp_yebzsnwzVjVA&hl=en&sa=X&ved=0ahUKEwiOtcelz7PJAhWEoD4KHU

 

de Haan, A. M., Boon, A. E., de Jong, J. M., Geluk, C. L., & Vermeiren, R. M. (2014). Therapeutic relationship and dropout in youth mental health care with ethnic minority children and adolescents. Clinical Psychologist, 18(1), 1-9. doi:10.1111/cp.12030



 

Privacy and Confidentiality

                                                                              

Many clinicians find challenges when working with adolescents, and confidentiality becomes one of the most crucial, and most difficult parts of the counseling process. The counselors may feel constraints when confidentiality arises for adolescents, such as dealing with under age sexual activity, parental consent for counseling, and assumed duties to report child abuse (Jenkins, 2010). The ethical code for privacy and confidentiality (5.01) mentions that the psychologists must discuss the limitations on confidentiality that are relevant (Behnke, 2002).  Another aspect of counseling and ethics is protecting the patient or others from harm, and to provide the professional service that is required for the adolescent (3.04). A counselor has an ethical responsibility to not promise a minor that they can withhold information from a parent who has legal custody. Although a parent who has legal right to do so may feel it is up to the counselor’s option to exercise this right or not. A counselor has to keep open communication with the adolescent patient and discuss from the beginning the clinical and ethical duties, which will help build a better trust among the clinician and patient. A counselor is sought out to foster an adolescent’s autonomy (Behnke, 2002). When working with adolescents that are growing and becoming more independent, it is important to be able to take into account their privacy, but not forgetting the ethical obligations as well.

 

 

 

 References

 

 Behnke, S. (2002, March 1). Confidentiality in the treatment of adolescents. Retrieved November 10, 2015, from http://www.apa.org/monitor/mar02/confidentiality.aspx

Jenkins, P. (2010). Having confidence in therapeutic work with young people: Constraints and challenges to confidentiality. British Journal Of Guidance & Counselling, 38(3), 263-274. doi:10.1080/03069885.2010.483128

Abstract

Abstract

The counseling of children and adolescents can bring up many questions and concerns, especially when dealing with ethical codes and principles. By examining areas of confidentiality and privacy, as well as structuring the therapeutic relationship within the clinical practice, many people can have a better understanding of how crucial ethics is, when counseling children and adolescents. As a counselor there are ethical obligations that must be followed and the APA ethical guidelines serve to assist those who have any questions when regarding a certain situation. A child that is receiving clinical counseling can also be different than an adolescent receiving counseling. A child’s parent is more involved in the childhood years in terms of consent, whereas in adolescents clinical practice can become more confidential and more difficult, especially when these adolescents deal with more struggles and are approaching adulthood. The law and clinical practice is also something to take into account when counseling children and adolescents. Having a better understanding of confidentiality, the structuring of the therapeutic relationship, and lastly the differences of ethics in clinical practice and law, can help future clinicians counsel children and adolescents in the future.