Sunday, December 6, 2015

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.
 
 
 
 
                                                                  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