Ethical and legal issues.ppt

Ethical, Legal and Ethical, Legal and Professional Issues in Professional Issues in

School CounselingSchool Counseling

Related ConstructsRelated Constructs

Personal Moral CodePersonal Moral Code Professional EthicsProfessional Ethics Professional PracticeProfessional Practice Legal Responsibilities and Illegal BehaviorLegal Responsibilities and Illegal Behavior

Related ConstructsRelated Constructs

UNPROFESS

IMMORAL

ILLEGAL

UNETHICAL

Ethics Codes and ResourcesEthics Codes and Resources

Products of Professional AssociationsProducts of Professional Associations ““Political” DocumentsPolitical” Documents Continuously AmendedContinuously Amended ASCA Ethical Standards

ASCA Ethical CodeASCA Ethical Code

RightsRights Each person has the right to respect and Each person has the right to respect and

dignity as a human being and to counseling dignity as a human being and to counseling services without prejudice as to person, services without prejudice as to person, character, belief, or practice regardless of character, belief, or practice regardless of age, color, disability, ethnic group, gender, age, color, disability, ethnic group, gender, race, religion, sexual orientation, marital race, religion, sexual orientation, marital status, or socioeconomic status. status, or socioeconomic status.

Each person has the right to self-direction Each person has the right to self-direction and self-development. and self-development.


RightsRights Each person has the right of choice and the Each person has the right of choice and the

responsibility for goals reached. responsibility for goals reached. Each person has the right to privacy and Each person has the right to privacy and

thereby the right to expect the counselor-thereby the right to expect the counselor-counselee relationship to comply with all laws, counselee relationship to comply with all laws, policies, and ethical standards pertaining to policies, and ethical standards pertaining to confidentiality.confidentiality.


Responsibilities to Students. The Responsibilities to Students. The professional school counselor:professional school counselor: Has a primary obligation to the counselee Has a primary obligation to the counselee

who is to be treated with respect as a unique who is to be treated with respect as a unique individual.individual.

Is concerned with the educational, career, Is concerned with the educational, career, emotional, and behavioral needs and emotional, and behavioral needs and encourages the maximum development of encourages the maximum development of each counselee.each counselee.


Responsibilities to Students. The professional Responsibilities to Students. The professional school counselor:school counselor: Refrains from consciously encouraging the Refrains from consciously encouraging the

counselee's acceptance of values, lifestyles, plans, counselee's acceptance of values, lifestyles, plans, decisions, and beliefs that represent the counselor's decisions, and beliefs that represent the counselor's personal orientation.personal orientation.

Is responsible for keeping informed of laws, Is responsible for keeping informed of laws, regulations, and policies relating to counselees and regulations, and policies relating to counselees and strives to ensure that the right of counselees are strives to ensure that the right of counselees are adequately provided for and protected.adequately provided for and protected.


Confidentiality. The professional school Confidentiality. The professional school counselor:counselor: Informs the counselee of the purposes, goals, Informs the counselee of the purposes, goals,

techniques, and rules of procedure under which techniques, and rules of procedure under which she/he may receive counseling at or before the time she/he may receive counseling at or before the time when the counseling relationship is entered.when the counseling relationship is entered.

Keeps information confidential unless disclosure is Keeps information confidential unless disclosure is required to prevent clear and imminent danger to the required to prevent clear and imminent danger to the counselee or others or when legal requirements counselee or others or when legal requirements demand that confidential information be revealed.demand that confidential information be revealed.


Confidentiality. The professional school Confidentiality. The professional school counselor:counselor: Discloses information to an identified third party who, Discloses information to an identified third party who,

by her or his relationship with the counselee, is at a by her or his relationship with the counselee, is at a high risk of contracting a disease that is commonly high risk of contracting a disease that is commonly known to be communicable and fatalknown to be communicable and fatal

Requests of the court that disclosure not be required Requests of the court that disclosure not be required when the release of confidential information without a when the release of confidential information without a counselee's permission may lead to potential harm to counselee's permission may lead to potential harm to the counseleethe counselee


Confidentiality. The professional school Confidentiality. The professional school counselor:counselor: Protects the confidentiality of counselee's records and Protects the confidentiality of counselee's records and

releases personal data only according to prescribed releases personal data only according to prescribed laws and school policies.laws and school policies.

Protects the confidentiality of information received in Protects the confidentiality of information received in the counseling relationship as specified by federal the counseling relationship as specified by federal and state laws, written policies, and applicable ethical and state laws, written policies, and applicable ethical standards. Such information is only to be revealed to standards. Such information is only to be revealed to others with the informed consent of the counselee, others with the informed consent of the counselee, consistent with the counselor's ethical obligation.consistent with the counselor's ethical obligation.


Dual Relationships. The professional Dual Relationships. The professional school counselor:school counselor: Avoids dual relationships which might impair Avoids dual relationships which might impair

her or his objectivity and increase the risk of her or his objectivity and increase the risk of harm to the client (e.g., counseling one's harm to the client (e.g., counseling one's family members, close friends, or associates).family members, close friends, or associates).


Appropriate Referrals. The professional Appropriate Referrals. The professional school counselor:school counselor: Makes referrals when necessary or Makes referrals when necessary or

appropriate to outside resources. Appropriate appropriate to outside resources. Appropriate referral necessitates knowledge of available referral necessitates knowledge of available resources and making proper plans for resources and making proper plans for transitions with minimal interruption of transitions with minimal interruption of services. services.


Danger to Self or Others The professional Danger to Self or Others The professional school counselor:school counselor: Informs appropriate authorities when the Informs appropriate authorities when the

counselee's condition indicates a clear and counselee's condition indicates a clear and imminent danger to the counselee or others. imminent danger to the counselee or others. This is to be done after careful deliberation This is to be done after careful deliberation and, where possible, after consultation with and, where possible, after consultation with other counseling professionals. The counselor other counseling professionals. The counselor informs the counselee of actions to be taken informs the counselee of actions to be taken so as to minimize his or her confusion and to so as to minimize his or her confusion and to clarify counselee and counselor expectations.clarify counselee and counselor expectations.


Peer Helper Programs The professional Peer Helper Programs The professional school counselor:school counselor: Has unique responsibilities when working with Has unique responsibilities when working with

peer helper programs. The school counselor peer helper programs. The school counselor is responsible for the welfare of counselees is responsible for the welfare of counselees participating in peer programs under her or participating in peer programs under her or his direction. his direction.


Parent Rights and Responsibilities The Parent Rights and Responsibilities The professional school counselor:professional school counselor: Respects the inherent rights and responsibilities of Respects the inherent rights and responsibilities of

parents for their children and endeavors to establish, parents for their children and endeavors to establish, as appropriate, a collaborative relationship with as appropriate, a collaborative relationship with parents to facilitate the counselee's maximum parents to facilitate the counselee's maximum developmentdevelopment

Is sensitive to cultural and social diversity among Is sensitive to cultural and social diversity among families and recognizes that all parents, custodial and families and recognizes that all parents, custodial and noncustodial, are vested with certain rights and noncustodial, are vested with certain rights and responsibilities for the welfare of their children by responsibilities for the welfare of their children by virtue of their role and according to law.virtue of their role and according to law.


Parents and Confidentiality. The professional Parents and Confidentiality. The professional school counselor:school counselor: Informs parents of the counselor's role with emphasis Informs parents of the counselor's role with emphasis

on the confidential nature of the counseling on the confidential nature of the counseling relationship between the counselor and counselee.relationship between the counselor and counselee.

Provides parents with accurate, comprehensive, and Provides parents with accurate, comprehensive, and relevant information in an objective and caring relevant information in an objective and caring manner, as is appropriate and consistent with ethical manner, as is appropriate and consistent with ethical responsibilities to the counselee.responsibilities to the counselee.

Makes reasonable efforts to honor the wishes of Makes reasonable efforts to honor the wishes of parents and guardians concerning information that parents and guardians concerning information that he/she may share regarding the counselee.he/she may share regarding the counselee.


Responsibilities to the School The Responsibilities to the School The professional school counselor:professional school counselor: Supports and protects the educational Supports and protects the educational

program against any infringement not in the program against any infringement not in the best interest of counselees.best interest of counselees.

Informs appropriate officials of conditions that Informs appropriate officials of conditions that may be potentially disruptive or damaging to may be potentially disruptive or damaging to the school's mission, personnel, and property the school's mission, personnel, and property while honoring the confidentiality between the while honoring the confidentiality between the counselee and counselor.counselee and counselor.


Responsibilities to the School The professional Responsibilities to the School The professional school counselor:school counselor: Delineates and promotes the counselor's role and Delineates and promotes the counselor's role and

function in meeting the needs of those served. The function in meeting the needs of those served. The counselor will notify appropriate officials of conditions counselor will notify appropriate officials of conditions which may limit or curtail her or his effectiveness in which may limit or curtail her or his effectiveness in providing programs and services. providing programs and services.

Accepts employment only for positions for which Accepts employment only for positions for which he/she is qualified by education, training, supervised he/she is qualified by education, training, supervised experience, state and national professional experience, state and national professional credentials, and appropriate professional experience. credentials, and appropriate professional experience.


Responsibilities to the School The Responsibilities to the School The professional school counselor:professional school counselor: Assists in developing:Assists in developing:

• (1) curricular and environmental conditions (1) curricular and environmental conditions appropriate for the school and communityappropriate for the school and community

• (2) educational procedures and programs to meet (2) educational procedures and programs to meet the counselee's developmental needsthe counselee's developmental needs

• (3) a systematic evaluation process for (3) a systematic evaluation process for comprehensive school counseling programs, comprehensive school counseling programs, services, and personnel.services, and personnel.


Responsibility to the Community. The Responsibility to the Community. The professional school counselor:professional school counselor: collaborates with agencies, organizations, and collaborates with agencies, organizations, and

individuals in the school and community in the individuals in the school and community in the best interest of counselees and without regard best interest of counselees and without regard to personal reward or remuneration. to personal reward or remuneration.


Professional Competence. The professional Professional Competence. The professional school counselor:school counselor: Functions within the boundaries of individual Functions within the boundaries of individual

professional competence and accepts responsibility professional competence and accepts responsibility for the consequences of his or her actions.for the consequences of his or her actions.

Monitors personal functioning and effectiveness and Monitors personal functioning and effectiveness and does not participate in any activity which may lead to does not participate in any activity which may lead to inadequate professional services or harm to a client.inadequate professional services or harm to a client.

Strives through personal initiative to maintain Strives through personal initiative to maintain professional competence and to keep abreast of professional competence and to keep abreast of professional information.professional information.


Multicultural Skills. The professional Multicultural Skills. The professional school counselor:school counselor: understands the diverse cultural backgrounds understands the diverse cultural backgrounds

of the counselees with whom he/she works. of the counselees with whom he/she works. This includes, but is not limited to, learning This includes, but is not limited to, learning how the school counselor's own how the school counselor's own cultural/ethnic/racial identity impacts her or his cultural/ethnic/racial identity impacts her or his values and beliefs about the counseling values and beliefs about the counseling process.process.


Professionalism. The professional school Professionalism. The professional school counselor:counselor: Accepts the policies and processes for Accepts the policies and processes for

handling ethical violation as a result of handling ethical violation as a result of maintaining membership in the American maintaining membership in the American School Counselor Association.School Counselor Association.

Conducts herself/himself in such a manner as Conducts herself/himself in such a manner as to advance individual ethical practice and the to advance individual ethical practice and the profession.profession.


Maintenance of StandardsMaintenance of Standards Ethical behavior among professional school Ethical behavior among professional school

counselors, Association members and nonmembers, counselors, Association members and nonmembers, is expected at all times.is expected at all times.

When there exists serious doubt as to the ethical When there exists serious doubt as to the ethical behavior of colleagues, or if counselors are forced to behavior of colleagues, or if counselors are forced to work in situations or abide by policies which do not work in situations or abide by policies which do not reflect the standards as outlined in these Ethical reflect the standards as outlined in these Ethical Standards for School Counselors, the counselor is Standards for School Counselors, the counselor is obligated to take appropriate action to rectify the obligated to take appropriate action to rectify the condition.condition.


Maintenance of StandardsMaintenance of Standards 1. The counselor should consult confidentially 1. The counselor should consult confidentially

with a professional colleague to discuss the with a professional colleague to discuss the nature of a complaint to see if she/he views nature of a complaint to see if she/he views the situation as an ethical violationthe situation as an ethical violation

2. When feasible, the counselor should 2. When feasible, the counselor should directly approach the colleague whose directly approach the colleague whose behavior is in question to discuss the behavior is in question to discuss the complaint and seek resolution.complaint and seek resolution.


Maintenance of StandardsMaintenance of Standards 3. If resolution is not forthcoming at the personal 3. If resolution is not forthcoming at the personal

level, the counselor shall utilize the channels level, the counselor shall utilize the channels established within the school, school district, the state established within the school, school district, the state SCA, and ASCA Ethics Committee.SCA, and ASCA Ethics Committee.

4. If the matter still remains unresolved, referral for 4. If the matter still remains unresolved, referral for review and appropriate action should be made to the review and appropriate action should be made to the Ethics Committees in the following sequence:Ethics Committees in the following sequence:

• state school counselor associationstate school counselor association• American School Counselor AssociationAmerican School Counselor Association

Common Legal IssuesCommon Legal Issues

Duty to WarnDuty to Warn Mandated ReportingMandated Reporting Subpoenaed to TestifySubpoenaed to Testify ADA ComplianceADA Compliance Parent Requests for InformationParent Requests for Information

Mandated ReportingMandated Reporting

Must report suspected child Must report suspected child abuse or neglect of minorabuse or neglect of minorPhysical InjuryPhysical InjuryMental or Emotional InjuryMental or Emotional InjurySexual Molestation or Sexual Molestation or

ExploitationExploitation

Mandated ReportingMandated Reporting

LiabilityLiability A mandated reported “shall not be A mandated reported “shall not be

liable for any civil or criminal action” liable for any civil or criminal action” for filing a report provided thatfor filing a report provided that• Report is made in good faithReport is made in good faith• Person filing the report did not Person filing the report did not participate in the abuse or neglectparticipate in the abuse or neglect

Duty to WarnDuty to Warn

Obligation to take action if client is a Obligation to take action if client is a danger to self of others.danger to self of others. SuicideSuicide AssaultAssault

Tarasoff CaseTarasoff Case need to break confidentiality to prevent harm need to break confidentiality to prevent harm

to othersto others Needs to see that intended victim is Needs to see that intended victim is

warnedwarned

Privileged Communication, Privileged Communication, Records and the CourtsRecords and the Courts

In most states the school counselor-In most states the school counselor-student relationship is not recognized as student relationship is not recognized as privilegedprivileged

Court order can compel a counselor to Court order can compel a counselor to release information without client consent release information without client consent or face contempt of courtor face contempt of court

Parents Rights and School Parents Rights and School InformationInformation

Family Rights and Privileges Act of 1974 Family Rights and Privileges Act of 1974 (Buckley Amendment) (Buckley Amendment) Parents have right to inspect all school recordsParents have right to inspect all school records Parental consent required for testing or interventionsParental consent required for testing or interventions Personal logs and treatment records are not school Personal logs and treatment records are not school

recordsrecords

Parents must authorize release of information for Parents must authorize release of information for minor childrenminor children

Counselors cannot keep information about minor Counselors cannot keep information about minor children confidential from parentschildren confidential from parents

Ethical ScenarioEthical Scenario

You are in your first year as a school You are in your first year as a school counselor in a High School. You notice counselor in a High School. You notice that your immediate supervisor, the that your immediate supervisor, the Guidance Department Head has a habit of Guidance Department Head has a habit of sharing personal information about sharing personal information about students and their parents with groups of students and their parents with groups of teachers in the lunch room. He does this teachers in the lunch room. He does this in a light, often joking way.in a light, often joking way.

Ethical Scenario Using the ASCA Ethical Scenario Using the ASCA ProcessProcess

1. The counselor should consult confidentially with a 1. The counselor should consult confidentially with a professional colleague to discuss the nature of a complaint to professional colleague to discuss the nature of a complaint to see if she/he views the situation as an ethical violationsee if she/he views the situation as an ethical violation

2. When feasible, the counselor should directly approach the 2. When feasible, the counselor should directly approach the colleague whose behavior is in question to discuss the complaint colleague whose behavior is in question to discuss the complaint and seek resolution.and seek resolution.

3. If resolution is not forthcoming at the personal level, the 3. If resolution is not forthcoming at the personal level, the counselor shall utilize the channels established within the counselor shall utilize the channels established within the school, school district, the state SCA, and ASCA Ethics school, school district, the state SCA, and ASCA Ethics Committee.Committee.

4. If the matter still remains unresolved, referral for review and 4. If the matter still remains unresolved, referral for review and appropriate action should be made to the Ethics Committees in appropriate action should be made to the Ethics Committees in the following sequence:the following sequence:

• state school counselor associationstate school counselor association• American School Counselor AssociationAmerican School Counselor Association

Ethical ScenarioEthical Scenario

1) Define the Issue using the ASCA 1) Define the Issue using the ASCA suggestionssuggestions

2) Rehearse a role play conversation 2) Rehearse a role play conversation between you and your supervisor to between you and your supervisor to discusses your concerns and seek a discusses your concerns and seek a resolutionresolution

3) After this conversation no change is 3) After this conversation no change is noted, use the ASCA Process to develop noted, use the ASCA Process to develop an Appropriate Course of Actionan Appropriate Course of Action