5 Legal and Ethical Implications for Working With Minors

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Five. Legal and Ethical Implications for Working With Minors

Objectives

. Describe and define many key terms from this chapter as associated with legal and ethical concepts.

· Understand, in depth, the importance of beneficence and its far-reaching imperatives.

· Recognize the difference between legal and ethical issues, and when to contact a lawyer.

· Identify ways in which codes of ethics guide our ethical practice as counselors.

· Compare and contrast codes of ethics of organizations to which you belong.

· Examine information related to working with minors, upholding confidentiality, and understanding privileged communication.

· Apply aspects of ethical decision making to an ethical dilemma.

· Examine advocacy competencies and understand ways in which culture impacts ethical decision making.

Reflective Questions

· What are my current ideas about legal and ethical issues in counseling?

· What are my current conceptualizations about using ethical codes and ethical decision making processes to guide my practice?

· How might legal and ethical issues differ for minors and adults?

· How do I understand my own values, beliefs, and culture as a counselor, and how is understanding this essential for understanding others?

· What cultural implications for ethical practice am I currently aware of?

It is a difficult concept to grasp that ethically, the child or adolescent is the client, but legally, a counselor's responsibility is to the parents or caregivers. Counselors and supervisors struggle with this concept when working with minors. This is foundational to working with minors and must be understood. When considering ethical, legal, and best practice implications, critical thinking is needed to engage in and thoughtfully process complex ethical dilemmas.

This chapter will urge you to take this information seriously and cautiously - but not become fearful about the services you provide. Often, counselors become scared about legal implications and talk of lawsuits. This chapter seeks to equip you with the information, resources, and critical thinking skills necessary to feel confident in your ability to move through complex situations for the betterment of clients. This chapter recognizes that training programs often have an entire class on legal and ethical issues in counseling. However, too often, work with minors is barely a focus - if it is taught at all. This chapter seeks to bridge that gap and provide you with the necessary information for protecting clients and practicing ethically - as that is our obligation.

Kitchener and Anderson state that ethics is a branch of philosophy that addresses questions of how people ought to act toward each other, that pronounces judgments of value about actions, and that develops rules of ethical justifications.

Because people hold different beliefs and values that influence actions, many professional organizations have developed ethical codes to unify professions and provide a framework from which to practice. We will discuss the American Counseling Association Code of Ethics and note other ethical codes for practice, but before we move into that, it is important to understand our guiding principles for ethical counseling practice.

Guiding Principles

Beneficence

A = Assessment

B = Benefit

C = Consequences and Consultation

D = Duty

E = Education

Non-Maleficence

Justice

Fidelity

Codes of Ethics

ACA Code of Ethics

Specialization Codes

State Licensure Codes

Certification Codes

Counseling Minors

Obtaining Legal Advice

Rights of Parents and Guardians

Utmost Importance of Confidentiality

Confidentiality and Privileged Communication

Informed Consent and Assent

Recordkeeping

Managing Custody Disputes

Responding to Subpoenas

Reporting Child Abuse

Duty to Protect and Warn

Issues in the School

Issues in Agencies and Private Practices

Making Informed Decisions

One point one point B. Ethical Decision Making

Model for Decision Making

Multicultural Implications and Advocacy

Summary

Clinician's Corner

Answering Clients' Legal and Ethical Questions

Six Family Counseling

Reflective Questions

What Is Family Counseling?

Basic Skills

Forming a Relationship

Conducting an Assessment

Six Lenses

Shared Meaning and Goal Setting

Implementing Change: Treatment for Families

Counseling Session Using a Genogram

Family Counseling in the School Setting

Home-Based Family Counseling

Multicultural Implications and Advocacy

Summary

Clinician's Corner

Seven Parents, Caregivers, and Supportive Adults

Reflective Questions

Importance of the Parent/Caregiver Relationship

Parenting Styles

Authoritarian

Authoritative

Permissive

Uninvolved

Parent or Caregiver Engagement in Schools

Parent or Caregiver Engagement in Agencies

Working With Parents or Caregivers in Counseling

Including Parents or Caregivers While Maintaining Confidentiality

Empowering and Encouraging Parents or Caregivers

Sample Resources

Multicultural Implications and Advocacy

Summary

Clinician's Corner

Eight. Trauma and the Child and Adolescent Brain

Reflective Questions

Summarize Structures, Systems, and Functions of the Brain

One. Brain

Two. Hemispheres

Three. Levels of Functional Governance

Four. Cortical Lobes

Five. Systems for Self-Regulation

SAM and HPA

Overview

The document focuses on the essential legal and ethical implications of counseling minors, highlighting the importance of understanding beneficence, non-maleficence, autonomy, justice, and fidelity. It aims to equip counselors with the critical thinking skills necessary to handle ethical dilemmas effectively while working with this vulnerable population.

Key Points

1Understanding the difference between legal and ethical issues is crucial for counselors working with minors
2Ethical codes provide necessary guidance for professional practice
3Beneficence and non-maleficence are key principles guiding ethical counseling
4Counselors must respect the autonomy of their clients while managing their legal obligations.
5Cultural considerations are essential in ethical decision-making processes.

Details

Authors: Theodore P. Remley, Jr., Rebekah Byrd, Chad Luke
Category: Education

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