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Ethical and legal issues school counseling
Ethical case study for school counselors
Ethical and legal issues school counseling
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Reflecting on week five readings in the textbook, “Becoming an Ethical Helping Professional: Cultural and Philosophical Foundations” written by Rita Sommers-Flanagan and John Sommers-Flanagan (2015), I can apply the concept of teachers and school counselors having professional values clash. School counseling requires its own ethical standards of practice. Confidentiality is a major ethical value that counselors must uphold. Whereas, teachers often share information between each other. The clash can occur when the counselor is upholding the students right to confidentiality which makes them seem uncooperative or not part of the team. The teacher and counselor relationship can be affected particularly when the teacher does not understand why …show more content…
As in any profession, having positive relationships with co-works is extremely vital. Positive relationships make the work environment more enjoyable and promote team collaboration. Additionally, as a school counselor upholding the ethical value of student confidentiality is also extremely imperative. I can see how these two areas could create a clash. Having an awareness of this potential issue ahead of time can help to eliminate a clash. The school counselor would need to be upfront with the teaching staff about confidentiality. Furthermore, be willing to engage in personal conversations with teachers about the ethical value so there is no misunderstanding. Having an open line of communication can deepen the teacher and counselor relationship without breaking student confidentiality. Sommers-Flanagan and Sommers-Flanagan further discuss general guidelines for school counselors from the American School Counselor Association (ASCA). One of these guidelines is, “Have a primary obligation to all students. This means that you are committed to treating all students with respect and dignity and providing all students with equal access to school counseling services” (p. 246). I think this is a great guideline from the ASCA. All students absolutely deserve to be treated equally. However, I can foresee a problem with all students having equal access to school counseling
These are examples of where an abuse of the hierarchical relationship between a counselor and student may come into play, and are the exact areas in which I hope to distance myself from in my practice. The idea that every conversation I have should end with the other party feeling empowered is one that really resonates with me, and a goal I will continue to strive towards.
Although there is value in group counseling at school, some of the problems that surface include scheduling issues, teacher resistance, and ethical concerns as well (Pérusse, 2009). Leading group counseling requires highly specialized skills (Pérusse, 2009). It is important for the counselors to have a solid foundation in group counseling theory and practice to be effective (Pérusse, 2009). As with individual counseling, counselors in this setting struggle with issues of confidentiality from parents wanting to know details of what was said but also with the issue of other students breaking confidentiality outside of group (Crespi, 2009).
In this paper, it will be explored the meaning behind the ASCA national model, its importance, and how it will shape the counselors to be. As a counselor in training, it was understood the ASCA national model is a guideline for professional school counselors to be more productive and sufficient in the workplace. Therefore, as a trainee it is vital to grasp and implement these four components: foundation, management system, delivery system, and accountability.
The topic of this paper focuses on the battles school counselors face as the law and ethical standards collide. School counselors face a number of legal and ethical issues and recognizing a clear decision isn’t always easy. School counselors have to work with a large number of students, parents, and administrators while conforming to ethical codes, state laws, and school board guidelines. This topic is of great relevance to me as I will be going into the school counseling profession. It is also a meaningful topic to me because life-changing decisions are made every day in reference to legal and ethical issues. Researching this topic has shed some light on the difficulty for school counselors to fulfill both legal and ethical requirements. The main reason for this is that laws and ethical codes may sometimes provide differing and contradictory messages regarding the same subject. This can lead to legal ramifications, even while following ethical norms as we will look at in the example case of Woodlock v. Orange Ulster B.O.C.E.S. (2006/2008).
Using the IMED the counselor would first recognize that CRW elements exist within the ethical dilemma and then identify them. For example, Ana got a bad grade on the math test after she had been given supports, and that may make her father feel as if she is bringing shame to the family. Next, the counselor would take into account the school policies and procedures, and ethical and legal issues such as that any abuse or suspected abuse must be reported to child protective services (State of Hawaii, 2007). Additionally, the counselor must take into consideration the ethical codes that would apply to this case. The counselor would consider the limits of confidentiality, such as American Counseling Association ([ACA] 2014) ethical standard B.2.a, and American School Counselor Association ([ASCA] 2010) ethical standards A.2.c and A.2.d, which all ethically support a counselor’s breach of confidentiality when there is foreseeable harm to the student. The counselor must also recognize the student’s developmental and chronological age when determining the risk of harm to the student (standard A.2.c [ASCA, 2010]). Next, the
A counselor should always keep their thoughts to themselves and remain open-minded about the situation. The only time a counselor should share their thoughts is if it helps the client with their situation that they are dealing with. “Counselors must practice only within the boundaries of their competence (Standard C.2.a.), and, if they “determine an inability to be of professional assistance to clients” (Standard A.11.b.), they should facilitate a referral to another provider. (Kocet, M. M., & Herlihy, B. J. (2014). Addressing Value-Based Conflicts Within the Counseling Relationship: A Decision-Making Model. Journal Of Counseling & Development, 92(2), 180-186 7p. doi: 10.1002/j.1556-6676.2014.00146.x).” Keeping your thoughts to yourself is
Teacher-Student Relationship. Educators should demonstrate ethical conduct inclusive of nothing less than a professional relationship with all students at all times inside and outside the classroom, which includes nurturing the hold child (emotionally, socially, intellectually and physically). Unethical conduct includes child abuse (physical/verbal), child endangerment, sexual acts, discrimination of any kind, and any type of relationship other than professional and supplying students with alcohol or
The Oxford dictionary defines an ethical dilemma as “a situation in which a difficult choice has to be made between two courses of action, either of which entails transgressing a moral principle.” It is not uncommon to face such predicaments in the workplace but few occupations present more ethical dilemmas than that of a school counselor. Although jobs in counseling and social work often present ethical dilemmas, having to maintain confidentiality, share information with parents and bypass consent all while maintaining an honest relationship with the student seems almost impossible to accomplish. Deciding whether or not to breach confidentiality in order to help a minor student can seem like an unnerving task. Essentially, the final decision
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.
.... Also following a guideline pointed by Saddler (1986 -retrive from Forester-Miller, H., & Davis, T., 1996) counselors should apply the three test in their practice. The test of justice which determines if you would treat others the same in this situation, the publicity test, if you would want your behavior to be known and reported to the public, and the test of universality to ask yourself if you would administer the same action to another counselor in the same situation. With that in mind the professional has to believe that after all of this is achieved the professional is capable to perform the career with an outstanding background and knowledge on how and when to act and perform the social and personal changes that relies on the profession and always having in mind what is more beneficial to the patient in resolving and responding to their ethical conflicts.
School counseling has evolved over the years into a significant component of the educational system. School counselors are taking on new roles in schools as leaders, working with “school administration and staff in developing student attitudes and behavior which are necessary to maintain proper control, acceptable standards of self-discipline and a suitable learning environment within the school” (Secondary School Counselor 2012). Counselors work in “diverse community settings designed to provide a variety of counseling, rehabilitation, and support services” (Counselors, 2010). When working in a school district as a counselor, you can either be an elementary school counselor, middle school counselor or a high school counselor. This essays explores a recent interview with a high school counselor.
there will be good days and bad days and the counselor must be careful not to allow the emotions of helping others become the main objective in
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...
I was really nervous about doing this first practice recording. While I knew how I wanted to start the conversation, I was stressed out about the unknown that comes along with these sessions. I am constantly listening to my friends talk, but how I had to respond for the counseling session was very different than what I am typically used to. I usually give my friends my opinions and advice on how I would handle the situation. It was hard for me to just sit back and let my classmate talk. I wanted to respond to many of her statements, but I had to take a step back and really just listen. In these types of counseling sessions my thoughts and opinions are not important. Rather, the focus should only be on the person you are counseling.
The counseling session began with the introductions where I introduced myself as the counselor and later introduced my client. This stage is important in any counseling session since it is the time of exploration and focusing according to Gerard Egan as quoted by Wright (1998) in his essay on couselling skills. It is in this session that I was able to establish rapport and trust with my client in order to come up with a working and fruitful relationship with him. During this stage I made use of skills like questioning, where I would pose a question directly to my client, sometimes I would choose to just listen to what the client wanted to speak out while in some instances I would be forced to paraphrase the question if I felt the client did not understand the question I had asked previously. There were also other times when I would reflect through silence. During such a period, I got time to study the client and the information he had given. This being a difficult area, since some clients may not be able to volunteer information to you as the counselor, I decided to assure the client of confidentiality of any information he was willing to share with me with a few exceptions which I also told him about. Being open to him about the only times the information may not be confidential was part of my building rapport and establishing trust with him. I therefore, decided to ask the client what information he wanted to share with me and lucky enough he was ready to speak to me about different issues that he was going through.