In my research of our textbook and the internet, the first is differentiating the difference between a subpoena and a court order and then properly defining the difference between confidentiality and privileged information.
According to Dr. Welfel, “the court can make demands for client information in 3 ways. The first is a subpoena, a legal demand to appear to to give testimony. Subpoenas are typically issued by a clerk of the court upon the request of an attorney without review of the legal merits of the demand for information. This is not the same as a court order where a judge can demand information based on an evaluation of the legal merits in regards and consistent with the current law. Welfel goes on to say that in states where
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Welfel clarifies the difference between confidentiality and privileged communication in Chapter 5 of our textbook. She said these terms are used interchangeably , but there are important differences in their meaning. Confidentiality refers both to an ethical duty to keep client identity and disclosures secret and a legal duty to honor the fiduciary relationship with the client. It is primarily a moral obligation rooted in the ethics code, the ethical principles, and the virtues that the profession attempts to foster. The legal term “privileged communication refers to the client’s right to prevent a court from demanding that a mental health professional reveal material disclosed in a confidential professional relationship as part of evidence in a legal proceeding. Confidentiality binds the professional not to reveal client material even if he or she feels inclined to do so, and privilege protects client information from inappropriate disclosures pressed by legal authorities. Privilege is established by law (Welfel, p. …show more content…
ASCA also recommends abiding “by the Family Educational Rights and Privacy Act (FERPA), which defines who has access to students’ educational records and allows parents the right to review and challenge perceived inaccuracies in their child’s records” (ASCA, 2016, A-12).
I would also “recognize that sole-possession records and case notes can be subpoenaed unless there is a specific state statute for privileged communication (which there is for Alabama) expressly protecting student/school counselor communication” (ASCA, 2016, A.2.d).
ASCA states that “The sharing of case notes depends on your state statutes (as stated above for Alabama) and often your ability to advocate using the legal muscle your ethical standards provide you. In some states, the conversations between school counselors and students are considered privileged communication. In most states, however, school counselors are required to testify in court proceedings. Even when your state statute grants privilege for the school counselor/student relationship, the statute often contains exceptions and caveats allowing a judge to determine when the needs of the state outweigh the privilege. If the case is tried in federal court, then the state statute may or may not extend” (ASCA,
3. The court stated: "We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.
A promise of confidentiality assures clients that information revealed during counseling will not be shared with others without permission. An individual has the right to choose the time, circumstances, and extent, to which he or she wishes to share or withhold information. Marriage and family therapist have different confidentiality aspects from other counseling areas. Marriage and family therapist mostly have more than one client in a therapeutic relationship, there are different limitations for each individual client. AAMFT Standard II (2015 2.2) states When providing couple, family or group treatment, the therapist does not disclose information outside the treatment context without a written authorization from each individual competent to execute a waiver. Conclusively, counselors may be counseling a couple, group, or family for treatment, each client has their own rights to privacy protection and confidentiality. All counselors must follow specific guidelines when in regards to disclosing information that has potential harm to the client or identified others. If court ordered or third party payers have requested information it is the counselors job to obtain written consent from the client to release information about that
I believe the school psychologist was not acting ethically. According to Standard I.1.1, "parent consent is required if the consultation about particular child or adolescent is likely to be extensive and ongoing and/or if school actions may result in a significant intrusion on student or family privacy beyond what might be expected in the course of ordinary school activities." Since the counseling group would be considered "extensive", the school psychologist needs a formal approval or denial of the services she intends to provide. The school psychologist also decided to send a letter explaining what the counseling session. While the letter does seem to provide extensive information on the sessions, the school psychologist has no way to know if the parents received the letter, or if the
On October 27th of 1969, after returning home from a summer in Brazil, University of California at Berkley student, Tatiana Tarasoff was repeatedly stabbed and killed by a fellow classmate, Prosenjit Poddar. As tragic as the crime itself was, more tragic was the fact that it could have been prevented. Poddar had developed an unhealthy obsession with Miss Tarasoff during the year leading up to her death. Her continuous rejection of his advances sent him spiraling into a deep depression. He was encouraged by friends to seek treatment at the University’s student health center. During his course of therapy Poddar revealed to his counselor his intentions to kill Tatiana. Though the therapist did take steps to prevent the tragedy from occurring such as, asking for the weapon, calling campus security and requesting an emergency psychiatric evaluation, he failed to warn Tatiana herself, the intended victim. After her parents sued the University for negligence, the California Supreme Court ruled that “when a therapist determines, or should have determined, that a patient presents a serious danger of violence to another, the therapist then has a ‘duty to protect’ that third party” (Dimone & Fulero, 145-147). However, the Tarasoff doctrine is vague as written, given very little direction to practitioners in how to carry out their legal obligation while still remaining ethically responsibly to their client. A leading ethical challenge in the mental health profession today involves maintaining client confidentiality and protecting the public from harm (Corey Et Al, p. 230).
Communication between an attorney and its client is crucial during a trial. The attorney - client privilege is a legal privilege between the client the and the attorney assuring the privacy of the client. There have been many cases where the attorney and client privilege has become an issue and most people believe that an attorney should break his/her privilege when the client confesses of harming more than one victim. When it comes to an attorney and a client it is important for both parties to understand each other, and assure that each conversation such be between client and attorney only.
Keep information confidential unless legal requirements demand that confidential information be revealed.” (Ethical Standards for School Counselors) In this case there are no legal requirements that demanded the counselor to discuss the student information with the school teacher. Since the counselor works in the same community she lives in, she has to be aware of dual relationships. “School counselors have an ethical imperative to maintain a professional distance from students and parents. (Carolyn Stone, 2013)” Since the counselor worked in the community where it is probably hard for her to avoid duel relationships she should be extra careful to avoid ethical and legal issues. According to ASCA A.4.d, “Avoid dual relationship with school personal that might infringe on the integrity of the school counselor/student relationship. (Ethical Standards for School Counselors)” The counselor should have taken the appropriate steps and informed the teacher she was not at liberty to discuss student confidential information. The professional school counselor should, “Promote awareness and adherence to appropriate guidelines regarding confidentiality, the distinction between public and private information and staff consultation.” ASCA C.2 ( (Ethical Standards for School Counselors). The teacher and school counselor acted unprofessional and did not follow guidelines to the student confidentiality and they both violated policy by discussing student information in public setting. School related business should not be addressed in public
Parents have the right to be included in placement decisions, IEP developments, and evaluations. Schools should collaborate and communicate consistently with family members due to the fact they know their child better than anyone else and can be a powerful resource, as well as an advocate, for their development and education (American Foundation for the Blind, 2015). Furthermore, information regarding a student’s disability is highly confidential. IDEA clarifies that such information may be shared with only individuals who are working directly with the student (Friend, 2014).
Stone, C. B., & Zirkel, P. A. (2010). School Counselor Advocacy: When Law And Ethics May Collide. Professional School Counseling, 13(4), 244-247. Retrieved March 12, 2014, from http://dx.doi.org/10.5330/PSC.n.2010-13.244
For Example if confidentiality is the dilemma The NAADAC Code of Ethics states that” Every effort is made to protect the confidentiality of client information, and in very specific cases or situations to disclose information appropriately and according to federal law”(NAADAC, 2011, para. 5). In as much According to ACA Code of Ethics counselors are required to violate confidentiality only “to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be revealed” (American Counseling Association [ACA], 2005). Therefore, since trust is one of the most important aspects of a counselor client relationship a counselor must be certain if confidentiality is the ethical dilemma being presented, there should be clear-cut reasons for the information to be disclosed. If a counselor is educated with the proper laws and the relevant Code of ethics pertinent to there field of study they can validate their decision to supervisor, clients, and even legal entity’s if
Moreover, ethical issues are ubiquitous within the field of social work. As such, social workers employed in all facets of the profession, whether it is substance abuse, mental health, among many others encounter ethical issues common and specific to each area. According to the article “Ethical Issues in Addiction Counseling” by Cynthia G. Scott (2000), prominent ethical situations specific to the field of substance abuse include, “confidentiality and privileged communication” (p. 213). In her article Scott (2000) discuss the blurred boundaries of confidentiality with regards to group counseling. The author points out the discrepancy in federal confidentiality laws that prevent the practitioner from sharing confidential information disclosed
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
... that school counselors and professionals are aware of the ethical and legal procedures that are required to efficiently help students in many factors that affect their personal, social, and academic development. School counselors should always considered their ethical standards when helping students, in accordance with their school policies. However, school counselor should be aware if their school policies represent an ethical dilemma with their ethical standards and current laws.
Following a placement with a private and charity funded organisation located in Wales, this essay aims to discuss the main national policies that focus on maintaing patient confidentiality and consider how these policies are implemented locally in relation to the placement undertaken.
confidentiality statement, and while being the counselor my concern is to assist the client with
In order for attorneys to effectively represent their clients rules govern how and what information is gathered, used, and stored or destroyed. The unit three seminar discusses the rules that regulate these things during and after the representation of a client. There are several systems in place that protect clients and their confidential information from being misused by those who are involved in their cases and legal matters. The duty of confidentiality, attorney/client privilege, and the work product privilege are the topics discussed during this seminar for the purpose of teaching the differences between them all as well as how each works and for what purpose.