Policy Rules For the purposes of being in line with my legal and ethical responsibilities, I would construct my policy for sharing information with students by FERPA guidelines. While I would allow the release of information in following FERPA regulations, I would strongly advise for counselors to still be mindful when releasing information. I would suggest that they only release information with their upmost discretion and for circumstances where not only FERPA permits, but that it also seems to be of benefit for the student. As many of the guidelines state, the schools “may” release information in certain circumstances, but they do not have to. This is what I would relay to my counselors.
Directly Releasing Information Directory information. The first policy rule would be that counselors may release directory information if the student has been informed of the school’s ability to release that information and has not submitted a written objection. If the student has been made aware of the type of information that the school determines to be directory and did not notify the school that he or she did not agree to the release, then this directory information may be released. However, I would still advise counselors to use their discretion and note if releasing this information to parents would actually benefit the student. If it will not, then I would advise against releasing the information. I would also encourage my counselors to always consult with FERPA when they are
Confidentiality in layman’s terms means you do not disclose the information given to you. However, as a counselor there are times when you must disclose client information. Our textbook talks about a “Duty to warn” this when a counselor feels that a client is at risk of hurting themselves or others, and is obligated to warn the proper individuals (pg 96). This is one instance when breaking the confidentiality agreement between counselor and client is acceptable. So there are instances when it is okay to break the confidentiality agreement. Another example of a time when it is acceptable to disclose confidential information is stated in the American Counseling Association “When consulting with colleagues, counselors do not disclose confidential
According to the ethical and legal principles of the counseling profession, it is our morally professional responsibility to break confidentiality in order to eliminate the possibilities of chaos, to the best of our ability. The American Counseling Association (ACA) code of ethics explains adherence to confidentiality in a number of instances. In standard A.2.e., Mandated Clients, it describes the requirements for informing mandated clients of the limitations to confidentiality and, should an issue arise, to whom the revealed information must be shared with. This rule applies to all clients. The counselor’s responsibility to do so must be conveyed to the clients at the very beginning of the counseling relationship, with periodic reminders throughout sessions, and include the dangers involved if the client refuses to participate in the mandated sessions. ACA code of ethics further explains in standard B.1.c., Respect for Confidentiality, that counselors are to guard “confidential information” and “disclose” this “information only with appropriate consent or with sound legal or ethical jurisdiction.” Therapists must also “identify situations” where breaches can void or challenge confidentiality (ACA, 2014, B.1.d., p. 7).
The first ethical issue that counselors have to worry about in counseling children is to be a competent counselor. It includes that the counselor must be familiar with child and adolescent development. Also, in order to be competent in counseling children, a counselor must frequently participate in trainings, specialized education, and supervised practice (Henderson & Thompson, 2011). Another ethical issue in counseling minors is privacy and confidentiality. According to the American Counseling Association (ACA) (2014) Code of Ethics, when counseling minors a counselors protect the confidentiality of information received (ACA, 2014, B.5.a). Counselors also have responsibilities with the child’s parents such as inform parents about the role of counselors and the confidential nature of the counseling relationship (ACA, 2014, B.5.b). When a counselors needs to release confidential information, he needs to seek permission from the child’s parents, legal guardians, or the appropriate third party in order to disclose the information (ACA, 2014, B.5.c). According to Henderson and Thompson (2011), children have to have their parents’ consent to see a
When it comes to counselors and psychologists, there's a code of ethics that influences whether they can reveal private information during a session. Patients also have the added protection provided by HIPAA. During the first visit to a new counselor, the person will be provided with papers that explain that your sessions are private except in certain circumstances. The HIPAA guidelines are actually the minimum level provided. In many states, there are stricter guidelines in place for those in the mental health fields. Patients have to feel safe during their sessions, or they won't share details with their counselor.
Answer 7. Every single child is different and will like and dislike different activities, and their won way and pace of learning. Angela should ensure that both Manshu and Jessica are given equal opportunities and an environment that lets them grow and learn at their own pace keeping in mind the difference in their age, stage and their own individual preferences. They should feel safe, secure and happy in their surroundings. It is her responsibility to ensure she caters to their individual needs effectively by carefully planning for each child, taking observations and getting to know their personal likes and dislikes. She should ensure that both of them are heard, more importantly heard with interest and their views and
Breaking confidentiality is a serious ethical component in counseling and must be considered very carefully before doing so. Each state has laws regarding the disclosure of confidentiality whether it to the courts, the clients, relatives, lawyers, schools, or other unbiased parties (Corey et al., 2015). It is very important that the therapist is aware of the laws in regards to disclosure of confidentiality in the state in which they practice to ensure that they are practicing in an ethical manner and to avoid any legal
Taking the role of the school counselor in the case of the 11-year-old girl, the counselor would first empathize with the girl and let her know that she is very courageous for sharing the information. Additionally, the counselor would want to emphasize the importance of continuing the counseling relationship with the student to help her with this difficult situation. Next, the counselor would remind the student about the limits of confidentiality. Further, the counselor would tell the student that she is concerned for her safety and that based on the limits of confidentiality that was discussed during the beginning of counseling and the informed consent paper that was signed by parents and students at the beginning of the year, the counselor would need to get the student some help. The counselor would ask the student if she could share this information with her mother with the support of the counselor or get the student’s okay to share the information with her mom. This would help to keep the counseling relationship in tact. However, if the child did not want the counselor to tell anyone, the counselor would still be obligated as a mandated reporter to report the abuse to child protective services (State of Hawaii Department of Human Services, 2007). The counselor would also tell the student what the next steps would be and help her prepare for them. For example, the counselor would tell the student that she would be calling a person that would come visit her home to make sure she was safe.
The act also states that a school needs written permission from either the parents or eligible student to release a student’s personally identifiable information (PII). The few exceptions to this Act include legitimate requests from school officials, schools that a student is transferring to, or if the information is deemed to not be harmful to the student or an invasion of privacy if it is disclosed. Schools must notify parents and eligible students annually of their rights under FERPA, also notifying them of the directory information being released. Under this, the teacher is unable to tell anyone else any personal information that could lead to the identification of a person, mainly a student at their school. This consideration is for the safety of the student and their family, in case of potential harassment or other type of danger that could be posed by someone learning this private
In some situations, counselors must clarify that confidentiality cannot be guaranteed (Herlihy and Corey, 2016). Ethically, a counselor should be sure that
C.R.S. § 12-43-218 Confidentiality extends to all agency employees § 12-43-218 (1); § 12-43-218(2) explains when confidentiality does not apply in conjunction with lawsuits, complaints, or review of services by an authorized Board during an investigation of a counselor. § 12-43-218 (5) is a catch all phrase stating “nothing shall be deemed to prohibit any other disclosure required by law” (Lane, 2015, p. 12).
School counseling has a unique ethical code that is listed on the American School Counseling Association (ASAC) website. The code starts with responsibility to students and supporting student development. This means school counselors have an obligation to the students, including treating each student with dignity and respect. Furthermore, respecting student and family values, beliefs, sexual orientation, gender identification, and cultural backgrounds. School counselors have a goal of supporting students and families in a short-term setting, then referring to outside services for long-term counseling. Additionally, the fundamental role of parents/guardians need to be recognized. School counseling is not designed to make diagnoses, but to be mindful of how a student’s diagnosis could affect academic success. School counselors have a responsibility to support student’s maximum development by having concern for academic, career, social, and emotional needs. School counselors must be knowledgeable of laws and regulations to protect and inform students of their rights. Lastly, appropriate boundaries must be maintained, including sexual and romantic relationships which are prohibited, regardless of the student’s age (ASCA, 2016, pp. 1-2).
After review of the precedents, regulations, and laws stated above, Greene’s unlawful termination of Ms. Lawson is unwarranted. Additionally, Greene’s bringing forth the breach of confidentiality agreement is necessary due to Ms. Lawson’s release of the draft letter of Greene’s patent attorney to their competitor.
The FERPA laws, or Family Educational Rights and Privacy Act, are supposed to keep personal things only available to the student and other personnel on a need to know basis, such as the dean of students or counselors. Parents are usually not allowed to see the student’s schedules, medical records,or transcripts unless they are given written consent or the student is a dependent of the parent’s tax form (Ornstein).
I am a high school school counselor. My supervisor, the school principal has requested that I provide him with a list of all the student clients and their parents/guardians that I counsel on a weekly basis and the presenting concerns discussed in sessions. I have been told that this information will be used to complete a report for the district. I am concerned about disclosing this information because it is my ethical responsibility to protect my clients confidentiality. I am also hesitant and concerned about this request to provide such information due to prior instances when it was brought to my attention that the principal had disclosed confidential information to others, specifically his secretary, as well as the secretary also sharing with other staff.
1).Tracking systems - Most semi-trucks have a "black box" which records important information that can be used for evidence in an accident case. Possible evidence could include: Speed during the accident, brake condition, use of seat belts, engine speed, etc.