1. The client 's right to give informed consent American Counsel Association (ACA) B.5b. state “Counselors inform parents and legal guardians about the role of counselors and the confidential nature of the counseling relationship, consistent with current legal and custodial arrangements” (p.7). 27-65-103 Legally able to give informed consent Counselors are required by law to take a proactive approach to ensure informed consent is properly applied in accordance with (IAW) Mental Health Act Colorado Revised Statutes (C.R.S.) §12-43-214 (2); 12-43-222(1)(p) disclosure shall be made to the child. If the client is a child whose parent or legal guardian is consenting to mental health services, disclosure shall be made to the parent or legal …show more content…
if the recipient is an adult a guardian or legal representative has been appointed by a court of competent jurisdiction (irrespective of an appeal of the order) because the adult is an "incapacitated person" within the meaning of C.R.S. § 15-14-101(1). In emergency situations in which, the client 's requires immediate intervention and/or stabilization. Emergency situations include any actions taken pursuant to C.R.S. Title 19, Article 3, Parts 3 and 4 (the Colorado Children 's Code). Clients’ rights to access their record/chart/files Clients have a right to access their records however the mental health provider can restrict information in their judgement can be harmful to the client. 42 C.R.S. 2.3 (a), (b) clarify patient access not prohibited however restriction on the use of information. Colorado confidentiality limits 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). What legally must go into the client’s record and how long must the record be retained The Professional Counselor Rules list the following eleven (11)
Remley and Herlihy (2016) defines confidentiality as an ethical concept which refers to the counselor 's obligation to respect the client 's privacy and in session discussion will be protected from disclosure without their consent (p.108). The receptionist never disclosed what was being discussed in wife A session; however, her inadvertent breach of confidentiality occurred the moment she divulged the fact that wife A is a patient at a mental health facility. An important premise to understanding the ethical principle of confidentiality is base that a counselor respects the client 's right to privacy (Remley & Herlihy, 2016; Quigley, 2007). Premise one states the "counselor honor the rights of clients to decide who knows what information about them and in what circumstances" (p.110).
The informed consent I found online and reviewed is for TrueNorth Christian Counseling. TrueNorth is a professional counseling practice that offers counseling services to individuals seeking to integrate Christian principles into the process of resolving personal issues. TrueNorth Christian Counseling promises that in most situations their counselors can only release information about the client’s treatment to others if the client provides written authorization that meets certain legal requirements. If the client is involved in a court proceeding and a request is made for information concerning the client’s diagnosis and treatment, such information is protected by the counselor-patient privilege law. No information will be provided to the
The inability of a child to give permission to participate in treatment without adult consent develops confusion in regard to boundaries of confidentiality. Parents who give permission for their child to take part in treatment are not automatically granted access to the communication that transpires during sessions. The relavence of information said in confidence should be taken into consideration by the professional. If the professional belives the information should be shared with the child’s guardian, the professional should allow the child an opportunity to inform hir or her parents as a gesture of respectful. Different states have different statutes in regard to legal obligations, however, in regards to child neglect or abuse concerns, all states have mandated reporting regulations (Philllips, n.d.).
According to According to (Gerald, Corey, Schneider, & Callanan, 2015) “Informed consent involves the right of clients to be informed about their therapy and to make autonomous decisions pertaining to it” (p.154). Section B of the ASCA National standards for School Counselors states “Recognize that providing services to minors in a school setting requires school counselors to collaborate with students’ parents/ guardians as appropriate” (pg.6). Since I will be working in the school system. I have to be aware that parents and guardians are heavily involved with the student’s school counseling experience.
The CRSS will disclose to the client that if they are to harm another or themselves they will have to break confidentiality. In the ACA code of ethics informed consent is given to the client and respecting confidentiality is another ethical guideline (Illinois Certification Board, Inc., 2017). The counselor will not disclose any information about the client to anyone only when consent is given from the client that they want to tell others about this information. Confidentiality has some limitations in the ACA just like CRSS the client’s confidentiality will be breached if the client makes claims about wanting to harm themselves, harm others or if they’re doing something illegal under the state. It’s the counselor’s duty to report this to their supervisor and they must let the client know that their confidentiality is no longer kept private due to these exceptions since these are instances that are very crucial to a client/ client’s peer’s health that needs to be reported on (ACA,
Regardless of the State in which they are operating, mental health counselors are held to strict guidelines and laws that aim to keep the therapist-client relationship ethical and confidential. In the video, “Legal and Ethical Issues for Mental Health Professionals, Vol 1: Confidentiality, Privilege, Reporting, and Duty to Warn,” a conversation is directed by a judge on the rules and exceptions of these four topics, and how they relate to the therapist-client relationship. Within the video, three separate cases are reviewed, including the ruling decisions that were made by the state courts in their charge. This paper will seek to outline the laws that pertain to confidentiality, duty to warn, mandatory reporting, and privilege in the state
Confidentiality is important for not revealing personal information about the client. Confidentiality has a clinical role, which would include not disclosing sensitive information such as diagnosis, medications, and treatment plans for the client. It is important to consider the ACA Code of Ethics’ stance on confidentiality because information about the client is personal and their records should remain private. Personal records should be restricted in order to ensure that information about the client's mental health is not disclosed to unauthorized individuals.
In some situations, counselors must clarify that confidentiality cannot be guaranteed (Herlihy and Corey, 2016). Ethically, a counselor should be sure that
When mental health counselors work with various clients during their career, they need to practice confidentiality and privacy when conducting one-on-one, group, or any type of counseling services. Like any medical patient, mental health clinicians need to treat their clients with dignity and respect. It is extremely important for the mental health counselor working with his or her assigned caseload
Counselors are obligated by ethical and legal laws the duty to warn. This can vary in different states but may include the knowledge of abuse,
“Confidentiality is a professional’s promise or contract to respect clients’ privacy by not disclosing anything revealed during counseling, except under agreed upon conditions.”
Informed consent is one of the initial steps in the therapy and any medical practice. According to ACA Code of Ethics (2014) A 2 b counselors should inform the client regarding to “purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services; the counselor’s qualifications, credentials, relevant experience, and approach to counseling; continuation of services upon the incapacitation or death of the counselor; the role of technology; and other pertinent information”. Clients have a right to decide to next step in light to this information. Personally, I do not have much experience with informed consent, because confidentially still is upsetting issue in my country, Turkey. Except the mental health field, it is not commonly performed
The trust between Heather and me as a Counsellor is a vital part of our therapeutic relationship. I am aware that my client must feel that whatever she discloses in therapy will be treated confidentially. As a counsellor I am not to disclose information unless required by law or authorized by my client. The informed consent document Heather has signed prior to our first session does not state particularly that the Counsellor has to break confidentiality in instances of child abuse.
Jessica is a minor and her parents are stake holders in her well-being. Drug abuse is a major clinical and life issue and her parents deserve to be informed. Having said that, the counselor should discuss it with Jessica first and sensitively deal with her inevitable resistance. The counselor should inform her of her duty to take the parents into confidence and draw her attention to the limits of confidentiality and also the informed consent process that she must have gone through at the beginning of the therapy.
There are many legal, ethical and safety issues that a counsellor must take into consideration when working with children and/or young people. Issues being dealt with should aim to intertwine all three safety, ethical and legal principles together rather than as separate entities. An important issue that one must face is the extent of Confidentiality. An ethical approach to this is covered by the New Zealand Association Counsellors Code of Ethics. It describes that “Counsellors shall treat all communication between counsellor and client as confidential and privileged information, unless the client gives consent to particular information being disclosed” (NZAC, 2012). This statement is