Nicole_Comeaux_u9a1_Responding_to_Ethical_and_Legal_Issues
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Nicole Comeaux
Responding to Ethical and Legal Issues
COUN 5217: Ethical and Legal Issues in Counseling
Dr. Erin Berry
Capella University
September 8, 2023
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Responding to Ethical and Legal Issues
Instructions
To prepare to complete the prompts below, first review the case examples corresponding to your specialization in the media piece, Responding to Ethical and Legal Issues – Case Study, and then select an
ethical decision-making model. To aid in your selection, first review pages 15–18 of the Ethical, Legal, and Professional Issues in Counseling text and this week’s readings. You can also choose an ethical decision-making model from a current, peer-reviewed article in a professional counseling journal of your choice. Some examples include:
Practitioners Guide to Ethical Decision Making (
https://www.counseling.org/knowledge-center/ethics/ethical-decision-making
).
Link to white paper: https://www.counseling.org/docs/default-source/ethics/practioner-39-s-
guide-to-ethical-decision-making.pdf?sfvrsn=f9e5482c_12
Finally, complete the prompts that follow.
Analysis of Ethical Decision-Making Model
Identify the most appropriate decision-making model for your case:
In the case of 18-year-old female named Simone the most appropriate decision-making model would be using the Practitioner’s Guide to Ethical Decision Making.
Justify why it is the most effective model to use in this case:
This is the most effective model because it is the model that is most used for ethical decision making. But despite being the commonly chosen, this model removes possible bias and is collaborative and can be used in a variety of settings. Its adaptability makes it better to use regardless of the different settings and allows for all areas of potential consequence of those choices for not only the client but for all other parties that are involved.
Explain why this model is a better choice in comparison to others and give examples to illustrate the
effectiveness of the model:
This model was the better choice compared to others because it has principles that are valued when it comes to ethical decision making. The model is easy to follow and assist with 2
critical thinking and is a guide that helps in making choices that consider the ACA Code of Ethics
. It can also be used across different settings in counseling including but not limited to agency, private practice, or community mental health offices (Branson & Branson, n.d.). It is applicable in any setting and ensures that you as mental health counselor is taking the necessary and legal steps to ensure that your client is getting the best possible assistance.
Application of Ethical Decision-Making Model
Identify ethical and legal dilemmas:
1. Simone is smoking marijuana although she says she is not smoking around the baby, and says it helps with her anxiety and inability to sleep. Simone is also selling marijuana.
2. Simone is refusing to do divulge certain information, can make counseling session difficult.
3. Social worker is requesting update on Simone’s progression.
List the specific ethical codes, standards, or laws you would use to determine your response.
A.2.e: Mandated Clients
A.1.c: Counseling Plans
B.3.b: Interdisciplinary Teams
Explain how these codes, standards, or laws will influence your choices:
These codes would influence my choice as it is important that as a mental health counselor, I abide by them. Additionally, being that I have these codes to guide my choice I must put them into use and put my own personal beliefs, and judgments to the side and follow the standards that were created to ensure that all clients have just and fair treatment. But also applying the code of ethics that are from the American Mental Health Counseling Association, where there is a clear expression of what is expected of
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both client and counselor. When implementing A.2.e, this would be made known at the start of the counseling relationship. Since Simone is partaking in the distribution of an illegal substances, I would have to let her what is considered confidential information and that above all I am a mandated reporter and legally must report any form of abuse. Since counseling is a collaborate effort A.1.c would assist in developing a plan that Simone can follow and would go at the pace that she is most comfortable with. Also, since she is new to counseling, this code allows for Simone to make changes as she sees fit because the goal of it all is to assist her in any way that I, as her counselor can. Going into B.3.b, seeing as the social worker arranged for Simone to receive counseling, the social worker is a part of the team of individuals that I, as the mental health counselor is to communicate with regarding Simone’s progression. I would make known about her seeing the homework I provide as pointless, and not ready to learn other safe and legal methods to treat her anxiety, stress, and inability to rest.
Apply the selected model and include specific examples that illustrate the actions you will take.
In the case of Simone, I would identify the issue at hand, solely facts and disregarding assumptions and ask myself what kind of problem it is. Is the problem legal, ethical, professional, clinical, or a combination. I then would apply the ACA Code of Ethics
and consider state laws and other professional codes that apply. Then it is time to determine which dimensions
the problem is in according to foundational principles (autonomy, non-maleficence, beneficence, justice, and fidelity). It may take consulting other counselors and even state associations. Then from there a general course of action is created but not without considering how those plans effect all other parties, which for Simone would be her newborn baby. Then I would need to evaluate my course of action and consider if it is just, would I be ok if it this were to be leaked to
the public, and if I would be able to recommend this plan to another counselor in a similar situation. Once all those factors are considered, tested, and accepted, I would then implement the
course of action.
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Impact of Cultural and Developmental Factors
Describe how you would demonstrate developmental or cultural sensitivity when addressing the legal and ethical issues presented in the specialization case study:
Use specific examples to illustrate your idea (i.e., culture, age, gender, setting, and population):
Due to Simone having intellectual disabilities, and her familial history and situation I would take into consideration how she raised influences the way she is now. She may not have had the exposure to the legal and correct ways to problem solve. Instead of judging Simone for what she is or is not doing, I would provide her with information that can help her in making changes to her daily habits and reiterate to her that I am a mandated reporter and although my goal is not to get her into any trouble, it is important the well-being of her and her child are on me legal if something was to happen and I did not do my part. I would not push Simone to divulge certain information but let her lead and allow her to share her story within her own time. She may not have been heard in her family, and since she is estranged from her family, she may not be so easy to trust me with certain parts of her past.
Impact of Counselor Values and Strategies to Address Them
In your role of the counselor, consider how your personal values and beliefs impact your conceptualization of the case and the choices you might make when deciding how to respond to the legal and ethical issues that may arise in working with this specific client or students.
Provide two examples of specific values or beliefs you hold that may influence your reactions:
Value/Belief 1:
Having no plans for one’s future and not even trying to figure out what you want to do.
Value/Belief 2
: Taking part in illegal activity when you have a child to raise.
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Present two specific strategies that you will develop to address the influence your personal values and beliefs may have on ethical decision making with clients or students:
Strategy 1:
Not everyone was provided with the necessary tools to properly make decisions and that is why I am here. I am here to help them figure their next steps out.
Strategy 2:
Continuously reminding myself that she may feel desperate and that was the easiest way to her knowledge. I would have to remind myself that she does in fact have a low IQ and may not understand the potential trouble that she can be in if she is ever caught.
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References
2014 ACA Code of ethics - American counseling association. (2014.). https://www.counseling.org/docs/default-source/ethics/2014-code-of-ethics.pdf?
sfvrsn=2d58522c_4
AMHCA code of Ethics - lpcaga.org. (2015). https://www.lpcaga.org/assets/docs/CPCS/AMHCA%20ethics2015FINAL2.pdf
Branson, J. S., & Branson, A. (n.d.). Ethical Decision-Making Models
. Welcome to Counseling. Education. https://counseling.education/counseling/intro/ethical_models.html
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