Ethics Homework Ch 9

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Tarleton State University *

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4315

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Philosophy

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Oct 30, 2023

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Yvonne Wyatt-Rose Ethics Homework – Chapter 9 Answer the chapter 9 objective questions  Describe what is meant by the terms confidentiality and privilege Terms of confidentiality consist of the client’s right to decide the time and circumstances under which to disclose personal beliefs, behaviors, and opinions and is the cornerstone to our rights under the Constitution of the United State. It is a central factor underlying trust in the helping relationship and ethically, information is not to be discussed outside of the helping relationship  Identify the conditions under which confidentiality and privilege should be breached Confidentiality is not to be equated with privilege yet neither are absolute. Both are protection to the client. In situations when a client is in danger to self or others, in child abuse situations or when court ordered are identified as conditions under which client information may be shared.  Discuss the conditions that need to exist for duty to warn to be implemented In order for a duty to warn to be implemented a client must present serious danger to themselves or others  Describe the special challenges facing practitioners working with both minors and those with HIV/AIDS in regards to confidentiality Individuals with HIV/AIDS who practice unsafe sexual practices or IV drug use are in danger to others and would imply a duty to warm, yet they are protected by confidentiality posing and ethical dilemma of if and when to break confidence. The same issue comes into play when working with minors as most states mandate that the reported of neglect, physical abuse, psychological maltreatment and sexual abuse to minors. When service is provided to a minor by a school counselor it is important to know the laws of your state. While parents have access to student records in most cases counselor notes are exempt yet there are cases this is left to interpretation bases of the school district policy on what is considered student records.

 Describe challenges of the technological era, including distance counseling, social media, texting, and corresponding by fax machine and email There are limitations of maintaining confidentiality of electronic records and transmission with clients. Practitioners are unable to guarantee confidentiality because they are limited to control during this technological era so this should be discussed with client and they be given the freedom to choose if they want to use one of these methods. Define the following terms  Breach – breaking confidentiality providing client information without their consent  Child Abuse Prevention and Treatment Act of 1974 - Provided assistance to States to develop child abuse and neglect identification and prevention programs. Identify issues and areas needing special focus for new research and demonstration project activities Serve as the focal point for the collection of information, improvement of programs, dissemination of materials, and information on best practices to States and localities  Client waiver – clients right to refuse informed consent or terms of confidentiality  Confidentiality - The client’s right to decide the time and circumstances under which to disclose personal beliefs, behaviors, and opinions  Constitutional  Court order – a mandate by the court of law to provide share client information  Duces tecum subpoena - A process directed to a person requiring him to bring with him any books, documents, or things under his control  Duty to warn – when a client is in danger to themselves or others, practitioner has the duty to take necessary steps to warn victim, contact polices or notify appropriate personal in relation to protect the client and others.  Family Educational Rights and Privacy Act (FERPA)  Foreseeable danger – consideration of what could be in harm to a client  Identifiable victim – person who may be in danger or harm, such as those persons exposed to an HIV/AID client who refused to expose his sexual partners.  Imminent danger – harm to identifiable victims  Privileged communications – communication within the helping relationship  Protected relationships – the helping relationship  Right to privacy – clients privilege to have the information shared during the helping relationship protected.  Tarasoff - is the practitioner’s duty to protect, not just duty to warn, make reasonable effort to warn identifiable victims and only give what is required for the report and not give other therapeutic information. Complete the Cooperative Learning Exercise on pages 234-235. Do NOT wait until the last minute to complete this exercise. You have to contact someone in the field.

I am currently employed by an Independent School District and work on an elementary school campus. For this portion of the homework, I discussed the questions with my onsite school counselor AD, She is a licensed social worker and counselor who has been an elementary school counselor for 17 year. She has experience in private practice and worked for a state school for 5 years. AD has plans to retire this next year. 1. Per the school counselor, confidentiality is discussed with the students, however because they are minors, by law parents have access to the information being discussed with the student. It is our schools practice to notify parents of sessions with students and also cover confidentiality with the parents informing them of guidelines and rights as related to the student and to them as the parents. 2. Per AD, as a school counselor there have been many occasions her records have been subpoenaed and contingent on the matter at hand, it determines when she is a liberty to protect her client notes or enforce privilege. The same has been the case when she has been called to testify. Out district policy protects counselor notes unless there is an issues of child abuse, sexual abuse, indecency with a minor, neglect or child endangerment. She stated she functions under the guidelines of the law and hold to her ethical obligation on testifying only to relevant and necessary information relevant to protection the student and service in the best interest of the student. 3. In her 17 years of working with minors she has had many situations where duty to warn have come to exist as a result of students being a danger to themselves or others. When these situations arise she notifies necessary authorities and documents all contacts and information obtained. 4. In working with minors, she has discovered in order to help minors comprehend confidentiality she communicate in age appropriate language in order to aid in their comprehension. She also notifies parents and covers confidentiality with them as well. 5. As a school counselor she does have privilege, however there are many time she is caught in an ethical, yet legal situation because of the age of the students. While her notes are protected in most cases, this doesn’t keep her from being served. There are laws and school policies which provide parents’ access to student records, allowing them to obtain information in some situations, however if it is not in the best interest of the student that information be shared, she refers the students to the school practitioner, social work or outside source who is able to exercise privilege to a greater degree and protect to the student.

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