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Running head: RESPONDING 1 Responding to Legal and Ethical Issues Kathryn Franklin COUN5217- Ethical Legal Issues in Professional Counseling March 15, 2020 Professor Rhett Brandt

RESPONDING 2 Unit 9 Responding to Ethical and Legal Issues “We can’t help everyone, but everyone can help someone.”- Ronald Reagan. This is a quote that is often reflected upon when working with clients. Although counselors often want to believe that they are able to help everyone, unfortunately that is not always true. There is no magical wand when it comes to counseling. It takes hard work, dedication, and difficult decisions. Throughout this paper we will be exploring Simone’s case. Within this paper we will analyze the effectiveness of the seven-step ethical decision-making model and an example of how it might be used to resolve legal or ethical dilemmas when working with clients from diverse backgrounds. We will utilize the seven-step ethical decision-making model and review the Case of Simone. In this section it will be explored which specific actions would be taken during each step, specific ethical standards and state laws that I would consult when determining my response to the situation, how these laws and standards may influence how I respond to the situation, and how I would demonstrate developmental and cultural sensitivity when addressing the legal and ethical issues present in Simone’s case. Next, I will explore and explain my own personal values and beliefs and how they impact my understanding of the situation as well as how I might respond to the legal and ethical issues that may arise in working with the client. Finally, we will discuss two specific strategies that I will develop to address the influence of my personal values and beliefs may have on ethical decision making with my client. Analysis of Ethical Decision-Making Models The chosen ethical decision- making model that has been chosen for the purpose of this paper is 7 step model that incorporates the work of Forester-Miller and Rubenstein (1992), Hass and Malouf (1989), Kitchener (1984), Stadler (1986), and Van Hoose and Paradise (1979). The seven steps of this model are listed in sequence order and appear to be practical steps.

RESPONDING 3 The first step in the model is simply to identify the problem. In order to effectively do this you will need to gather as much information as possible about the situation. It is imperative to specific and objective when identifying the problem. At this point you should only be documenting the facts, instead of assumptions or suspicions. In identifying the problem you will also need to decide what kind of issue it is, ethical, legal, professional, or clinical(Forester, 1996). The second step in the model is applying the ACA code of ethics. After you have a specific problem it will be helpful to identify to check the ACA code of ethics to see if the current issue is addressed with in the code. At this time it would also be beneficial to check with state and professional codes that could also be relevant to the situation. At this point the issue could be resolved by the ACA code of ethics or state and professional codes(Forester, 1996). If the issue is not resolved then you have a more complex issue and will need to continue to the next steps in the 7 step model. The third step in the 7 step model is to determine the nature and dimensions of the dilemma. There are several steps broken down into this one step. First, you will need to compare your issue to each of the following principles to see if any apply, autonomy, justice, beneficence, nonmaleficence, and fidelity(Forester, 1996). Once you decide which principle applies you will then determine which principal has the most priority in this particular case. At this time your professional judgment will come into play. Next you will need to review some relevant literature to ensure you are using the most up to date thinking. This will also help you in being aware of the diverse issues that are present in the situation. You may also want to consult with another experience professional counselor or perhaps a supervisor. This will give the opportunity for someone with a different perspective the opportunity to review the issue and perhaps pick up something you may have missed or overlooked. If you still need further assistance it may also be

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RESPONDING 4 beneficial to consult with your state or national professional associations to see what support they can provide. The fourth step in the model is to generate a potential course(s) of action(Forester, 1996). At this point you would want to brainstorm as many courses of action as possible. Even the courses of action that you may not like or so not think will work. The fifth step would be to consider the potential consequences of all options and then determine a course of action. Gather and consider all the relevant information that you have gathered, including the priorities you have set. Consider each of the courses of action and consider the consequences for each of the parties involved in the issue. Eliminate the options that do not produce the desired result or cause more issues than solutions. Review the options that are left and determine which course of action will be most beneficial. The sixth step of the 7 step model is to evaluate the selected course of action(Forester, 1996). At this point you will want to review the selected course of action to ensure that it does not present any further ethical issues. You may complete three simple tests to ensure that you course of action is ethical, Justice, Publicity, and Universality. Justice you will as you own sense of fairness to determine if this is also how you would treat others in the same situation. Publicity, would you want this behavior in the media. Universality, would you recommend another counselor to utilize the same course of action. Once you determine that your course of action causes no further ethical issues, you will want to review your previous steps to make sure everything is still relevant and applicable to the situation(Forester, 1996). The seventh and final step of the seven-step ethical decision- making process would be to implement the course of action(Forester, 1996). This step may not be easy, taking the right steps during an ethical issue is never easy. During this step you will also want to complete a follow up to see what consequences have been produced from you selected course of action. If you follow

RESPONDING 5 a specific model to product an ethical decision during an ethical issue, then you will be able to provide a professional explanation to the decision-making process. Application of Ethical Decision-Making Model The case that is relevant to my specialization is about Simone. Simone is an eighteen- year-old, single mom of a new baby. She is unaware who the father is. Simone has dropped out of high school to care for her baby. She currently has no plans to go back to school or even look for a job. Simone’s social worker has arranged for Simone to receive short term counseling to address her being a new mom and having no plan for the future. She is reluctant to complete the homework given between counseling sessions but is also concerned what may happen if she doesn’t attend the sessions. Simone has disclosed that she smokes marijuana after her baby is fed and put to bed. She has admitted to selling marijuana in order to be able to buy what she is using. Her reasoning for using marijuana is it helps her to reduce her anxiety and sleep, it helps her to relax. The first step to take for this case would be to identify the problem(Forester, 1996). There are multiple problems present. One being that she is using and selling marijuana which is illegal. The second issue is that she is not complying to treatment requirements by not completing her homework in-between sessions. The more pressing issue is the use and selling of marijuana. The second step is to apply the ACA code of ethics(Forester, 1996). The ACA code of ethics standard B.2.a Serious or Foreseeable Harm and Legal Requirements states that confidentiality does not apply when disclosure is required to protect clients or identified others from serious and foreseeable harm. In the case of Simone, Child, Youth Services could possibly get involved but there has been no harm to the baby and mom appears to be taking steps to keep her baby safe while she is using marijuana. At this point it would be beneficial to continue to step three in the seven-step model.

RESPONDING 6 This third step is when the counselor determines the nature and dimensions of the dilemma. The principal that takes priority in the case of Simone is Autonomy. This principle addresses the respect for independence(Forester, 1996) . This is giving the client the freedom to choices and to take action. In the case of Simone, I feel leading her to make positive choices and then giving her the independence to make these choices would be beneficial. At this point it also would be helpful to review current literature and consult with other professionals to ensure you are using the most current professional thinking. The next thought to consider in this step would be to consult state and national professional associations to see if they could shine some light on the situation. In the state of Pennsylvania, the charges for the use and sale of marijuana depend on the amount of the rug. You can receive a misdemeanor up to a felony. Due to the growing legalization of marijuana, no articles were found pertaining to the use of marijuana around children. Unfortunately, the state laws did not help in the decision very much. The fourth step in the model is to generate potential courses of action(Forester, 1996). In Simone’s case there are multiple course of action that could be taken. Simone could consult with her doctor about receiving medical marijuana for her to reduce anxiety and increase sleep. She could refrain from using any marijuana at all, to include selling it. Her final option would be to continue on the track she is one, which is not a very good option. At this point it would be beneficial to move on to the fifth step in the model. The fifth step is when we would consider the potential consequences of all options and determine a course of action(Forester, 1996). The first course of action: consulting to receive medical marijuana for her anxiety and sleep. This may have the consequence of her abusing the marijuana, since it more than likely would be covered by her state insurance, so the need to purchase it would no longer be there. The second course of action is for her to stop using marijuana all together. This would have the consequence of Simone potentially having an

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RESPONDING 7 increase in anxiety and more difficulty sleeping. Also, there is no guarantee that Simone would be successful in quitting her use of marijuana. The final course of action is no course of action but simply allowing Simone to live the life she has been without influencing her in any way. This would have the consequence of Simone not making any progress in finding a solution to the issue. All together it is believed that the first course of action of consulting to receive medical marijuana would be most beneficial. The sixth step in the model would be to evaluate the selected course of action(Forester, 1996). In this step the counselor would test the course of action to determine if it was appropriate. They would do this by applying three simple questions: Would the counselor treat others this way, would you want this course of action in the press, and would you recommend other counselors in the same situation to do the same. Once it has been determined that the right course of action has been chosen then it is time to move onto the final step in the decision- making process. The seventh step in the model is to implement the selected course of action(Forester, 1996). It may not be easy to implement. The client may be reluctant to accept and work with you to implement the course of action. The selected course of action would require the counselor to perhaps advocate for your client to their primary doctor to determine if medical marijuana is actually going to be beneficial for the client. In a perfect world, Simone would receive the medical marijuana and use it appropriately. Unfortunately, it is not a perfect world, so it is important to follow up with your client. Monitor their progress and provide feedback and suggestions throughout this process. Impact of Cultural and Developmental Factors In Simone’s case she is a very low income, single mom, single child family. The case study does not mention any sort of race or ethnicity but based on the picture that is attached she

RESPONDING 8 appears to be Caucasian in race. Simone comes from a rough upbringing; she describes it as being chaotic and abusive. Her mother was diagnosed with bipolar disorder and her father was an alcoholic. Simone reports being labeled with learning disabilities as a child and remembers a teacher saying she had a low IQ. In Simone’s case the counselor would need to be aware and practice within Simone’s competence level(Barnett, 2017) Simone has stated she has a low IQ and has learning disabilities, it would be important to consider this when developing a treatment plan for Simone(Remley, 2016) Another keep aspect to consider when working with Simone is to be objective in order to safeguard the integrity of the counselor-client relationship(Remley,2016). As the counselor it would be beneficial for the sake of gaining Simone’s trust to have a judgment free counseling approach, ensuring your comments, suggestions, and facial expressions are objective and not insulting to her personal beliefs and values(Mongomery,2014). Another approach to counseling Simone would be to incorporate specialized knowledge of Simone’s background and beliefs into the counselor’s professional interaction with her(Barnett, 2017). This meaning incorporates what has happen in her childhood into the counseling session. Talk about the things she overheard as child and how they impact her now, do these comments make her want to do better for herself then her parents did for her? On the beliefs side of things, it appears that Simone is not fully invested in the counseling, do her beliefs of the counseling profession affect her participation in the counseling? These would all be important questions to work through with Simone. Impact of Counselor Values and Strategies to Address Them When in a counseling session I try to put my values and beliefs to the side, but I can feel them sometimes emerging through in my counseling work. In the case of Simone, I have a few beliefs and values that differ from hers. I, Like Simone, was a teen mom. I feel like in that aspect

RESPONDING 9 I would be able to relate with her, but our values differ in the way she takes care of herself as well as her baby. It appears that she put her life on hold as soon as the baby was born, dropped out of school began living on government assistance and has no motivation to do better for herself and her baby. Also, she is actively using marijuana while her baby is in her care. In the case it stated that she feeds her baby and put the baby to bed before engaging in the drug use, but what if the baby wakes up, is the baby breast fed, what if mom is not coherent enough to care for the baby if the baby shall wake up? It may be difficult to be objective in my counseling approach and to create a judgment free environment for Simone. Although these are my beliefs and a value, it is important to reflect upon the ACA code of ethics standard A.4.b. These standard states that the counselor shall avoid imposing their own values, attitudes, beliefs, and behaviors. Two strategies that I might use to prevent my personal values and beliefs from having an influence on making an ethical decision might be: To tell Simone a little bit into my story and how I can relate to how she is feeling and what she is going through. I would leave out my beliefs and values but simply let her know that I too was a teen mom and I was able to overcome the challenges that come with being a teen mom. To let her know it is still possible for her to have a successful life and not feel so defeated. I feel relating to Simone would help me to not be so oppositional to her beliefs that her life has to be this way because she’s a teen mom(Wade, 2016). The second strategy that I might implement may be, to remind myself to remain completing objective when counseling Simone, even though she has different values and beliefs than my own, it does not mean her values and beliefs are wrong(Wade, 2016). It may help to remain objective to dig deeper into Simone’s values with her and see why she values and believe certain aspects of life instead of others(Wade,2016). Understanding her reasoning more may help me to become more understanding and in turn I could be more objective. Conclusion

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RESPONDING 10 Throughout the entirety of this paper we reviewed the case of Simone, we were able to explore the seven-step model to making ethical decision in the counselling profession. We took a look at the model and how it was relevant to Simone’s case and how we would apply this model to Simone’s case. The readers were also able to take a look into how we would address the cultural and development side of the case. Finally, we ended with reviewing my own personal beliefs and values and what strategies would be used to overcome these beliefs within the counseling of Simone. The readers also were able to discover that making and ethical decision in counseling a client is not an easy process or one that should be taken lightly, there are a lot of possibilities and consequences to consider.

RESPONDING 11 References American Counseling Association (2014). ACA 2014 Code of Ethics. Alexandria, VA Barnett, J. E., & Bivings, N. D. (2017, July 14). Culturally Sensitive Treatment and Ethical Practice. Counseling Across Cultures . Forester-Miller, H., & Davis, T.E. (1996). Practitioner's Guide to Ethical Decision Making. American Counseling Association . Montgomery, J.A. (2014) Theories of Counseling and Therapy . Remley, T. P., Jr., & Herlihy, B. P. (2016). Ethical, legal, and professional issues in counseling (5th ed.). Upper Saddle River, NJ: Pearson Education. Wade, M. E. (2016) Handling Conflicts of Personal Values. ACA Ethics Department .

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