Code of Ethics Scenario
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Apr 3, 2024
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Code of Ethics Scenario
Anna K. Soeiro
Northcentral University
MFT-5102 v5: Legal, Ethical, and Professional Development in Marriage and Family Therapy
Dr. Pink
September 18, 2022
Scenario Presented on Today’s MFT Blog
You have been working with Alan and Shelley for the last three months to address issues in their marriage. Recently you saw their two young children, ages 10 and 8 for three sessions at the request of both parents to help the children cope with their parents' frequent arguments and fighting. In your most recent session with the parents, they report that they are separating, and Alan wants to view your therapy notes with the children. He also threatens to subpoena your therapy records in the future custody battle if you do not oblige now. Your notes contain confidential information about your sessions as well as the children and their parental preference in terms of who to live with should a custody issue arise. You let Alan know that you will discuss
the therapy sessions with him and Shelley once you have addressed it with the children. At this time, you refuse to share any of your notes.
So students, today we will be discussing the above situation and answering the following:
How will you, as their therapist, proceed with the situation and handle the request?
Describe which ethical and legal principles are applied to this situation.
Describe how ethical and legal principles are applied to this situation.
Before we begin, I want you to read the following quote: "The training of the family therapist requires attention to ethical issues as well as to techniques. Self-awareness and social responsibility are important parts of the professional ethics of therapists. By demanding ourselves in our professional role, we may be more reasonable toward our patients. (FIELDSTEEL , 1982, P. 267)" Think of some ways you have had to stretch in, say, your role as a friend or family member. Have you ever wanted to tell someone something you were told in confidence? What about gossip? Have there been times that maybe it was difficult to bite your tongue and not "spill the tea"? Now, considering that humans sometimes enjoy comradery in knowing certain things, understand that you will now be seen as a leader of confidentiality and relationships in the professional world.
Considering the above scenario, I would suggest that you proceed with the request by referring Allen to the Code of Ethics and explaining that this is not your decision but a set of tools for therapists that govern therapeutic relationships. Furthermore, the parents have stated that they will be separating thus, there is no need to assume a custody battle will ensue. Additionally, just as a lawyer has limited ability to disclose information, you assume Allen would
appreciate the same ethics to be followed on his behalf. We would discuss the ethical and legal principles guiding this decision if Allen needed more assurance. One of the guides is Standard II,
Confidentiality, and more specifically, 2.1 Disclosing Limits of Confidentiality which states: "Marriage and family therapists disclose to clients and other interested parties at the outset of services the nature of confidentiality and possible limitations of the client's right to confidentiality. Therapists review with clients the circumstances where confidential information
may be requested, and disclosing confidential information may be legally required. Circumstances may necessitate repeated disclosures." (American Association for Marriage and Family Therapy, 2015)
In the AAMFT Code of Ethics, 2.3 Client Access to Records states that a therapist does not provide records: without a written authorization from each individual competent to execute a waiver. In this case, the children would be considered not competent because of their young ages and though you will, of course, comply with any legal request for documents as requested. Limits of confidentiality are discussed and agreed upon at the beginning of therapy, further protecting you from having to turn anything over to Allen. Furthermore, no "serious harm to the client" (Advanced Solutions International) will occur by withholding these notes, so you have no
duty to give them to Allen.
Lastly, the "how" of the situation in terms of ethics and law is this-The secrecy of the children is one of the most significant considerations when applying ethical and legal concepts to
this circumstance. The same level of secrecy that applies to parents should also apply to children.
The children's therapy should be conducted separately from the evaluation process. Regarding this specific issue, all rules in the code of ethics should be adhered to in every way.
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References
American Association for Marriage and Family Therapy. (2015). Code of ethics
. https://www.aamft.org/Legal_Ethics/Code_of_Ethics.aspx
Issues and Ethics in the Helping Professions, Corey, G., Corey, M. S., & Corey, C. (2019). Issues and ethics in the helping professions
. Cengage Learning.
Ethical, Legal, and Professional Issues in the Practice of Marriage and Family Therapy, Updated Edition.