In many cases when the counselor is left to choose the right course of action in regards to confidentiality, the outcome will inevitable benefit the client. While there are legal precedents that allow some flexibility in considering minors as mature for some purposes, many guidelines cross jurisdictions.
After listing information concerning their primary employment setting as "mental health counselor," "community agency counselor," or "other," respondents were asked to consider if they would breach confidentiality by choosing "would likely breach," "would not breach," or "uncertain" for each of eight scenarios applied in separate items first to year-olds, then again to year-olds, and again to year-olds.
However, counselors constantly struggle between the ethical obligation of privacy to their minor clients and their legal obligation to the parents of the same minor clients to keep their child protected and safe. However, a counselor cannot promise a minor that information will be kept from a parent who has legal custody.
Recommendations are made concerning future research and clarity of policies. Research and Practice, 16, The School Counselor, 37, The issue of personal values also comes into play with regard to abortion advice.
Bowen Theory encourages the therapist to look into the Family of Origin to examine the interlocking relationships. Most oppressed Indian women inevitably choose not to react for fear of being ostracized by their own family and community. Transcultural Issues in Counseling As a counselor, we will be working with clients from various cultures.
Asians generally seek familial help when they have problems. Confidentiality is further complicated when the client is a minor. Further research is warranted to identify the developmental benchmarks used by counselors in affording autonomy in making decisions without involving families or other adults.
While counselors predict caution in breaching and thus protect their counseling relationships, we know little about how minors see counselor behavior or trust counselors to breach only in their best interests. The new Health Insurance Portability and Accountability Act regulations also contain many relevant guidelines concerning the disclosure of electronically stored and transmitted confidential information.
People of the minority race should be treated fairly and equally. There may also be times when a counselor will be mandated to disclose information. Jennifer related her early experience: An attitude of flexibility toward confidentiality offers the ability to be adaptable to various situations, but throws the counselor into the nebulous area of trying to negotiate the balance of ethical and legal dictates.
Journal of Counseling and Development, 64, Confidentiality issues involving minors can be particularly challenging. Ethics guidelines, laws, regulations, agency policies, and clinical judgment sometimes conflict, thus creating a. Minors’ Rights to Confidentiality, When Parents Want to Know: An Ethical Scenario Beth Brooks, Karen Fiedler, Jayme Waddington, and Katharine Zink Regarding the issue of minors consenting to counseling, Consuela again turns to the statutes.
A minor who is “fifteen years of age or older, whether with or without the Minors’ Rights. in the confidentiality privilege" (Everstine et al.,p). Undoubtedly, breaking confidentiality in any case can interfere with the trust between client and professional and make it difficult to help the client.
Describes the results of research that explored how mental health counselors consider the confidentiality of minors and conditions under which they would breach it. Minors The primacy of confidentiality is clear in the codes of ethics and standards of practice for the American Counseling Association (ACA) and the American School Counselors.
The original Confidentiality and Minors Questionnaire, designed by the authors based on information from current court decisions and legislative mandates about managing confidential information, was revised into the Survey of Counselor Attitudes to Breaching Confidentiality with Minor Clients.Download