Ethical and Legal Issues in Counseling Children and Adolescents

Teri Ann Sartor, Bill McHenry, Jim McHenry

• Publisher: Routledge
• Year: 2016
• ISBN:
  9781317337904
• Edition: 1
• Topic: Psychology
• Subtopic: Psychotherapy
• Index: Psychology

Ethical and Legal Issues in Counseling Children and Adolescents provides counselors and other professionals with clinical cases and accurate, up-to-date information on both ethical standards and case law. Chapters take a comprehensive, developmental approach to legal and ethical decision making when counseling children and adolescents, one that presents each chapter topic from the perspective of an adult and then explores accommodations important to children and adolescents. The book is a vital resource for faculty who recognize the limited scope with which other texts cover the topic and for practitioners looking to better understand the legal and ethical concerns around working with young people.

Introduction to the Unique Legal and Ethical Challenges When Counseling Children and Adolescents

Bill McHenry, Jim McHenry, and Teri Ann Sartor

Welcome

While doing research for another book dealing with counseling children and adolescents, we were struck by the paucity of material available on ethical aspects of dealing with that particular age group. At best, there are only a few books that attempt to deal with the topic. This dearth of literature and the ever-growing focus of credentialing and licensing agencies to require coverage of ethical principles and practices inspired the volume you presently hold in your hands. Our aim is to help both beginning and advanced counselors deal more effectively and more ethically with today’s children and youth.

Each of your authors has worked not only as a counselor with this age group, but also as a counselor educator charged with training counseling students in classes such as Counseling Children and Adolescents and Play Therapy. Additionally, we have also invited a number of author practitioners to share their expertise and experience from a diverse number of perspectives. We recognize, of course, that even with what we regard as an excellent team of writers in place, no book can provide definitive answers to the unique questions posed by difficult cases. Hopefully, however, this volume will help your efforts to become a more effective and ethical counselor.

What Will Be Covered?

In Chapter 2, we will address some of the larger scale issues that counselors face when working with youth. Specifically, we will discuss informed consent, reporting abuse/neglect, handling subpoenas, and an ethical decision making model.

In Chapter 3, we will address some of the vital elements to the ethical decision making process inherent within the counselor such as supervision/consultation, self-care, personal views on medications, and diversity issues.

In Chapter 4, Dr. Trigg Even will cover the similarities and differences inherent in the two unique and distinct roles of clinical mental health counselors and professional school counselors. Understandably, the two roles have divergent ethical mandates and legal constructs in relation to case notes, confidentiality, and the primary goal of the counselor.

In Chapter 5, Dr. Don Redmond will cover the multitude of different legal, ethical, and professional issues in the area of residential treatment center care for children and adolescents. Inherent in working with this special population are topics such as adolescent groups and social, emotional, and behavioral difficulties populations. Specific attention is paid to the interaction between residential treatment centers and the legal system.

In Chapter 6, Dr. Cyndi Mathews will cover the potentially challenging issues that a counselor may face when working with lesbian, gay, bisexual, and transgendered children and adolescents. Topics in this chapter range from confidentiality to self-harm/suicidal ideation.

In Chapter 7, Art Therapist Andrea Davis will cover the legal and ethical issues that can occur when using expressive arts approaches with teens and children. This chapter discusses issues ranging from competency to scope of practice to information “discovered” through the use of approaches such as art, music, and bibliotherapy. Additionally, specific codes of ethics for these specialty areas will be referenced along with best practices.

In Chapter 8, Dr. Darren E. Dobrinski and Dr. Joseph R. Engler will cover the necessary and mandated rules and guidelines around the proctoring and interpretation of formal tests and assessments with this population. Professional standards pertaining to intelligence tests, personality profiles, diagnostic tools, and projective techniques will be covered.

In Chapter 9, Brian Peterson will cover the legal and ethical issues that surround reporting of abuse/neglect. This chapter will discuss the function and role of the counselor within investigations and the overall investigation process from the view of the investigator.

In Chapter 10, Drs. S. Dean Aslinia, Amir Abbassi, and M. Sarfaraz Khan will cover the inherent value of consulting with psychiatrists. In this chapter, issues such as medications, diagnoses, and the medical model will be reviewed.

In Chapter 11, Laurel Clement, JD, will cover the processes and procedures involved in providing courtroom testimony. Because the process can be overwhelming, taxing, and at times quite intimidating, this chapter will cover both pragmatic and specific examples of what to expect. Further, the author will address the ways to serve your client throughout the legal process.

In Chapter 12, Drs. Kathryn MacCluskie, Stephanie S. J. Drcar, and Darnell L. Robinson will discuss the role of technology as it pertains to legal and ethical professional conduct by counselors. Attention and details will cover cybercounseling, data protection, asynchronous services, and current case law.

In Chapter 13, Dr. Salene Cowher will address the resources counselors can use when faced with ethical and legal questions regarding their work with children and adolescents.

In Chapter 14, Dr. Teri Ann Sartor will address high-profile cases that have provided clear interpretations for counselors to understand when considering the legal interpretation of ethical and legal practices. Both historic and current cases will be reviewed in relation to reporting abuse, confidentiality, and the release of case notes.

What Is Not Covered in This Book

The work of a counselor is often done one-on-one, in the trenches as it were. As such, a practitioner’s personal experiences and personal codes of moral behavior often come into play, both good and bad. Further complicating the work is the fact that there is also a seemingly endless array of possibilities open to a counselor as to how he or she chooses to work with the client. While these possibilities offer opportunity for both creativity and optimal growth, they also open the door to both interpretation and misinterpretation of ethical and legal mandates. Indeed, we have found some of our most challenged students and supervisees to be those who (for whatever reasons) failed to know, consider, or act in accordance with prescribed guidelines. For example, we have seen counselors try to justify their attempts to adopt clients (in spite of knowing our rules about keeping professional boundaries with our clients) because “no one else will care for them like me.” One vital aspect here is that there is a major difference between using the appropriate resources (e.g., code of ethics, literature) to inform the ethical decision making process and simply using them to justify a preconceived decision the counselor (or you have) already made.

So indeed, whether you are new to the field or a veteran counselor, you need to fully recognize that issues the client brings to the table do not always lend themselves to quick and easy solutions. Our field does not have a specific method for treating depression, anxiety, schizoaffective disorder, and so on. So, too, our ethical and legal mandates and necessary constraints vary across different cases as the multitude of different variables complicates decisions. Counselors then must learn to deal with ambiguity being a significant aspect of their professional roles.

As a consequence, a counselor must understand that self-care is also a vital aspect of the professional and, indeed, ethical role. As a counselor, you will experience dissonance, a lack of clarity, and probably even the pain of real uncertainty related to some cases. And while we have already indicated some strategies that often help here—taking time to reflect on the issue rather than attempting the quick cure, consulting with other professionals, and so on—it is imperative that you develop your own strategies that will work best for you. Counselor self-care is extremely important. Personal attention to your approach and ways of working with clients are also ongoing and critical ingredients. Attending to these factors is your responsibility.

We are limited in what we can offer you in this book. We cannot simply transfer our hard-earned battle scars of knowledge, our mistakes, and the lessons we have learned from working with clients. Somehow, as with the many other aspects of the counseling profession, legal and ethical issues specific to children and adolescents require consistent study, maintenance of awareness, and a well-centered approach.

This is the profession you chose and the professional world in which you will hopefully succeed. Although we will address personal factors from your end, or at least the counselor’s end, it is up to each and every counselor to persist and move toward the best ethical and legal decisions he or she can make to benefit clients. Awareness of self is most likely as important as knowing the rules that are to be followed.

Why We Wrote This Book

Variability and variety offer counselors great resources when working with clients. We wrote this book because we believe there is a gap in the literature that has caused therapists working with children and adolescents to often rely primarily on their own counsel when confronted with ethical and/or legal crossroads.

This book is an adjunct to professional practice, a supplement to the knowledge, awareness, and skills that counselors develop throughout their professional practice. Recognizing such, we are happy to share with you not only our voices and knowledge, but also those of many other professionals who have expertise in specific areas of practice. Our common, shared goal is to better arm you with information to more effectively serve the clients you work with. Therefore, in essence this book arrives in your hands to help those who come to you in need—the children and adolescents you serve.

Ethics of Working With Children, Adolescents, and Their Parents

Teri Ann Sartor, Bill McHenry, and Jim McHenry

At first blush, the ethics of working with children, adolescents, and their parents/guardians (the last two terms will be used interchangeably) can seem to be clear and straightforward. However, upon further investigation, this critical element to the therapeutic process can be quite complex. Truly, words like challenging, multidimensional, and complicated are a bit more accurate. In working with children and adolescents, counselors must remember not only their responsibility for the minor client but also their accountability to the guardian. This additional aspect adds a new dimension to legal and ethical issues. Because guardians are sometimes the ones requesting counseling, counselors need to be open to working with and consulting with parents on a regular basis. Furthermore, counselors should also be aware of the varied and various shades of gray that may be found within these various relationships. Often we find there is no singular, definitive answer, but rather multiple options with a myriad of outcomes.

As your basis, of course, you should refer to the ACA Code of Ethics (2014), as it will be referenced numerous times throughout this book. However, in considering ethical issues involved in working with children and adolescents and their guardians, specific ethical issues often emerge. Consequently, definitive answers and clear decisions on the unique characteristics of individual cases you will face may not be provided. Additionally, of course, you should also always consider consultation with other professional counselors, especially those you consider proficient, seasoned veterans who work with children and adolescents.

The very first place to start in all counseling relationships is the negotiation and clarification of the consent to treat.

Consent

With all counseling relationships consent is a critical part of the process. Because of difficulties that arise when working with children and adolescents, counselors need to ensure parents are informed from the outset of the child’s rights and the guardian’s rights within the counseling process. The informed consent document formally grants permission enabling treatment to occur among client(s) and counselor. This document delineates the counseling process and the relationship between the child/adolescent client and counselor as well as the parent/guardian and counselor. Beginning counselors are often confused or unaware of what is detailed in the informed consent document and how it should be explained to the client. We have found this process takes practice and knowledge of the value of taking the time to thoroughly explain the consent document. Even in cases and situations where children or adolescents cannot provide legally binding consent, it is still important to cover the facts and information about consent to treat.

Detailed within contents of the informed consent is the counselor’s information to include, where applicable,

• professional name and place of business;

• contact information;

• professional licensure number, issuing state, and when obtained;

• professional certifications;

• education and training experience;

• explanation of the counseling process, types of counseling offered, and theoretical orientation to allow the client to know what to expect;

• risks associated with counseling;

• the state board contact information for filing a complaint (if necessary);

• child and parental/guardian rights;

• insurance and payment information;

• limits of confidentiality; and

• the name of the child or minor along with the names and signatures of the minor’s guardian and counselor.

Clearly, this is a lot of information for an adult to consume in one sitting; much less for a child or teen to understand and absorb. A difference does exist, however, between simply getting the informed consent signed and actually informing the child/teen and his or her parent(s)/guardian(s). Because the cornerstone of counseling is based on trust, counselors should strive to obtain consent that really is informed. Actually, therapeutic value and rapport may be augmented when this process is done correctly. Conversely, of course, when the form is simply handed to a parent/guardian to sign without explanation, mistrust and/or disrespect may be felt on the part of the receiving party. Of course, at times, counselors may be working with parents/guardians who are either slow readers or illiterate. In such cases, without verbally explaining the document and the services/consent to provide services, such parents/guardians may be left in the position of expressing a potentially embarrassing issue or simply signing.

For counselors-in-training or interns, the supervisor’s name and contact information must be included for the caregivers’ reference. This is vital and professional be...

Table of contents

• Cover
• Title
• Copyright
• Dedication
• Contents
• About the Authors
• Contributing Authors
• Preface
• Acknowledgments
• 1 Introduction to the Unique Legal and Ethical Challenges When Counseling Children and Adolescents
• 2 Ethics of Working With Children, Adolescents, and Their Parents
• 3 Understanding How Personal and Professional Struggles Contribute to Practice
• 4 The Ethical and Legal Differences and Similarities of Working With Children and Adolescents in Clinical Mental Health Counseling and Professional School Counseling
• 5 Ethical and Legal Issues in Adolescent Residential Treatment, Adolescent Groups, and Working With Severe Emotional and Behavioral Disorder (SEBD) Populations
• 6 Legal and Ethical Issues in Counseling LGBTQ Children and Adolescents
• 7 Professional and Ethical Use of Expressive Arts
• 8 Legal and Ethical Issues in Administering and Interpreting Tests and Assessments With Children and Adolescents
• 9 The Ethical and Legal Boundaries All Counselors Must Understand in the Process of Reporting Abuse/Neglect and Not Tainting Legal Investigations
• 10 Working With a Psychiatrist While Counseling Children and Adolescents: Ethical, Legal, and Practical Considerations
• 11 Navigating Legal Issues and Serving Your Client
• 12 Technology: Relevance to Ethics With Minors
• 13 The Importance of Networking/Webbing
• 14 Challenging Cases
• Concluding Thoughts
• Multiple Choice Questions
• References
• Index