Legal Responsibilities

You are a school counselor and Sean has disclosed some privileged information
regarding his safety and others safety. These are issues within the guidelines of
counseling and essentially what you are there to work on. Though ethics are important in
counseling we also have to consider, what are your responsibilities in this particular case
legally? Sean is at risk for self-harm and legally you are responsible for making a sound
legal decision to prevent more self-harm, to adhere to the law of negligence due to his
minor status and within these legal considerations one must remain culturally competent.

Confidentiality
The ASCA states, Privileged communication is given to students in statute. In the
majority of states, school counselors are required to testify in court proceedings. In this
case you have not been required to testify, there is a reward for information but that
information has not been brought to your specific attention, as a requirement and court
proceedings havent occurred because the shooter is on the run. Confidentiality to a
school counselor is the first priority after your clients safety should be treated as such
even in court and legal proceedings. Although school counselors have confidentiality
requirements, they cannot deny the courts their testimony unless their students are
expressly given privileged communication in state statute or they are successful in using
their ethical codes. Even when the statutes grant privilege for the school
counselor/student relationship, the statute often contains exceptions and caveats allowing
a judge to determine when the needs of the state outweigh the privilege (ASCA,2014).

B.1. Respecting Client Rights

B.1.a. Multicultural/Diversity Considerations
Culturally competent: In regards to cultural competency the ACA Section B
confidentiality and privacy states, Counselors maintain awareness and sensitivity
regarding cultural meanings of confidentiality and privacy. Counselors respect differing
views toward disclosure of information. Counselors hold ongoing discussions with clients
as to how, when, and with whom information is to be shared (ACA, Section B,2014).
Sean has expressed openly that he does not want you to tell, and that this information can
be detrimental to a healthy relationship, his cousin going to jail and his access to him, and
to his own meaning of life and living. With the stance the counselor chooses one could
revisit the cultural implications of your decision to breach confidentiality or not in court
if subpoenaed and what your decision meant to Sean. Maintaining awareness as to what it
means to Sean, what it means to breach confidentiality and the sensitivity cultural
implications requires regarding legal action. Though there are differing views on the
actions that can be taken regarding Sean, your informed, culturally competent decision is
the one that makes the sound choice legally to go to authorities or not.
B.1.c. Respect for Confidentiality
Counselors protect the confidential information of prospective and current
clients. Counselors disclose information only with appropriate consent or with sound
legal or ethical justification (ACA, Section B, 2014). The justification here would be at
the counselors consent, but is not a mandatory obligation by law or code and does not
have sound ethical justification because a supervisor has not been made mandatory to be

contacted by law. Dealing with a client like Sean, who was just released from a
psychiatric hospital and is a minor, what is the healthiest route? Your decision is a more
sound decision regarding their mental state, but effects their trustworthiness with a loved
one who prevents them from harming themselves. In this clients culture, silence in this
matter is more important than right and wrong but you also know their determination of
right and wrong are in question due to their recent hospitalization. In the end the
counselors first priority, by law and by HIPAA is to protect the confidentiality of the
client and the privileged information disclosed.
Negligence: The law of negligence involves injury or damage to another through a
breach of duty owed to that person. Duty owed is a legal responsibility one person has to
another, such as a legal responsibility to drive with care so you do not injure another
person. Negligence requires the presence of four elements: (1) a duty is owed, (2) the
duty owed was breached, (3) there is a causal connection between breach of duty and
injury and (4) an injury has occurred (schoolcounselor.org quote needs to be put into
apa). In Seans case all of these factors are present. As a school counselor there is no
question duty is owed to the client first and foremost, but the information disclosed has
brought into account the life of a man in critical condition and the safety of the
surrounding neighborhood in which the crime had occurred. This is where duty owed
becomes more blurred, taking into account the amount of people potentially at risk and
making sure the decision is not negligent for all parties involved. Sean has expressed and
given the context that his cousins well being is related to his injury in the terms of him
not harming himself anymore. Legally if Sean were to harm himself due to breach of duty
we can determine that is a causal connection, the dilemma is that the neighborhood is in

potential danger due to his cousin being at-large and if he harms others then we can also
determine a causal connection due to withholding the privileged information. Although
the well-being of many people are at stake in this dilemma, it reflects the ethical and legal
considerations a counselor has to take into account with every decision regarding safety
and duty owed. The counselor must choose legally if duty owed to Sean, who is the client
and a minor, takes precedent over potential harm done to others. Once that decision is
made, if subpoenaed and made to testify regarding negligence one must have that
determination, proper legal advice, and stick to the stance previously chosen regarding
Sean.
This dilemma takes into account legal responsibilities like confidentiality,
negligence, cultural considerations in practice and duty to warn as in Tarasoff v. Regents
of the University of California 551 P.2d 334 (1976). Duty to warn refers to the
responsibility of a counselor or therapist to breach confidentiality if a client or other
identifiable person is in clear or imminent danger. In situations where there is clear
evidence of danger to the client or other persons, the counselor must determine the degree
of seriousness of the threat and notify the person in danger and others who are in a
position to protect that person from harm (Herlihy & Sheeley, 1988; Pate, 1992). In this
case as in Seans case the client is in danger and potentially others, and whose duty is it to
warn and to whom shall be warned. The concept and law that came out of this is duty to
warn and along with the previously mentioned legal responsibilities of the Seans
counselor gives insight and truth to the legal considerations involved in counseling and in
this case school counseling.

References

http://www.schoolcounselor.org/magazine/blogs/september-october-2013/suicide-err-onthe-side-of-caution (need help with APA)

-2014 ACA code of ethics( dont have link just pdf)
- Tarasoff v. Regents of the University of California 551 P.2d 334 (1976)
- Herlighy, B., & Sheeley, V.L. (1988). Counselor liability and the duty to warn: Selected
cases, statutory trends, and implications for practice. Counselor Education and
Supervision, 27, 203-215.

My Opinion
In my opinion having come from a culture where silence is golden when
regarding loved ones and loved ones are who your allegiance is too no matter what, I
wouldnt disclose information unless subpoenaed by the courts. I would let the client
know that if I am subpoenaed how the proceedings work and inform them on the gravity
of the situation. I would also lay the options out on the table as to what each action means
and let them know how I am going about it and if they approve. Because my allegiance is
to them, to hold rapport and be an advocate I would also inform that client not to tell
anyone else of the information shared with me as to not put themselves in any level of
danger or stress and prevent a situation for self-harm.