COU 606 Ethical Standards and Professional Practices

Summer 2010

Final Exam
 1. Mary is a rape crisis counselor in a crisis center. She has a client of
Chinese descent whom was raped. She has seen this client over a two
month period. Mary and the client have developed a good relationship.
Mary received a subpoena from the court for the client’s record (the
defense attorney of the individual accused of the rape wants access to the
records). Define the ethical dilemma. Second, how would Confucian ethics
and Utilitarian ethics interpret the situation (apply relevant concepts) and
finally what professional codes of ethic apply?

The ethical dilemma that Mary face is that the defense attorney is probably
asking for her clients his to build a defense that he client may have had behavior
in her past that could show that what happened is her client’s fault and that this
could be a pattern that her client exhibits under certain circumstances. Mary must
Mary is faced with either giving up the information and perhaps harming her
client by breaking her confidentiality between herself and the client or by not
abiding by the subpoena that she was served by the court. What should she do
damage her client counselor relationship or abide by the law? That is what she is
faced with.

How would Confucian ethics interpret the situation? Looking at Confucian ethics
one looks at how close a person’s relationship is to someone as the basis of how
acts towards that person in an ethical manner In other words, you owe your
family everything, but you owe nothing to strangers. Based on this Mary owes
more and has an obligation to her client than to the defense attorney that is
asking her for her clients records. Based on Li “ standards of acceptable
behavior” and Ren “ the ideal relationship between human beings” (Houser,
Wilczenski &Ham 2006) I feel that Mary’s decision is an easy one, even if she
was to look at her relationship to her client in as a personal one once again she
owes her client far more than she owes to the defense attorney, plain and simple
she has no obligation to submit the records to someone who she has never met
and two months with her client take precedent.

How would Utilitarian ethics interpret the situation? Well would more people be
happier if Mary was to give the files to the defense lawyer? Or would more be
happier if she was to withhold her client’s records? The affect that Mary actions
would have if she turned the files over it could benefit the defendant, the defense
could win its and Mary’s client could decide never to go back to Mary for
counseling and may not trust anyone ever again based solely upon this one act.
Clearly Mary would have to weigh both sides out before being able to make her
decision. Mary does not have to take into account her relationship to her client
under Utilitarian ethics "the greatest good for the greatest number of people
(Jeremy Bentham An Introduction to the Principles of Morals and
Legislation 1789) Is what Mary would have to ask herself and based on that
she was looking at stale mate in my opinion, Mary would have made her client
happy if she did not hand over the files and would have disappointed the defense
lawyer and his client but she would have disappointed the prosecutor and her
 client if she had therefore under Utilitarian ethics Mary would not have been
helped

A Method of Calculating Utility

Action Number affected Units of utility Total
Act 1: Turn over the Mary 1 202
files Prosecutor 1
Defense 100
Defendant 100
Act 2:Do not turn Mary 100 202
over the files Prosecutor 100
Defense 1
Defendant 1

Professional Code of ethics

Introduction
Counselors recognize that trust is a cornerstone of the counseling relationship.
Counselors aspire to earn the trust of clients by creating an ongoing partnership,
establishing and upholding appropriate boundaries and maintaining
confidentiality. Counselors communicate the parameters of confidentiality in a
culturally competent manner.

B.1.Respecting Client Rights

Respect for Privacy

Counselors respect client rights to privacy. Counselors solicit private information
from clients only when it is beneficial to the counseling process

B.1.c.Respect for Confidentiality

Counselors do not share confidential information without client consent or without
sound legal or ethical justification.

B.2. Exceptions

B.2.c. Court-Ordered Disclosure

When subpoenaed to release confidential or privileged information without a
client’s permission, counselors obtain written, informed consent from the client or
take steps to prohibit the disclosure or have it limited as narrowly as possible due
to potential harm to the client or counseling relationship. (American Counseling
Association Code of Ethics, www.counseling.org viewed 2010)
I feel that based on the codes of ethics, established by the ACA that Mary would
not have to provide the court with any information pertaining to her client, she
would need to find out what the laws are in her state and seek legal advice and
have to notify her client as to what is going on I would think before giving any
information to anyone. For example in the state of California the following would
apply.

In such a case, if your therapist receives a subpoena from an attorney to provide

copies of your clinical records, the therapist must claim privilege for you (per CA
Evidence Code § 1015), and you

may waive privilege and allow the therapist to provide the subpoenaed
information; or

may invoke privilege and refuse to allow the release of information. In this case,
the trial judge will determine whether your therapist must release information—
and the judge can issue a court order which your therapist must obey, despite
your protests. (http://www.guidetopsychology.com/confid.htm)
 2. Jane is a school counselor in a high school and she is Catholic. One of the
students she sees has bruises on her arm; the student is 15 years old.
When asked about the bruises the student initially states her father
grabbed her because she was talking back to him. After Jane stated she
may have to file a report with the Department of Social Services, the
student changed her story and said one of her friends had grabbed her.
What is the ethical dilemma? Discuss a hermeneutic decision-making
model with this case. Include in your discussion at least one ethical theory
that may apply and justify using this theory.

Ethical dilemma
Does Jane report what she suspects may be child abuse? Or does she take the
word of her student who has changed her story only after Jane informed her that
she may have to file a report with the Department of Social Services?
Jane may risk her relationship with this student and cause the student to shut
down but if she says nothing the student may get seriously hurt.

The Child Abuse Prevention and Treatment Act (CAPTA)—Federal

Guidelines

• Under the Federal Child Abuse Prevention and Treatment Act (CAPTA)
passed in 1974, all 50 states have passed laws mandating the reporting of
child abuse and neglect.
• CAPTA provides a foundation for the States by identifying a minimum set
of acts or behaviors that characterize physical abuse, neglect and sexual
abuse.
• These laws vary from state to state.
• Each state is responsible for:
o Providing its own definition of child abuse and neglect.
o Describing the circumstances and conditions that obligate
mandated reporters to report known or suspected child abuse.
o Providing definitions for juvenile/family courts when to take custody
of the child.
o Specifying the forms of maltreatment that are criminally punishable.

I don’t feel that there is an ethical dilemma, Jane as a school counselor is a

mandate reporter in the United States Approximately 48 States, the District of
Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto
Rico, and the U.S. Virgin Islands designate professions whose members
are mandated by law to report child maltreatment. Individuals
designated as mandatory reporters typically have frequent contact with
children. Such individuals may include:
1. Social workers
2. Teachers and other school personnel
3. Physicians and other health-care workers
 4. Mental health professionals
5. Childcare providers
6. Medical examiners or coroners
7. Law enforcement officers
Standards for Making a Report
The circumstances under which a mandatory reporter must make a report vary
from State to State. Typically, a report must be made when the reporter, in his or
her official capacity, suspects or has reasons to believe that a child has been
abused or neglected. Another standard frequently used is when the reporter
has knowledge of, or observes a child being subjected to, conditions that would
reasonably result in harm to the child. Permissive reporters follow the same
standards when electing to make a report.
(http://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.cfm)
Therefore I feel that although the student changed her story Jane has an
obligation to report the bruises to the authorities. Also following the ACA code of
ethics
B.2.a. Danger and Legal Requirements
The general requirement that counselors keep information confidential does not
apply when disclosure is required to protect clients or identified others from
serious and foreseeable harm or when legal requirements demand that
confidential information must be revealed. Counselors consult with their
professionals when in doubt as to the validity of an exception. Additional
considerations apply when addressing end of life issues.
Where I don’t feel that it is necessary to apply any of the theories to this dilemma
since this seems to me a very cut and dry incident, the one that I would apply is
the Natural Law, if one applies natural Law to this dilemma one would have to
report the issue to the authorities, morally the counselor under natural law would
have a moral obligation to report the issue As it states in Dr. Houser’s book”
Natural Law leads to a personal ethic- a duty to oneself- and a social ethic-duty
to others.” Jane has a responsibility to her student to report this although it may
not have been meant to be abusive the fact that she saw the bruises on the
students arm could be seen as a warning sign of future abusive treatment and if
it was a one time thing the parent needs to be told that such behavior will not be
tolerated and will be investigated. As an ESL teacher I deal with parents from
different cultures and in some of those culture discipline their children in a
physical manner, knowing this I must be sensitive to things that may occur in
their homes but the fact that this child came in with these bruises and changed
her story after she was notified that the it would have to be reported to the
authorities my natural instinct would be to tell someone if not the authorities then
I would make a point to tell my principal I would not turn a blind eye to it. I have a
duty to say something if not the authorities at least to my principal.
I must be honest I would not hesitate to report this it would not be a dilemma at
all, I would obviously do my due diligence and find out more information but I
would not be able to live with myself I did nothing and something more serious
was to happen.

3. Discuss the differences or similarities between your initial views at the

beginning of this course with regards to ethical decision-making and the
hermeneutic model of ethical decision-making. Be specific in identifying
differences and similarities.

The difference
The difference I feel between the way I made ethical decision’s and the
hermeneutic model of ethical decision-making, is that before I took this class I
would make an ethical decision based on a very quickly and un-though process, I
feel with the hermeneutic model the approach is much more than just making a
list of the pros and cons and not just doing something because that is what will
be better for you, it allows you to make a decision by looking at every factor
before reaching a final conclusion. When making an ethical decision it can feel
like there are a hundred little messages spinning around inside your head. Then
in a split second I review the facts, explore my feelings, look over the
consequences, and weigh the options against my beliefs and values and I make
my decision. The hermeneutic model looks at all sides of a dilemma and makes
you look at it form different perspectives which is it allows you apply different
theories to an ethical dilemma which is something I must admit I did not do.

The similarities
Although I may have come to quick and a majority of the time one sided ethical
decisions, similar to the hermeneutic model my views are that ethical decisions
are made by using a set of standards that tells me how I should behave. I feel
that if a person has strong character they live some sort of a code of ethics.
Another thing that I follow is looking at the professional codes of ethics whether it
is teaching, coaching or my professional life I would always look at the
professional ethics of that particular job, I feel that abiding by these rules or code
while in the work place are key to helping one understand their working
environment much more and gives one something more to than just their
personal view in making decisions, you have guidelines as to how you should
act in the work place and when working with others, similar to sign a non
disclosure when working for a chemical company.
One statement in the Dr. Houser book “The hermeneutic approach is flexible
culturally sensitive approach to ethical decision -making “ is something that I do
use when it comes to teaching and especially working in the field that I do
ESL(English as a Second Language) I must always be flexible and culturally
sensitive working with the students and the parents of those students because I
work with such a wide variety of people from different cultures and who’s values
are very much different from mine.
Overall being introduced to the hermeneutic model it has educated me to look at
ethical problems and expand them instead of just thinking that my values or
beliefs are all I need to resolve a problem, the hermeneutic model give you
alternatives to be able decipher and analyze a problem and come to a better and
more thought answer. From the start of this class to now I can honestly say that
using this approach in my professional life coming to conclusions to problems will
be more of a thought process than just following my “gut” instincts allowing me to
study the problem from all angles and reaching an educated fix, will I use it all the
time probably not but it is definitely one more way to handle things than my
traditional way of thinking. There are times that I tend to over think things and this
will make easier.

4. A colleague is sharing confidential information about a client from a

counseling session in a staff lunch room. Discuss the ethical dilemma and
how you would make a decision on what to do based upon a hermeneutic
model of ethical reasoning.

Ethical Dilemma:
Do me as a counselor report that a co-worker is being unprofessional in
discussing something that was told to them in private, the fact that this person is
talking about a client in a relaxed environment is troubling. If this person was
discussing the matter and was seeking advice would be one thing but to be
sharing this information and treating it matter of fact, do I report this person to my
supervisor or do I say something to them and risk my professional relationship?
When consulting with colleagues counselors should not disclose confidential
information that could lead to a client as being recognized and they have not
informed a client that they will be sharing the information because they are
looking for another opinion in order to help the client.

Introduction
Counselors recognize that trust is a cornerstone of the counseling relationship.
Counselors aspire to earn the trust of clients by creating an ongoing partnership,
establishing and upholding appropriate boundaries, and maintaining
confidentiality. Counselors communicate the parameters of confidentiality in a
culturally competent manner.

B.1.b. Respect for Privacy

Counselors respect client rights to privacy. Counselors solicit private information
from clients only when it is beneficial to the counseling process.
B.1.c Respect for Confidentiality
Counselors do not share confidential information without client consent or without
sound legal or ethical justification.

B.3. Information Shared with Others

B.3.a Subordinates
Counselors make every effort to ensure that Privacy and confidentiality of clients
are maintained by subordinates, including employees, supervisees, students,
clerical assistants and volunteers.

Conclusion
In this case I would mention something to my colleague and remind them of the
code of ethics that should be followed by counselors, also the fact that the
environment that the discussion is taking place needs to be considered as well if
this was in a office and the counselor was seeking professional advice then it
would be different, but from what is described it seems as it was gossiping
between to people, there is no reason for this discussion to be held in a lunch
room especially since the information can be very sensitive. There are rules that
are in place that need to be followed plain and simple if I as a fellow counselor
did not address this I think that I would be in violation of those rules and just as
guilty as the person discussing the client.