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Ethical and Legal Considerations

Overview

For counselors, the ability to make sound ethical decisions in the client’s best interest is paramount and can be challenging, especially in a dilemma situation. However, counselors are expected to respond in a way that reflects the best ethical fit and practice. Based on principles such as autonomy, justice, fidelity, nonmaleficence, and beneficence, the ethical codes that counselors espouse play a pivotal role in the therapeutic process.

For this case study, there are elements of ethical implications; you will describe the key elements of the case that must be addressed and identify how ethical codes apply. Using this information, you will formulate and justify a plan of action based on the application of an ethical decision-making model and historical precedents.

Case Study

You are assigned a new client at your agency. Dave is a 39-year-old middle-class Caucasian man who has been mandated to attend counseling. Upon intake, Dave states that he is angry about being made to attend counseling. Four months before that, he and his wife had an altercation in which law enforcement was called. He was subsequently arrested for domestic violence, and the Department of Children and Family Services intervened because his two children (a seven-year-old boy and a ten-year-old girl) were present at the time of the fight.

He has been ordered to successfully complete substance abuse counseling because he was under the influence. When prompted about his anger, Dave tells you that he is angry that he had to leave his home and attend treatment. He states that his wife had equal blame. Further, he states that he never wanted children in the first place and feels trapped because of them.

Now, he feels as though his freedom has been taken away because he lost his job, his house, and his ability to enjoy a few drinks because he will lose the children he never wanted. Over the next month, Dave is compliant with attending counseling, but he seemed resistant and guarded during his sessions.

Over the weekend, you go to a local bar with your friends and notice your client is drinking at the bar. You proceed with your plans and do not acknowledge him. Over the next hour or so, you watch him become increasingly intoxicated. What do you do?

Prompt

For your action plan, consider not to approach the client discreetly . Any direct approach on the part of the counselor in public is considered a clear breach of boundary. In such a situation, the counselor’s professional judgment is unethical, and his/her license is at risk if a direct approach is made. As a counselor, if the duty to warn does not include warning authorities, does it meet the criteria for imminent risk?

Specifically, the following  critical elements must be addressed:

  • Identify and explain the ethical codes that relate to what bearing of information a counselor has the ability to share in a public event. Relate your response to the case of Dave in a local bar.
  • Using historical precedence, consider the court case of Jaffee v Redmond and relate it to your plan of action in the case of Dave.
  • Evaluate the current situation at the bar and consider the logic that if you are not calling the police as an option, would his threat meet the criteria to call the spouse, or would you do one without the other? Support your response to a session in the ACA Code of Ethics. (Refer to the ACA Code of Ethics to help identify ethical codes that are relevant to working with this case study. You should summarize the code using the letter/number and title identifiers of each code and law in this section).
  • Apply Kitchener’s Ethical Principles decision-making model to determine the ethical and legal considerations that need to be made and align them to your plan of action.
  • Explain the historical influence and philosophy of the counseling profession as it relates to society.
  • Determine ethical standards and legal considerations in professional counseling as they relate to client case conceptualization in terms of (presenting issues, maladaptive patterns, predispositions, and triggers).

What to Submit

Your case study analysis should use double spacing, one-inch margins, and 12-point Times New Roman font. Sources should be cited according to APA style, specifically around the codes and in the historical precedence section. ACA code of ethics should be cited fully on the reference page.

Last Updated on August 25, 2023

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