Our Services

Get 15% Discount on your First Order

[rank_math_breadcrumb]

2 peer responses Unit 2.1 DB: Confidentiality

1 . Confidentiality is key to building trust in counseling, but there are times when a counselor must break that confidentiality to ensure safety. According to Kanel (2015), counselors may breach confidentiality if a client is a danger to themselves or others, if there’s suspected abuse or neglect of children or vulnerable adults, or if they are required to do so by a court order. The ACA Code of Ethics also guides these situations, emphasizing the importance of balancing a client’s rights with protecting others from harm.

When Confidentiality May Be Breached

  1. Imminent Danger: If a client is threatening to harm themselves or someone else, counselors are ethically obligated to act.
  2. Abuse or Neglect: If a counselor suspects abuse or neglect of a child or vulnerable adult, they must report it to authorities.
  3. Legal Obligations: Counselors may be required by a court to share certain information, though they should try to protect the client’s privacy as much as possible.

The Tarasoff v. Regents of the University of California (1976) case transformed how mental health professionals handle confidentiality. In this case, a counselor failed to warn a woman that her client intended to harm her, and she was tragically killed. The court ruled that professionals have a “duty to warn” and protect identifiable individuals if there is a credible threat to their safety (Kanel, 2015).

This ruling created the duty to protect, which means counselors must take steps like notifying law enforcement or directly warning the potential victim. It’s a tough balancing act, but it ensures counselors prioritize safety while respecting confidentiality as much as possible.

This ruling created the duty to protect, which means counselors must take steps like notifying law enforcement or directly warning the potential victim. It’s a tough balancing act, but it ensures counselors prioritize safety while respecting confidentiality as much as possible.

The Tarasoff case reminds us that confidentiality has limits when safety is at risk. Counselors must be clear about these boundaries with their clients and make thoughtful, ethical decisions when these situations arise.

Question for the Class: How can counselors maintain their clients’ trust while balancing their duty to warn and prote

2.  Confidentiality is the cornerstone of the counseling relationship, fostering trust and open communication. However, like any principle, it has limitations. (American Counseling Association, 2014).

The ACA Code of Ethics outlines five situations where confidentiality can become breached:

1. Imminent harm to self or others:  If a client poses a clear and imminent threat to themselves or others, the counselor must take reasonable steps to protect them, even if it means breaking confidentiality. This may involve notifying authorities, contacting family members, or taking other necessary actions (ACA, 2014, A.1.a).

2. Suspected child abuse or neglect: Counselors are mandated reporters in most states, meaning they are legally obligated to report suspected child abuse or neglect to the appropriate authorities. This obligation supersedes confidentiality (ACA, 2014, A.1.b).

3. Elder abuse or exploitation:  Similar to child abuse, counselors may need to break confidentiality to report suspected elder abuse or exploitation (ACA, 2014, A.1.c).

4. Court-ordered disclosure:  In certain legal proceedings, counselors may become compelled by a court order to disclose confidential information (ACA, 2014, A.1.d).

5. Professional consultation: Counselors may consult with other professionals about a client’s case to ensure the best care. However, identifying information should be confidential during consultations (ACA, 2014, A.1.e).

The 1976 Tarasoff case in California significantly impacted how mental health professionals respond to potential violence (Tarasoff v. Regents of the University of California, 1976). In this case, a therapist knew his client planned to kill a woman but failed to warn her, resulting in her death. The court ruled that therapists must warn potential victims of foreseeable violence, even if it means breaching confidentiality.

The Tarasoff case led to the development of specific guidelines for assessing and managing threats of violence, including:

  • Gathering information: The therapist should gather as much information as possible about the client’s plan, including the identity of the potential victim, the nature of the threat, and the client’s access to weapons.
  • Assessing the risk: The therapist should determine the likelihood that the client will carry out the threat. This involves considering factors such as the client’s history of violence, their mental state, and the availability of support systems.
  • Taking action: If the therapist believes the threat is serious and imminent, they must protect the potential victim. This may involve warning the victim directly, notifying law enforcement, or taking other appropriate measures.

Confidentiality remains a vital aspect of counseling, but it is not absolute. Counselors must balance their ethical obligation to protect client confidentiality with their duty to protect individuals from harm. The Tarasoff case serves as a stark reminder of the potential consequences of failing to take action when a client poses a threat. By understanding their ethical and legal obligations, counselors can navigate these complex situations and ensure the safety of their clients and the community.

QUESTION: To what extent should counselors be held liable for failing to prevent harm caused by their clients, even if they followed all ethical guidelines and legal requirements?

Share This Post

Email
WhatsApp
Facebook
Twitter
LinkedIn
Pinterest
Reddit

Order a Similar Paper and get 15% Discount on your First Order

Related Questions

CASE 3

Module 2 – Case Social Media and HR; Behavioral Anchored Rating Scales; Simulation Training Case Assignment After reading the required materials on social media found on the Background page for this module and your own library research, prepare a  4- to 5-page paper addressing the following: Discuss the influence social media

SLP 2

Module 2 – SLP Social Media and HR; Behavioral Anchored Rating Scales; Simulation Training Behaviorally anchored rating scales (BARS) directly assess performance  behaviors. The BARS method depends on critical incidents or short descriptions of effective and ineffective behaviors that ultimately produce a number value. The assessor is responsible for rating the

HR Final

 As managers and HR professionals, we must be proactive in addressing possible. 

discussion 2

Module 2 Discussion A popular type of training at all levels of an organization is simulation training/development. Simulation training uses a duplicate work environment that is set up independently of the work site. In this setting, trainees can learn under realistic conditions, but away from the pressures of interruptions. Based

Final

Instructions for final paper: Please look at the feedback from the paper you did for me before, and write the final paper based off the input. I have attached the draft paper that you did for me. Purpose: Complete an Applied Project Prospectus in OGL 570. Specifics:  This is an

team draft preview

Hello Tenacity Crew, Keep going! Yall are in the home stretch. When I reviewed your training, I saw multiple team members working on it, so hopefully this feedback is helpful in giving you an outsider’s view of the training so far. Fantastic work on the handout by the way! I

human resources

Maya has just been hired as the chief executive officer (CEO) to turn around Phoenix Solutions, a once-thriving tech company now struggling with declining revenues, high turnover, and employee engagement scores that are taking a nosedive. During her first week, Maya discovered that the performance management system was in shambles.

management

  A) Create your submission (answers) on PowerPoint slide(s), including a recording via video/audio (in your PowerPoint) explaining your submission, and addressing each question individually, which is to be at least 2 minutes and no more than 3 minutes.  Your file can be a PPT, mp4, but experience has proven

management

 The CEO of your organization wants to improve employee morale. Recently, she went to a conference at which she heard people talking about “open-book management.” According to the conference attendees, many companies have achieved good results by sharing all of their financial statements with employees. But your CEO isn’t sure

CASE1

Module 1 – Case Knowledge Transfer; Performance Management; On-The-Job Training Knowledge Transfer Many employers do not have a plan to manage and transfer knowledge. Because workforce dynamics have changed, there is a greater need than ever for a knowledge-transfer strategy. Business wisdom is taken from organizations with retirements, resignations, and

SLP1

Module 1 – SLP Knowledge Transfer; Performance Management; On-The-Job Training   (Signature Assignment: Oral Communications, Introduced Level) Required Video: Review the following video and follow it carefully as you prepare your assignment. For this assignment, view the video, which immediately follows. The video explains an exciting new performance appraisal approach where

Qualitative Data Collection & Analysis in Action

Qualitative Data Collection & Analysis in Action · Due Wednesday by 11:59pm Purpose: The purpose of this assignment is to provide students with hands-on experience in designing, collecting, coding, and analyzing qualitative data related to organizational leadership. Students will apply principles from Chapters 11 and 12 of the textbook to explore leadership behaviors,

Multicultural

Part A Discussion questions Where are you really from? It’s a question that immigrant communities of color across different generations are asked all the time. In this audio and video series, they take back the narrative and answer that question on their own terms, one conversation at a time —

VII

See attached VII Case Study Assignment The employees at your organization have formed a union, and the bargaining process now begins. Write a case study in which you analyze the situation. First, begin with background information about the negotiation, and make certain to address the areas below. · Identify the