CHAPTER 4: Ethics & the Law
HUS 1020
Prof. Miller-Jones
Chapter 4 Objectives:
To discuss the helper’s obligation to establish a “special relationship” with the client
To discuss the helper’s obligation of “duty to warn”
To discuss how licensure and/or certification may lend legal power to the professional codes of conduct
To discuss examples of ethical practices that may be illegal & the legal requirements that may violate the professional code of ethics
The Helping Process a Legal Contract
A professional relationship or even the perception of one can be recognized as a legal duty to provide care for the client
The “practicing helper” implies he/she will conduct themselves in a responsible manner & follow the guidelines in the organization’s professional code of ethics
A “special relationship” between the helper and client is sufficient to create a “duty to care” with a formal contract
“Duty to Care”
A formal contract creates a legal duty to provide appropriate care for a client & one that the helper is obligated to:
It is a written contract b/w a professional counselor & the client
It spells out the duties of both the helper-client in the helping process
It explains the actions to service the client such as rendering a bill, the exchange of money, taking notes, scheduling appointments, or any advertising to solicit new clients (i.e., using personal testimonials)
Its intention is to act in good faith & loyalty toward a client (also known as a fiduciary responsibility)
The Legal Foundation of Ethical Practice
Not only are there ethical risks involved in counseling but there is also a legal risk
The process & relationship b/w health & human service professionals & their clients are increasingly shaped by law (e.g., cases tried in court may be written into the counseling code of conduct)
Informed consent, confidentiality, & competency as well as mandates( for reporting child abuse), & the duty to warn have significant influences on the practice of human services
Courts of law can employ regulatory & ethical standards to identify negligence, malpractice, & liability in the health & human services profession!
Historical Legal Cases
Bogust v. Iverson (1960)
Case of Jane Dunn, died by suicide, a teacher sued for duty to protect
Wisconsin Supreme Court ruled no “duty to care” no “special relationship” was established; the teacher did not have specialized training in crisis treatment
Nally v. Gracy Community Church (1988)
Case of Kenneth Nally, who died by suicide, church pastor sued for duty of care
California Supreme Court ruled no “duty to care” was breached & no “special relationship” was established; pastors are non-therapist
Eisel v. Board of Education of Montgomery County (1991)
First suicide case filed bought against school counselor; counselor neglected to protect student’s death
Montgomery County Supreme Court ruled the counselor was partially responsible; had a special duty to exercise reasonable care; “duty to care” “special relationship” were established based on the counselor’s specialized training & job description
Tarasoff v. The Regents of University of California (1976)
Case of Tatiana Tarasoff murder by an obsessed graduate student who confessed to his therapist in 8 sessions his intention to kill. California Supreme Court ruled therapists have a duty to protect intended victims e.g. “duty to warn” by breaching a confidential agreement with a client intending to harm others
Cases of “Duty to Warn/Protect”What Should the Professional Do:
Consult with an attorney if you are not clear about your legal duty
Inquire about a client’s access to weapons, homicidal ideation, & intentions, including whether a specific victim is involved
Consider all appropriate steps to take and the consequences of each action
Know and follow the policy of your organization’s professional code of ethics
Document all actions you take and the rationale behind each of your decisions
Guidelines for Assessing Suicidal Behavior:
Take direct verbal warnings seriously!
Pay attention to previous suicide attempts
Identify clients suffering from depression
Be alert for feelings of hopelessness and helplessness
Monitor severe anxiety and panic attacks
Find out whether there has been a recent diagnosis of a serious or terminal health condition (you may have to probe further for info
Cont’d…Guidelines for Assessing Suicidal Behavior:
Determine whether the client has a plan
Identify clients who have a history of severe alcohol or drug abuse
Be alert to the client’s behaviors such as: giving away prized possessions, finalizing business affairs, or revising wills
Determine the history of psychiatric treatment
School Counselors’ Liability for Student Suicide
Counselors should educate school employees especially teachers on the risk factors associated with adolescent suicide
Counselors might institute peer assistance programs to help identify students at risk for suicide
It would be useful for school counselors to have increased access to training programs for acquiring information about student suicide
Protecting Children, The Elderly, & Dependent Adults from Harm
Mandatory reporting:
Designed to encourage reporting of any suspected cases of child, elder, or dependent adult abuse-counselors are advised to be vigilant & cautious about reporting any uncertain circumstances
If children, the elderly, or other dependent adults disclose that they are being abused or neglected, the counselor is required to report the situation under penalty of fines and imprisonment!
The professional has an obligation to protect those who cannot advocate for themselves in other words, it is within your ethical obligation to exercise your duty to care & duty to warn
Videos
The Difference between Ethics & the Law
Ethics, Morality, & the Law
Ethics & the Law: The Great Debate
FYI…
