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Counseling Minor Clients: Ethical and Legal Requirements
The purpose of this work in writing is to define four ethical and/or legal issues related to counseling minors. This will be accomplished through an academic literature review in which the ethical and legal conflicts that arise in counseling a minor will be analyzed. This work will explain how each of these conflicts will be addressed.
Defining the Terms 'Minor', 'Legal' and 'Ethical'
It is important that the counselor who works with minors "discuss and clarify confidentiality limitations with students before counseling begins to help ensure that students understand the limits of confidentiality within the counseling process. (Froeschle & Moyer, 2004 in: Hall and Rushing, nd) The work of Glosoff and Pate (2002) states that the moral principles most often cited in relation to ethical practices of counselors include those as follows: (1) truth-telling; (2) equity and justice which is fairness; (3) doing no harm known as nonmaleficence; (4) doing good known as beneficence; (4) giving respect for individual free choice or autonomy; and (6) keeping ones' promises known as fidelity. (Glosoff and Pate, 2002, p. 1)
The moral principle of beneficence is stated to refer to the counselors' responsibility to assist their clients in gaining something positive from having engaged in counseling. It is stated that the application of moral principles involved in respecting the rights of minors when they are involved in counseling is not always easy as the counselor "must have a good grasp of issues reacted to the concepts of: (1) the minor individual's legal status and privacy...
(Glosoff and Pate, 2002, p.1)
II. ACA Code of Ethics and Standards of Practice
The ACA (1995) Code of Ethics and Standards of Practice is stated to specifically mention the term 'minor' twice in regards to matters of consent. As well, the Ethical Standards for School Counselors (ASCA, 1998) is inclusive of standards relative to counseling minors however, neither one of the documents defines the term minor. Minors are generally defined as individuals under the age of 18 years of age. While minor clients are stated to have "an ethical right to privacy and confidentiality in the counseling relationship…[the] privacy rights of minors…" are stated to belong legally to the minors' parents or guardians. (Glosoff and Pate, 2002, p. 1) In addition, since counseling is "considered to be a contractual relationship, 'minors cannot legally agree to be counseled on their own…" (Glosoff and Pate, 2002, p. 1)
III. Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) states that parents "…are granted rights in regards to the education records of their children and upon the student turning 18 years of age or attending a post-secondary school, these rights are transferred to the student. This is applicable to schools receiving funding under the Department of Education." (Hall and Rushing,…
References
Glosoff, Harriet L. And Pate, Robert H., Jr. (2002) Privacy and Confidentiality in School Counseling. Professional School Counseling 1 Oct. 2002. Retrieved from: http://www.highbeam.com/doc/1G1-93700936.html
Hall, Kimberly R. And Rushing, Jeri L. (nd) Are you a Legally Literature School Counselor? Mississippi State University. Retrieved from: http://www.jsc.montana.edu/articles/v8n22.pdf
Froeschle, J. And Moyer, M. (2004) Just Cut It Out: Legal and Ethical Challenges in Counseling Students Who Self-Mutilate. Professional School Counseling, 7(4), 231-235 in: Hall, Kimberly R. And Rushing, Jeri L. (nd) Are you a Legally Literature School Counselor? Mississippi State University. Retrieved from: http://www.jsc.montana.edu/articles/v8n22.pdf
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