Counseling Minor Clients: Ethical and Legal Requirements

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 ethics; (2) confidentiality; (3) privileged communication; and (4) informed consent. (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, nd ) If the counselor suspects abuse the counselor is required to report this immediately and in some states "failure to report child abuse or neglect within a certain number of hours can result in penalties or fines depending on the state law." (Hall and Rushing, nd)

IV. Suicidal and Self-Mutilating Minors

In the event that the counselor has reason to believe that a minor is imminently at risk of committing suicide, the counselor shall "…as soon as practicable, contact at least one of the student's parents to ask whether the parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for student." (Hall and Rushing, nd)

In the case of students who are self-mutilators, "Counselors have profound legal and ethical responsibilities. Once the client has revealed the painful act of self-mutilation, ethically, it is extremely important for counselors not to breach confidentiality because this could cause further harm to the student; however, counselors are legally required to report disclosures to the appropriate authorities if they become aware that the student may cause harm to themselves or others." (Foreschle & Moyer, 2004 in: Hall and Rushing, nd)

V. Continuing Education for Counselors