Confidentiality breaches and child abuse reporting in Texas counseling ethics

Ethical Dilemmas in Treatment Process

Scenario -- Client presents with many issues that generate ethical dilemmas throughout the treatment process and specifically the client's use of illegal substances and the distribution of these drugs to others creating a cause for concern in regards to the welfare of client's child. Client reports that she is not using drugs in the child's presence however, the ability of the client to care for her child while under the influence of drugs needs to be considered as well as the client's distribution of drugs and the potential risk presented to the child's well-being due to distribution of drugs from the family home. This work will identify Texas laws or credentialing regulations relevant to this ethical dilemma and assist in evaluating how the laws and credentialing regulation affect an analysis and resolution of this case.

Texas State Laws

The state law enacted that primarily regulates Licensed practicing Counselors is chapter 503 of the Texas Occupations Code or the Licensed Professional Counselor Act (Tex Occ. Code §503, 2007) Licensed Practicing Counselors are required in Texas § 681.41(e) to inform new clients, in writing, concerning various specific aspects of the counseling process including "the limits on confidentiality" (LP Ethics, 2011, p.1)

III. Analysis and Recommendation

In the specific case at issue, the minor child of the party is at imminent risk due to the incapacitation caused by drug and substance use and abuse of the mother. In addition, the child is at risk due to the family home being a location of drug distribution fraught with the dangers known to occur in such situations. The child is at immediate and imminent risk of danger to the child's health and well-being requiring that the Licensed Practicing Counselor report such danger to authorities for the purpose of protecting the life, health and well-being of the minor child of the client and to avoid legal liability in this particular case especially since immunities for liability due to reporting in such cases has been set by Texas state laws governing such matters.