Ethical Dilemmas in Treatment Process Scenario --

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)

II. Breaches of Client Confidentiality: Exceptions

Breaches of client confidentiality under Texas state laws may arise in two contexts in this particular scenario: (1) harm to others; and (2) harm to self. (LP Ethics, 2011, p.1) While most states have adopted what is known as Tarasoff v. Regents of the University of California, 1976, Texas courts have not adopted this law. Threats of harms to other that involve child abuse or neglect are stated to fall under a category covered under Title V of the Texas Family Code § 261. Under § 261, an LPC who suspects that child abuse is occurring has a duty to report it within 48 hours of the LPC's first suspicion. Such reports must include the child's name and address; the name and address of the child's parent(s) or guardian(s); and any other "pertinent information." (LP Ethics, 2011, p.1)

It is related that reports may be made to a variety of state entities, including: (1) a local or state law enforcement agency; (2) the relevant governmental department, if applicable; (3) the relevant state licensing agency or other administrative body, if applicable; (4) a child protective agency designated by a court; or, (4) instances involving abuse of one child by another child, the Texas Youth Commission. (LP Ethics, 2011, p.1) Additionally reported is that generally Licensed Practicing Counselors breaching client confidentiality for the purposes relating to reported suspect abuse or neglect of children and who are doing so in the manner of good faith are "immune from civil or criminal liability." (LP Ethics, 2011, p.1)

III. Analysis and Recommendation