Assignment 1: Maintaining Confidentiality In The Age Of Publ

Assignment 1 Maintaining Confidentiality In The Age Of Public Accessi

Assignment 1: Maintaining Confidentiality in the Age of Public Access

In the digital age, where technology is more of a requirement than an option, counselors are often faced with the challenge of knowing how to effectively manage boundaries. The following case study will help students understand real-life challenges that counselors often face regarding boundaries and technologies. Case Study: Latisha is a 32-year-old African American doctoral student in a small, rural university. As part of her doctoral studies, she serves as a supervisor for students doing their master's in counseling internship. One of her supervisees, Emma, is working with adolescent girls during her internship and has been assigned four clients she sees twice a week.

Latisha is Facebook friends with several classmates and former supervisees but has avoided friending current supervisees, explaining this policy in her professional disclosure statement. One weekend, she notices a Facebook exchange between a classmate and Emma whose page is public and visible. Latisha views Emma's Facebook page where she discovers Emma has friended the mother of a client and the two have discussed the client through various posts. Emma's client Jenn is a 15-year-old female who is the subject of a bitter custody dispute. Latisha is aware that Jenn has a 19-year-old African American boyfriend, and the two are sexually active, which conflicts with the mother's fundamental Christian values.

Latisha now realizes the mother is a member of her own church. The next day, while attending church, Latisha is approached by the mother who states that she knows Latisha is Emma's internship supervisor and proceeds to lay out the details of her pending divorce and custody issues. The parent mentions she intends to subpoena Emma and her records as part of the divorce litigation and wants her to testify to Jenn's placement and well-being.

Tasks: Using an ethical decision-making model, outline your response to this situation. Outline the proposed action(s) you would take in this case, providing justification for the proposed action(s) and a description of the decision-making model used to arrive at that decision. Your decision-making model should be one that has been discussed in the professional literature, and after explaining the model, you will need to offer a rationale regarding why you chose to apply that particular model to the case study. Remember: You should be sure to cite appropriate literature and must give proper credit to authors of any decision-making models used to analyze the case. Do not simply list the steps of the model; apply the steps and be sure to document and defend your courses of action and your final decision. Cite all appropriate professional standards and relevant laws. Regardless of the model chosen, you need to clearly identify, describe, and evaluate what ethical codes and laws were violated. Be specific—use mental health statutes and specific ethical codes that apply. Discuss in detail what actions you would take as you proceed through the steps of your chosen ethical decision-making model, each of the steps should take at least a paragraph (or more) to address. You may (and are encouraged to) respond in an outline form (i.e., develop a response to each ethical decision-making step); however, do not simply list the steps of the model but integrate them into a complete answer. Your answer should be at a minimum approximately 250 words.

Paper For Above instruction

Maintaining client confidentiality while navigating legal obligations presents a complex ethical dilemma for mental health professionals. In this case, Latisha faces multiple ethical and legal challenges involving her supervisee Emma, her own church community, and state laws governing confidentiality and privileged communication. An ethical decision-making model, such as the model proposed by Corey, Corey, and Callanan (2014), provides a structured approach to resolving these dilemmas through systematic steps: identifying the problem, applying ethical standards, considering laws and regulations, and exploring possible actions. This model emphasizes the importance of balancing ethical responsibilities with legal mandates, a critical consideration in this scenario.

The first step is clearly identifying the core problem: Latisha's responsibility to protect client confidentiality versus legal obligations to disclose information in response to the subpoena. Ethically, the American Counseling Association (ACA, 2014) Code of Ethics mandates confidentiality as a fundamental principle, with exceptions limited to legal requirements, such as court subpoenas (Section B.1). Similarly, the Health Insurance Portability and Accountability Act (HIPAA, 1996) establishes patient confidentiality protections, with disclosures only permitted under specific circumstances. Therefore, Latisha’s primary ethical obligation is to safeguard Jenn’s confidentiality, even when faced with familial and legal pressures.

Next, assessing relevant laws and regulations is crucial. State statutes govern the confidentiality of minors and the circumstances under which records may be subpoenaed. In many states, minors have certain privacy rights, and disclosures require careful consideration to ensure compliance with laws such as the Family Educational Rights and Privacy Act (FERPA) and state-level confidentiality statutes. Additionally, legal counsel should be consulted to understand the implications of the subpoena, especially given the sensitive nature involving minors and family disputes.

After understanding the ethical standards and legal obligations, I would explore potential courses of action. The preferred approach involves consulting with legal counsel to clarify responsibilities and protections under law. It is critical to notify Emma of her legal rights and the importance of protecting client confidentiality, potentially refusing to produce records without court approval. If compelled to testify or disclose, Latisha must ensure that only information pertinent to the legal proceedings is shared, and she should document all communications and actions taken. Moreover, she should inform Jenn’s mother about her confidentiality rights and her limitations regarding disclosures, emphasizing her adherence to legal and ethical standards.

The final step involves implementing the chosen action and monitoring its effectiveness while maintaining ethical integrity. Throughout this process, it is essential to prioritize the client’s best interests, and whenever possible, seek to minimize harm and uphold confidentiality. Ethical practice requires transparency, documentation, and a commitment to legal compliance, emphasizing that protecting client privacy is paramount despite external pressures.

In conclusion, using Corey et al.’s (2014) ethical decision-making model provided a comprehensive framework guiding me through complex issues of confidentiality, legal responsibility, and ethical integrity. This scenario underscores the importance of understanding professional standards, legal statutes, and the nuanced exercise of professional judgment to safeguard vulnerable clients within the bounds of the law. Ensuring adherence to ACA’s Code of Ethics and relevant statutes, while engaging legal counsel, enables counselors to navigate such multifaceted situations responsibly and ethically.

References

• American Counseling Association. (2014). ACA code of ethics. American Counseling Association.
• Corey, G., Corey, M. S., & Callanan, P. (2014). Issues and ethics in the helping professions (9th ed.). Cengage Learning.
• Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936.
• Fisher, C. B. (2017). Decoding the ethics code: A practical guide for psychologists. American Psychological Association.
• Knapp, S., & VandeCreek, L. (2012). Practical ethics for psychologists: A positive approach (2nd ed.). American Psychological Association.
• Reamer, F. G. (2018). Ethical standards in social work: A review of the NASW code of ethics. Social Work, 63(2), 182-191.
• Substance Abuse and Mental Health Services Administration. (2020). Confidentiality provisions in mental health care. SAMHSA.
• State statutes regarding minors’ confidentiality rights vary; consulting jurisdiction-specific laws is essential.
• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99.
• Schopp, R. F. (2014). Child abuse and neglect: Ethical considerations and legal mandates. Child Welfare, 93(4), 15-31.