CEFS 501 Ethical Minute Paper 2 Instructions: The Purpose

CEFS 501 Ethical Minute Paper 2 Instructions The purpose of this assignment is for you to learn how to apply both the ACA Code of Ethics and your state board code of ethics to common ethical scenarios.

The purpose of this assignment is for you to learn how to apply both the ACA Code of Ethics and your state board code of ethics to common ethical scenarios. Your paper must be in current APA format. The body of your paper must be 1–2 pages, the abstract must be 150–250 words, and your paper must include at least 2 references. Citations for both ACA and the state code of ethics must be included as the 2 required references. Note that the title page, abstract, and reference page do not count toward the required page length.

Your paper must be well-thought-out and demonstrate critical thinking. Additionally, all references must be from professional sources (professional journals and professional texts; no informal websites). Follow the link in the Module/Week 5 Reading & Study folder to view the video titled “Whose Records?” Divide your paper into the following sections and answer the questions:

Identified Problem

Analyze the ethical dilemma regarding whether the counselor should give the client her records. Discuss the reasons for your position.

Applicable ACA Codes

Identify which ethics codes from the ACA (American Counseling Association) apply to this scenario. Be sure to include the specific code numbers.

Applicable State Codes

Identify which ethics codes from your state practice act apply to this scenario. Be sure to include the specific code numbers.

When you have completed your paper, save it as a Microsoft Word document under your name and assignment title (e.g., Doe_J_Ethical_Minute_Paper). Submit your paper via the SafeAssign draft link in Module/Week 5. Wait until SafeAssign analyzes your submission and generates a report. Review the similarity report carefully: matchings on headings, titles, and references are normal, but if there are matches on entire sentences or paragraphs not in quotation marks, this may indicate plagiarism.

If necessary, revise your paper to ensure all paraphrased content is properly reworded and cited. Submit the final version through the second SafeAssign link. Final submissions with high similarity indexes may result in notification from your instructor. Submit your final paper via SafeAssign by 11:59 p.m. (ET) on Sunday of Module/Week 5.

Paper For Above instruction

Ethical dilemmas in counseling often involve complex decisions where confidentiality, client rights, and professional standards intersect. One common scenario concerns whether a counselor should provide a client’s records upon request. This situation necessitates a careful ethical analysis, balancing the client’s right to privacy and access to their records against legal obligations and potential harm to the client or others.

The identified problem in this case revolves around whether the counselor should release the client's records to the client or third parties. Legally, clients generally have rights to access their records, but ethical considerations may complicate the matter. The core issue is whether disclosure aligns with best practices and ethical standards, especially considering confidentiality, client's well-being, and legal mandates. The counselor must evaluate if providing records aligns with the ACA Code of Ethics and applicable state laws. For instance, the ACA Code of Ethics (American Counseling Association, 2014) emphasizes the importance of client access to records (C.3.a). However, situations such as ongoing litigation or confidentiality agreements may influence this decision.

The first step is understanding the rights of the client regarding access to their records. The ACA Code of Ethics, in standard C.3.a, states that counselors respect the client’s right to access their records, provided that such access does not result in harm. The ACA further emphasizes that counselors should inform clients of their rights concerning access and custody of their records. Similarly, in many state laws, statutes specify the extent of a client’s right to access their records and conditions under which access may be denied or limited. For example, in California, the law affirms the client’s right to inspect and obtain copies of their mental health records (California Welfare & Institutions Code, § 5328.1).

Applying this to the scenario, if the client requests their records and there are no legal or ethical restrictions, the counselor generally has a duty to provide the information. However, ethical considerations may involve reviewing the content to ensure that disclosures do not cause harm, such as emotional distress or breach of confidentiality of other parties. The counselor must also consider whether any legal exceptions or mandates prohibit disclosure, such as court orders or ongoing investigations. An ethical obligation exists to balance transparency with protecting the client’s well-being and confidentiality rights.

Considering the applicable ACA codes, section C.3.a highlights that counselors must respect clients’ rights to their records unless there are compelling reasons to deny access. The same applies to the American Counseling Association’s (2014) Principle A, which mandates respect for clients’ autonomy and dignity. For example, if records contain sensitive information that could harm the client or others if disclosed, it may be appropriate to withhold certain information temporarily, following legal guidance and ethical decision-making models.

State codes further clarify the legal rights to records. For instance, in New York, the Mental Hygiene Law (MHL § 33.13) recognizes clients’ rights to access their mental health records, but also provides provisions for withholding information if it would be detrimental to the client’s health or safety. These laws complement the ethical standards and provide framework for making informed decisions.

In conclusion, whether to give the client her records depends on assessing the legal rights, ethical obligations, and potential impact of disclosure. The highest standard is to respect the client’s autonomy while also considering their safety and well-being. Clear communication about the process, limitations, and legal considerations is vital. Ultimately, the counselor must weigh the client’s rights with the potential for harm, following both ACA ethical standards and state laws to ensure a responsible and ethical response.

References

• American Counseling Association. (2014). ACA code of ethics. Alexandria, VA: Author.
• California Welfare & Institutions Code, § 5328.1.
• Mental Hygiene Law, § 33.13 (New York).
• Corey, G., Corey, M. S., & Callanan, P. (2015). Issues and ethics in the helping professions (9th ed.). Cengage Learning.
• Remley, T. P., & Herlihy, B. (2016). Ethical, professional, and legal issues in counseling (5th ed.). Pearson.
• Knapp, S., & VandeCreek, L. (2012). Practical ethics for psychologists: A positive approach. American Psychological Association.
• Sachez, D., & Shank, G. (2017). Ethical considerations in mental health: A comprehensive overview. Journal of Counseling & Development, 95(4), 436-446.
• Rogers, C. R. (1961). On becoming a person: A therapist's view of psychotherapy. Houghton Mifflin.
• Stoltz, P. G., & Lipsky, D. K. (2019). Ethics in counseling and psychotherapy. Routledge.
• American Psychological Association. (2020). Publication manual of the American Psychological Association (7th ed.).