Irina A 13-Year-Old Girl Of Arabic Cultural Heritage Living
Irina A 13 Year Old Girl Of Arabic Cultural Heritage Living In Boston
Irina, a 13-year-old girl of Arabic cultural heritage living in Boston, Massachusetts, was brought by her parents to a hospital emergency room after an assault by a stranger. Based on her injuries, the hospital staff suspected that the attacker had also sexually assaulted the girl, but she and her parents refused medical evaluations for rape. The family received a referral to see Janet Matthews, a clinical psychologist specializing in adolescent trauma. During their initial meeting with Dr. Matthews, the parents asked the psychologist not to discuss any sexual aspects of the assault with their daughter but to treat the psychological trauma from the assault in general.
They told the psychologist that admitting a rape had taken place would cast a stigma on their daughter and make her ineligible to be married to men in their closely knit ethnic community. When asked in private, the girl also requested that sexual issues not be discussed for the same reason. This is an ethical dilemma because Dr. Matthews must balance her professional obligation to provide comprehensive, ethical care with respect for her client’s cultural values and her legal and ethical responsibilities to her stakeholders.
APA Ethical Principles that help frame the dilemma include Principle A (Beneficence and Nonmaleficence), which emphasizes promoting the well-being of clients and avoiding harm; Principle B (Fidelity and Responsibility), which underscores the importance of trust and professional responsibility; and Principle C (Integrity), emphasizing honesty and transparency. Additionally, Principle E (Respect for People’s Rights and Dignity) requires respecting client autonomy and cultural differences. The dilemma centers around whether to honor the parents’ and daughter’s request to omit sexual disclosures that could be crucial for trauma treatment, acknowledging the potential harm of withholding such information versus respecting cultural norms and client autonomy.
Influence of Age, Family Involvement, and Legal Considerations
Irina’s age significantly impacts how Dr. Matthews can resolve the dilemma. As a minor, Irina’s autonomy is limited by laws and ethical guidelines intended to protect her safety and welfare. Parental involvement in the referral and decision-making process adds another layer of complexity. According to statutes governing minors’ health care, parents generally have the authority to make medical and psychological decisions on their children’s behalf, but professionals are mandated to act in the best interest of the minor and protect her confidentiality where appropriate.
HIPAA (Health Insurance Portability and Accountability Act) provides guidelines on confidentiality, allowing minors to consent to certain types of care (such as mental health services) depending on state law. In Boston, Massachusetts, minors can consent to mental health treatment without parental approval for certain issues, but confidentiality remains sensitive when involving parents’ concerns and cultural considerations. Dr. Matthews must consider whether to maintain confidentiality or disclose information to the parents, aligning her decision with federal and state laws, ethical standards, and her professional judgment.
Relevant APA Ethical Standards
- 2.01a, b, c: Boundaries of competence and acting within one’s scope, and understanding cultural factors.
- 2.04: Maintaining competence related to adolescent trauma and cultural considerations.
- 3.04: Avoiding harm and ensuring clients are not subjected to unnecessary discomfort or distress.
- 3.06: Surreptitious recording or monitoring practices require informing clients, which can relate to confidentiality issues.
- 4.01: Maintaining confidentiality and privacy of client information.
- 4.02: Discussing confidentiality limits with clients and guardians, especially minors.
- 10.10a: Addressing cultural competence, including respecting clients’ cultural beliefs and practices.
Additional standards that might apply include standards related to informed consent (3.10), client dignity (3.03), and provision of services that respect cultural diversity (2.03). The standards collectively emphasize the importance of balancing ethical obligations with cultural sensitivity and legal mandates.
Ethical Alternatives and Best Course of Action
Dr. Matthews’ primary ethical alternatives include:
- Respect the parents’ and girl’s wishes not to discuss sexual assault details, while offering trauma-focused therapy that does not explicitly address sexual issues. This respects cultural sensitivities but risks limiting the therapeutic process and potential efficacy.
- Seek a court order or legal guidance to clarify the extent of confidentiality and minors’ rights to information, especially if the trauma could cause long-term harm. This might introduce legal complications but aligns with protecting Irina’s well-being.
- Engage in culturally sensitive dialogue with the family to explain the importance of discussing trauma openly for effective treatment, while respecting their concerns. This approach promotes ethical practice by balancing cultural values with clinical needs.
Of these, the alternative that best reflects the Ethics Code’s aspirational principles—respecting the minor’s developmental needs and cultural context—while adhering to legal standards and Dr. Matthews’ ethical obligations, involves culturally sensitive communication and gradually addressing disclosures in a manner that promotes therapeutic progress without violating confidentiality or cultural norms.
Implementation and Monitoring of the Chosen Course of Action
To ethically implement her decision, Dr. Matthews should begin by engaging in open, respectful dialogue with Irina and her family, explaining the therapeutic process, confidentiality limits, and the importance of addressing trauma comprehensively. She should seek informed assent from Irina, emphasizing her rights and the benefits of sharing her experiences for her recovery.
To monitor effects, Dr. Matthews should regularly assess Irina’s emotional state and trauma symptoms, adjust her approach based on ongoing feedback, and document all interactions thoroughly. She should also consult with supervisors and ethical committees regularly, especially if conflicts arise or if she considers breaching confidentiality, and seek legal guidance when necessary to ensure compliance with laws and ethical standards.
By maintaining a culturally sensitive, client-centered approach grounded in ethical principles and legal standards, Dr. Matthews can support Irina’s recovery while respecting her cultural and developmental needs.
References
- American Psychological Association. (2017). Ethical principles of psychologists and code of conduct. American Psychologist, 72(1), 33-41.
- American Psychological Association. (2021). Guidelines for Psychological Practice with Adolescents.
- Massachusetts Department of Mental Health. (2020). Confidentiality and minors’ consent laws. Massachusetts Legislature.
- Siegel, D., & Levy, R. J. (2019). Working with culturally diverse clients. In J. M. Norcross & M. K. McCarthy (Eds.), Culturally Sensitive Practice in Psychology and Counseling (pp. 45-66). Routledge.
- Szwarc, J., & Halpern, J. (2016). Ethical dilemmas when working with minors: Confidentiality and best interests. Journal of Ethics in Mental Health, 10(2), 107-115.
- American Psychological Association. (2013). Guidelines for the Practice of Telepsychology.
- Thompson, L., & McCoy, S. (2020). Respecting cultural diversity in psychotherapy. Cultural Competence in Counseling, 4(3), 142-157.
- Gonsalves, B., & Schwartz, R. (2018). Trauma-informed care for adolescents. Journal of Child & Adolescent Trauma, 11(4), 345-358.
- National Association of Social Workers. (2017). NASW code of ethics. NASW Press.
- Appel, L., & Holtz, R. (2019). Legal issues in minor treatment confidentiality. Law and Psychology Review, 43, 189-210.