Slagle_responding_to_ethical_and_legal_issues

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4303

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Philosophy

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Apr 30, 2024

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Responding to Ethical and Legal Issues Instructions To prepare to complete the prompts below, first review the case examples corresponding to your specialization in the media piece, Responding to Ethical and Legal Issues – Case Study, and then select an ethical decision-making model. To aid in your selection, first review pages 15–18 of the Ethical, Legal, and Professional Issues in Counseling text and this week’s readings. You can also choose an ethical decision-making model from a current, peer-reviewed article in a professional counseling journal of your choice.  Some examples include:    Practitioners Guide to Ethical Decision Making ( https://www.counseling.org/knowledge- center/ethics/ethical-decision-making ).  Link to white paper: https://www.counseling.org/docs/default-source/ethics/practioner- 39-s-guide-to-ethical-decision-making.pdf?sfvrsn=f9e5482c_12   Finally, complete the prompts that follow. Analysis of Ethical Decision-Making Model Identify the most appropriate decision-making model for your case: The most appropriate decision-making model for the case of Simone, the young mother, is the “Practitioner’s Guide to Ethical Decision-Making” created by the ACA. Justify why it is the most effective model to use in this case: This decision-making model is the most effective in this case because it reviews the ethics and helps the practitioner apply the Code of conduct the study/case scenario. Explain why this model is a better choice in comparison to others and give examples to illustrate the effectiveness of the model: This is the best choice for this study as it applies ethical principles, applicable laws, brings to light the issues in the situation and is based on the bedrock principles of “autonomy, justice, beneficence, nonmaleficence, and fidelity” which are important to a healthy counseling relationship (Forester-Miller & Davis, 2016). This is the best choice out of other ethical decision- making models because it best addresses the ethical decisions and laws contained in the case provided. Application of Ethical Decision-Making Model Identify ethical and legal dilemmas: Some ethical and legal dilemmas contained in the case-study of Simone are: 1. Simone is smoking marijuana after her child goes to sleep, though care is not needed at that time, can she act in an 1
emergency to best care for the baby? There is a duty to report. Simone is selling marijuana to supplement her income. Simone has received educational services in the past and was tested, but feels like she never received help though she did overhear teachers talk about her low IQ. Considering this, how well she will understand confidentiality and the informed consent process though she has agreed to share information. Respect for Simone’s confidentiality and the information that she has shared. There is another party paying for Simone’s counseling who is asking for an update and she has allowed for this release of information. Does she understand what she is releasing? Is she capable of understanding? List the specific ethical codes, standards, or laws you would use to determine your response. ACA Code of Ethics (2014), B.1.c. Respect for Confidentiality Counselors protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification. ACA Code of Ethics (2014), B.5.a. Responsibility to Clients When counseling minor clients or adult clients who lack the capacity to give voluntary, informed consent, counselors protect the confidentiality of information received—in any medium—in the counseling relationship as specified by federal and state laws, written policies, and applicable ethical standards. ACA Code of Ethics (2014), B.3.b. Interdisciplinary Teams When services provided to the client involve participation by an interdisciplinary or treatment team, the client will be informed of the team’s existence and composition, information being shared, and the purposes of sharing such information. ACA Code of Ethics (2014), B.1.d. Explanation of Limitations At initiation and throughout the counseling process, counselors inform clients of the limitations of confidentiality and seek to identify situations in which confidentiality must be breached. Section 261.101 of the Texas Family Code mandates that anyone who suspects child abuse or neglect must report it immediately. The report may be made to (1) any local or state law enforcement agency; or (2) the Department of Family and Protective Services. o All persons are required to make the report immediately, and individuals who are licensed or certified by the state or who work for an agency or facility licensed or certified by the state and have contact with children as a result of their normal duties, such as teachers, nurses, doctors, and day-care employees, must report the abuse or neglect within 48 hours. (a) Neglect is defined in Texas Family Code (TFC) §261.001(4) as an act or failure to act by a person responsible for a child's care, custody, or welfare evidencing the person's blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child's physical health or safety. According to the Texas Penal Code Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: 2
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana; (2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana; Explain how these codes, standards, or laws will influence your choices: As a person designated by state law, there needs to be a report filed with Child Protective Services since the client admitted to not just using/smoking marijuana while she is the sole caregiver for her child but is also selling marijuana to supplement her income. According to the Evans (2018) Texas Tribune article “ Report: Drugs or alcohol factor into half of Texas child abuse and neglect deaths” and information from the Texas Report on Child Fatality Data and Recommendations while the overall number for children dying from child abuse and neglect has decreased, “half of the deaths occurred under caregivers using drugs or alcohol” and a report by the Texas Department of Family and Protective services released in 2017 found “half of the 222 children who died were being watched by a parent or caregiver under the influence of drugs or alcohol. The DFPS report went on further to state “marijuana was the most-used substance connected to child abuse and neglect deaths, followed by alcohol” and then went on to name illicit drugs. A conversation with Simone about reporting her to Child Protective Services may be beneficial as it could serve either for 1. The client to continue counseling through services, depending if the counselor is contracted by the state for these services. 2. The client may be asked to work services provided through Child Protective Services which will include parenting classes, counseling services, and could help provide daycare for a time for free while she does this. The fear being that something may happen to the child while Simone is caring for her. According to the ACA Code of Ethics (2014) A.1.b. Records and Documentation states that counselors must “create, safeguard, and maintain documentation necessary for rendering professional services. Simone’s case should be carefully documented by the counselor. Apply the selected model and include specific examples that illustrate the actions you will take. 3
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