Ethical Dilemmas in High School Counseling
Faced with the dilemma of entering into a dual relationship with a 14-year-old, freshman member of the cheerleading squad who approached me for counseling her for sexual abuse at the hands of her father, I decided that I would resign my position as coach of the cheerleading squad and continue only in the role of counselor. I reached this decision after carefully weighing the ethical and legal aspects of the situation, including a consultation with a counselor colleague, to ensure that I had, in fact, taken all issues into consideration and been objective in my analysis of the case. The professional ethical principles taken into account, legal aspects and the method of reasoning used were also documented, as a matter of professional practice and record.
To start with, conscious of the fact that I was dealing with a minor in this particular case, I looked up the legal requirements involved in counseling a minor who was being sexually abused by a parent. The United States law decrees that all counselors and other professionals must report cases of suspected child abuse to a governmental agency. The statutes protect "reporters from liability as long as reports are made in good faith...defamation of character... would not prevail," which thankfully straightaway resolved any doubt of my own professional standing and interests, and that of the school being affected in handling the case. It was also very clear that such a report would have to be filed immediately, both with the government agency as well as the high school authorities (Remley & Herlihy).
While there was no ambiguity as far as the legal aspects of the case were concerned, I still had to consider that counselors must "exercise their professional judgement before and after making such reports. They should have several goals in mind, which include (a) maintaining, to the extent possible, any counseling relationship...(b) being concerned about the welfare of the alleged victim before and after the report (Remley & Fry, 1993); - helping the parties deal with the process that follows reports; and (d) fulfilling their statutory legal obligations" (Remley & Herlihy).
My first consideration, however, was to assess the counselee's motives in seeking professional help, in the first place. It wasn't too much of a leap of logic to assume that the child had developed a degree of trust and confidence in me, through our interaction on the cheerleading team. There was also the consideration that "one of the basic tenets upon which the counseling relationship rests is that clients have a right to expect confidentiality...Counselors are also committed to promoting the autonomy and freedom of choice of their clients, Every child, regardless of age, has an ethical right to privacy..." (Remley & Herlihy).
The first ethical principle, facing me was, therefore, the fact that obeying the law and immediately filing a report to the school and governmental authorities, may be construed by the child as a betrayal of trust, whereas not reporting it may well endanger the child's safety and future welfare. If the counselee saw my actions as a betrayal of trust, then the future success of any counseling relationship would be endangered.
Linked with this decision was also a second legal aspect as in the fact that, though currently, minors have more governmental protection, the law still usually requires that children assert any legal rights through their parents or guardians. Parental consent is also usually required in the case of counseling minors, not to mention the 'parental right' to receive all related information regarding the welfare of the child.
Though child abuse is treated as an exception, the issue remained that the non-offending parent may have the legal and ethical right to be informed about the child seeking professional help. Nancy Perry, Executive Director ACA observes "...To say that a student absolutely can't see a counselor without permission...severely abridge their...
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