Assume you are currently Gad’s counselor and are practicing in your own state.
Identify the Problem
Identify the main problem and related concerns to be addressed in this report in 1-2 bullets,
as if you are writing it to your supervisor for their review. This will set the stage for the
remainder of this document utilizing the embedded ethical decision-making guide. Each
bullet should be 2-3 complete sentences.
Apply Ethical Codes, State Laws, and Select one Ethical Principle of Primary Relevance
Confidentiality is one of the major ethical codes that is implicated by this case. Paraphrase
the relevant professional ethical code and provide a reference citation. Do not quote the code
directly. (This bullet should be 1-2 complete sentences).
Review your state laws and identify one law that impacts this case. If you do not have a duty
to warn law in your state, discuss this implication. Paraphrase the law followed by a
reference citation to the specific legal statutes from your professional counseling board. Do
not quote the law directly but paraphrase it. This bullet should be 2-3 complete sentences.
Selecting one ethical principle (autonomy, justice, beneficence, autonomy, non-maleficence)
you believe to be the priority in this case. Use your professional judgement and tie in
resources to support your points. Each bullet should be 1-2 complete sentences.
Diversity and Inclusion Considerations
List 1 diversity consideration (e.g., power, privilege, oppression, discrimination,
confidentiality, cultural practices, cultural identity, etc.) from the client perspective. Each
bullet should be 1-2 complete sentences.
Based on actual Pennsylvania Supreme Court case, Emerich v. Philadelphia Center for Human Development Inc.
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Clinical Supervision Report: Ethical Decision-Making Process In A Duty To Warn Case
Full Answer Section
Ethical Codes and State Laws:
-
Confidentiality: The American Counseling Association (ACA) Ethical Code emphasizes counselor responsibility to protect client confidentiality, except for situations where harm to self or others is a possibility [1].
-
Mandatory Reporting: Pennsylvania law mandates reporting suspected child abuse to the appropriate authorities [2]. This supersedes confidentiality in situations where a child's safety is at risk.
Primary Ethical Principle: Non-maleficence
In this case, non-maleficence (avoiding harm) is the most critical ethical principle. Failing to report suspected abuse could have devastating consequences for Gad's well-being. My professional judgment, supported by the ACA code and state law, necessitates prioritizing his safety over confidentiality.
Diversity Consideration:
- Power imbalance: As a minor, Gad may have limited power and may feel pressured by his father's abusive behavior. It is crucial to create a safe space for him to express his concerns and empower him to feel heard and valued.
Sample Answer
Case Report: Gad - Ethical Considerations
Main Problem and Concerns:
- Gad, a minor, discloses experiencing physical abuse from his father. As his counselor, I have a legal and ethical obligation to assess the risk of harm and determine appropriate interventions to ensure his safety.
- Confidentiality is a core principle, but there's a potential conflict in this case, as child safety takes precedence.
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