🏼 MODULE THREE (3)

🏼 ETHICAL AND LEGAL CONSIDERATIONS IN CHRISTIAN COUNSELING

ETHICAL CONSIDERATIONS simply means

ETHICAL CONSIDERATIONS simply means the moral principles, values, and standards that guide
decision-making and behavior in a particular situation or profession.

In other words, ethical considerations involve thinking about what is right and wrong, and making
choices that respect the rights, dignity, and well-being of all individuals involved.

LEGAL CONSIDERATIONS simply means the laws, regulations, and standards that govern a particular
situation or profession.

In other words, legal considerations involve thinking about the laws and rules that apply to a situation,
and making sure that actions and decisions comply with those laws and rules.

A) PROFESSIONAL CODES OF ETHICS IN COUNSELING

🏼 PROFESSIONAL CODES of ETHICS in counseling refer to the written guidelines that outline the moral
principles and standards for counselors to follow in their practice.

These codes, such as the American Counseling Association (ACA) Code of Ethics, provide guidance on
issues like:

- Confidentiality

- Informed consent

- Boundaries

- Dual relationships

- Cultural competence

They help counselors make decisions that respect clients' rights, dignity, and well-being.

The following Bodies have over the years carved out some CODES OF ETHICS IN COUNSELING to help
practitioners

1. American Counseling Association (ACA) Code of Ethics*: A comprehensive code that guides
counselors in their practice, including confidentiality, informed consent, and cultural competence.
2. National Association of Social Workers (NASW) Code of Ethics: A code that emphasizes the
importance of social justice, dignity, and worth of all individuals.

3. American Psychological Association (APA) Ethical Principles of Psychologists and Code of Conduct: A
code that guides psychologists in their practice, including confidentiality, informed consent, and respect
for individuals' rights.

4. National Board for Certified Counselors (NBCC) Code of Ethics: A code that emphasizes the
importance of professional competence, confidentiality, and respect for clients' autonomy.

5. American Association of Marriage and Family Therapy (AAMFT) Code of Ethics: A code that guides
marriage and family therapists in their practice, including confidentiality, informed consent, and respect
for individuals' rights.

They provide a framework for counselors to make decisions that respect clients' rights, dignity, and
well-being.

some practical codes of ethics in counseling:

Confidentiality

1. Maintain client confidentiality: Protect clients' personal information and session details.

2. OBTAIN INFORMED CONSENT: Inform clients about confidentiality limits and obtain consent.

INFORMED CONSENT

1. Inform clients about counseling goals, methods, and potential risks.

2. DISCLOSE COUNSELOR QUALIFICATIONS: Inform clients about counselor education, training, and
experience.

BOUNDARIES

1. ESTABLISH CLEAR BOUNDARIES: Set limits on counselor-client relationships, including physical and
emotional boundaries.
2. AVOID DUAL RELATIONSHIPS: Refrain from engaging in personal or professional relationships with
clients that could compromise counseling.

COMPETENCE

1. Practice within competence: Provide counseling services within areas of education, training, and
experience.

2. PURSUE ONGOING EDUCATION: Engage in continuing education to maintain and improve counseling
skills.

CULTURAL SENSITIVITY

1. RESPECT CULTURAL DIFFERENCES: Recognize and respect clients' cultural backgrounds, values, and
beliefs.

2. AVOID CULTURAL BIAS: Refrain from imposing personal cultural values and biases on clients.

TERMINATION

1. PLAN FOR TERMINATION: Develop a plan for ending counseling services, including referral to other
resources.

2. PROVIDE FOLLOW-UP SUPPORT: Offer follow-up support and resources to clients after counseling
termination.

These practical codes of ethics guide counselors in providing respectful, competent, and confidential
services to clients.

1) CONFIDENTIALITY

CONFIDENTIALITY IN COUNSELING refers to the ethical and legal obligation of counselors to maintain
the secrecy and privacy of clients' personal information, counseling sessions, and records.
PROCESS of MAINTAINING CONFIDENTIALITY:

1. INFORMED CONSENT: Counselors inform clients about the limits of confidentiality and obtain their
consent before starting counseling.

2. SECURE RECORD-KEEPING: Counselors keep client records secure, using locked files, encrypted
electronic records, and secure online platforms.

3. LIMITED DISCLOSURE: Counselors only disclose client information to authorized individuals or

4. SESSION CONFIDENTIALITY: Counselors maintain confidentiality during counseling sessions, avoiding

5. ELECTRONIC COMMUNICATION: Counselors use secure electronic communication methods, such as

6. Subpoenas and Court Orders: Counselors respond to subpoenas and court orders in accordance with
legal requirements, while also protecting client confidentiality whenever possible.

7. Breach of Confidentiality: Counselors take immediate action to address any breach of confidentiality,
notifying clients and taking steps to prevent future breaches.

EXCEPTIONS TO CONFIDENTIALITY:

1. Mandatory Reporting: Counselors report child or elder abuse, neglect, or exploitation to authorities,
as required by law.

2. Imminent Harm: Counselors disclose client information to prevent imminent harm to the client or
others.
3. Court-Ordered Disclosure: Counselors disclose client information in response to a court order or
subpoena.

4. Client Consent: Counselors disclose client information with client consent or at their request.

By maintaining confidentiality, counselors establish trust with clients, ensuring a safe and supportive
environment for counseling.

Example

A practical example of CONFIDENTIALITY in counseling:

SCENARIO:

Emily, a 20-year-old college student, seeks counseling from a university counselor, Rachel, to discuss her
struggles with anxiety and depression. During the counseling session, Emily reveals that she had an
abortion over the summer, which has been weighing heavily on her conscience.

CONFIDENTIALITY IN ACTION:

Rachel, the counselor:

1. Maintains a non-judgmental attitude: Rachel listens attentively to Emily's story without expressing any
judgment or opinion

2. Ensures secure record-keeping: Rachel stores Emily's counseling records in a locked file cabinet and
uses a secure electronic record-keeping system.

3. Limits disclosure: Rachel does not disclose Emily's personal information or counseling details to
anyone, including Emily's parents, professors, or friends.
4. Respects Emily's autonomy: Rachel respects Emily's decision to share or not share her personal
information with others.

EXCEPTIONS TO CONFIDENTIALITY:

If Emily were to express suicidal ideation or intent to harm herself or others, Rachel would:

1. Break confidentiality to ensure safety: Rachel would contact emergency services or campus security
to ensure Emily's safety.

2. Inform Emily of the breach: Rachel would explain to Emily why confidentiality was broken and what
steps were taken to ensure her safety.

In this example, Rachel maintains confidentiality by respecting Emily's autonomy, ensuring secure
record-keeping, and limiting disclosure. However, if Emily's safety were at risk, Rachel would take steps
to ensure her safety, while also informing Emily of the breach of confidentiality.

2) INFORMED CONSENT

INFORMED CONSENT IN COUNSELING refers to the process by which a counselor informs a client about
the counseling process, its potential risks and benefits, and the client's rights and responsibilities.

_Process of Informed Consent:

1. _Initial Disclosure_: The counselor provides an initial disclosure statement, either verbally or in
writing, explaining the counseling process and the client's rights.

2. _Explanation of Counseling Goals and Methods_: The counselor explains the counseling goals,
methods, and techniques to be used.

3. _Discussion of Risks and Benefits_: The counselor discusses the potential risks and benefits of
counseling, including the possibility of emotional distress or discomfort.
4. _Client's Rights and Responsibilities_: The counselor explains the client's rights, including the right to
confidentiality, and responsibilities, such as attending sessions and participating in the counseling
process.

5. _Limitations of Confidentiality_: The counselor explains the limitations of confidentiality, including

6. _Client's Questions and Concerns_: The counselor addresses the client's questions and concerns,
ensuring that the client understands the counseling process and their rights.

7. _Written Consent_: The client signs a written consent form, indicating that they understand the
counseling process and their rights.

_Key Elements of Informed Consent:_

1. _Competence_: The client must be competent to provide informed consent.

2. _Voluntariness_: The client must provide informed consent voluntarily, without coercion or undue
influence.

3. _Information_: The client must receive adequate information about the counseling process and their
rights.

4. _Understanding_: The client must understand the information provided and the implications of their
decision.

_Benefits of Informed Consent:

1. _Respect for Autonomy_: Informed consent respects the client's autonomy and decision-making
capacity.
2. _Increased Trust_: Informed consent can increase trust between the counselor and client.

3. _Better Decision-Making_: Informed consent enables clients to make informed decisions about their
counseling.

By obtaining informed consent, counselors ensure that clients are fully aware of the counseling process
and their rights, promoting a collaborative and respectful therapeutic relationship.

EXAMPLE

Confidentiality Scenario

Emily, a college student, visits her school counselor, Rachel, to discuss her struggles with anxiety. During
the session, Emily reveals that she's having an affair with a married professor.

CONFIDENTIALITY IN ACTION

Rachel:

1. Doesn't disclose the information to anyone, including the professor's wife or university
administrators.

2. Keeps the counseling session records locked and secure.

3. Doesn't discuss the session with colleagues or friends.

4. Ensures that Emily's confidentiality is maintained, even if the professor is someone Rachel knows
personally.

CONFIDENTIALITY BREACH SCENARIO

However, if Emily were to express suicidal ideation or intent to harm herself or others, Rachel would:

1. Contact emergency services or campus security to ensure Emily's safety.

3. Document the breach of confidentiality and the reasons for it.

Real-Life Application

In real-life counseling situations, maintaining confidentiality is crucial to building trust with clients.
Counselors must balance the need to maintain confidentiality with the need to ensure client safety and
well-being.

3) BOUNDARIES

BOUNDARIES IN CHRISTIAN COUNSELING refer to the ethical and professional limits that counselors
establish to maintain a healthy and safe therapeutic relationship with clients.

PROCESS OF ESTABLISHING BOUNDARIES:

1. INITIAL SESSION: The counselor clearly communicates their boundaries, expectations, and counseling
approach during the initial session.

2. INFORMED CONSENT: The counselor obtains informed consent from the client, ensuring they
understand the boundaries and expectations.

3. DEFINING ROLES: The counselor clearly defines their role and the client's role in the counseling
relationship.

4. SETTING LIMITS: The counselor establishes clear limits on their availability, communication, and
physical contact.

5. MAINTAINING OBJECTIVITY: The counselor maintains objectivity and avoids dual relationships, such as
friendships or romantic relationships, with clients.
6. RESPECTING CLIENT AUTONOMY: The counselor respects the client's autonomy and decision-making
capacity.

7. ONGOING COMMUNICATION: The counselor regularly communicates with the client to ensure mutual
understanding of the boundaries and expectations.

TYPES of BOUNDARIES:

1. PHYSICAL BOUNDARIES: Maintaining physical distance, avoiding physical contact, and ensuring a safe
and comfortable counseling environment.

2. EMOTIONAL BOUNDARIES: Establishing emotional limits, avoiding emotional entanglements, and

3. TIME BOUNDARIES: Setting clear limits on session length, frequency, and availability.

4. COMMUNICATION BOUNDARIES: Establishing clear guidelines for communication, such as email,

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IMPORTANCE OF BOUNDARIES:

1. MAINTAINS PROFESSIONALISM: Boundaries help counselors maintain professionalism and avoid

2. ENSURE CLIENT SAFETY: Boundaries ensure client safety and well-being by preventing exploitation,
harm, or neglect.
3. PROMOTES TRUST: Clear boundaries promote trust and respect in the counseling relationship.

4. PREVENTS BURNOUT: Boundaries help counselors prevent burnout and maintain their own emotional
and physical well-being.

EXAMPLE

🏼 Practical example of boundaries in counseling:

SCENARIO

Emily, a 25-year-old, is seeking counseling from Rachel, a licensed therapist, for depression. During the
initial session, Rachel establishes clear boundaries.

ESTABLISHING BOUNDARIES

Rachel:

1. DEFINES COUNSELING RELATIONSHIP: Rachel explains that their relationship is professional and
therapeutic, and that she will maintain appropriate boundaries.

2. SETS PHYSICAL BOUNDARIES: Rachel maintains a comfortable physical distance from Emily during
sessions.

3. ESTABLISHES COMMUNICATION BOUNDARIES*: Rachel informs Emily that she can be reached by
phone or email during business hours, but not outside of those hours.

4. SETS SESSION BOUNDARIES: Rachel schedules 50-minute sessions with Emily, and they agree to start
and end on time.

5. AVOID DUAL RELATIONSHIPS: Rachel informs Emily that she cannot engage in social relationships or
friendships outside of the counseling relationship.
MAINTAINING BOUNDARIES

During subsequent sessions, Rachel:

1. MAINTAINS CONFIDENTIALITY: Rachel keeps Emily's personal information and counseling details
confidential.

2. Avoids physical contact: Rachel refrains from physical contact, such as hugging or touching, during
sessions.

3. *RESPECTS EMOTIONAL BOUNDARIES*: Rachel avoids emotional entanglements and maintains

BENEFITS OF BOUNDARIES

By establishing and maintaining clear boundaries, Rachel:

1. Ensures a safe and professional environment: Rachel creates a safe and respectful space for Emily to
explore her feelings and concerns.

2. PREVENTS EXPLOITATION: Rachel avoids exploiting Emily's vulnerability or trust.

3. MAINTAINS OBJECTIVITY: Rachel remains objective and focused on Emily's therapeutic needs.

4. PROMOTES TRUST: Rachel's clear boundaries and professional demeanor promote trust and respect
in the counseling relationship.

LEGAL ISSUES AND MANDATE REPORTING

Legal Issues in Counseling:

1. Confidentiality: Counselors must maintain client confidentiality, except in cases where disclosure is
required by law.

2. Informed Consent: Counselors must obtain informed consent from clients before starting counseling.
3. Malpractice: Counselors can be held liable for negligence or misconduct.

4. Defamation: Counselors can be sued for defamation if they make false statements about a client.

5. HIPAA: Counselors must comply with the Health Insurance Portability and Accountability Act (HIPAA)
regulations regarding client confidentiality and record-keeping.

Mandatory Reporting in Counseling:

1. CHILD ABUSE: Counselors are required to report suspected child abuse or neglect to child protective
services.

2. Elder Abuse: Counselors are required to report suspected elder abuse or neglect to adult protective
services.

3. Suicidal Ideation: Counselors may be required to report clients who are at risk of harming themselves
or others.

4. Tarasoff Duty: Counselors have a duty to warn third parties if a client poses a serious threat of
violence to them.

5. Duty to Protect: Counselors have a duty to protect clients and others from harm.

Consequences of Not Reporting:

1. Civil Liability: Counselors can be held liable for damages if they fail to report suspected abuse or
neglect.

2. Criminal Charges: Counselors can face criminal charges for failing to report suspected abuse or
neglect.

3. Professional Disciplinary Action: Counselors can face disciplinary action from their professional
licensing board for failing to report suspected abuse or neglect.

It is essential for counselors to be aware of their legal obligations and mandatory reporting
requirements to ensure they provide ethical and responsible care to their clients.