Ethical/Legal Issues & The Professional School Counselor

1. Ethical/Legal Issues & The Professional School Counselor Edward A. Wierzalis, PhD, NCC, ACS University of North Carolina at Charlotte

2. What does it take to be an ethical person? • What does it take to be an ethical professional? • What does it take to be an ethical professional school counselor?

3. Agenda • Ethical Counselor & Ethical Standards • Confidentiality& Privileged Communication • Developmental Considerations • Ethical Obligation to Students • Legal Obligation to Parents • Suggestions for working with Parents & Students • Other Suggestions • Ethical Use of Information Technology • Ethical Considerations Using Social Media • Recommendations • Discussion: What are some of the issues? • Steps for making Ethical Decisions • Web2.0 Tools • Resources

4. The Ethical Counselor The ethical counselor demonstrates the importance of the rights of the student by providing the student with informed consent, establishing confidentiality, and maintaining a professional relationship. • Appreciates the power of the counseling relationship • Is aware of the boundaries and limits of their own competence and training • Maintains professional growth, accurate knowledge, and expertise

5. Ethical Standards • Ethical standards serve three purposes: - to educate members about sound ethical conduct - to provide a mechanism for accountability - to serve as a means for improving professional practice • Professional organizations and credentialing organizations: ACA, ASCA, NBCC, CACREP, LPC (NC) Ethical principles do not define behavior; they are the basis for behavior.

6. Confidentiality • Students have an ethical right to confidentiality [students own the information shared and it is only entrusted to us] Counselors solicit private information from students only when it is beneficial to the counseling process [not out of curiosity]. • Exists for the benefit of the student even though he or she may be a minor • Is acting in “good faith” for the betterment of the student (Mitchell, Dique, & Robertson, 2002 p.158) • Requires that counselor’s carefully consider when it is appropriate to disclose information • Delineates the counselor’s position as different from that of a teacher or administrator (Mitchell, Dique, & Robertson, 2002 p.158)

7. Confidentiality • Boundaries must be clarified to parents and students • Students should be informed about when confidentiality must be broken • Disseminate information in student handbooks that are distributed to parents • Present information regarding confidentiality in a general format i.e. classroom guidance and large groups

8. Confidentiality & Privileged Communication • Privileged Communication: the privacy of the counselor-student communication. - The privilege belongs to the student[and the parent/guardians], who always has the right to waive the privilege and allow a counselor to disclose. [ never disclose without informing the student first]

9. Confidentiality & Privileged Communication • A counselor can request that disclosure not be required when the release of confidential information may potentially harm a student or the counseling relationship (ASCA, A.2.g)

10. Limits to Confidentiality • DUTY TO WARN: ASCA A.2.f; A.7.a; A.7.b; A.7.c the general requirement that counselors keep information confidential does not apply when disclosure is required to prevent clear and imminent danger to the student or others. • contagious and potentially fatal diseases [“justified disclosure” not “should”but “must”] • Other situations that constrain the limits of confidentiality: - consultation - group counseling - family or guardians - releasing information to other groups[military, insurance] - court proceedings - school environs [with discretion and when essential]

11. Developmental Considerations • Consider the competency or developmental age of the student • Age of the student is the most significant variable in dealing with confidentiality (Isaacs & Stone, 1999) • Adolescents between the ages of 11 & 14 vary in their understanding of their rights and issues (Gustafson & McNamara, 1987, p.158) • Identify the developmental benchmarks used by school counselors (Isaacs & Stone, 2001)

12. Ethical Obligation to Student Professional School Counselor: • Promotes the welfare of individual students • Is well informed regarding a student’s rights (laws, regulations, policies i.e. FERPA, HIPAA –PHI, ADA) • Always informs the student before releasing any information • Reports any form of suspected abuse and assists other staff members in reporting such abuse • Understands that any inappropriate relationship is consider a grievous breach of ethics

13. Legal Obligation to Parent Professional School Counselor: • Has a legal obligation to the family and guardians and an ethical obligation to students (Schmidt, 2003) • Uses their professional judgment as to what is“appropriate” inclusion of parents or guardians (McCurdy & Murray, 2003, p.396) • Parents or guardians have the legal right to know the content of counseling sessions with minors (Remley, 2003) • The presumption of confidentiality may directly contradict state laws (Mitchell, Disque, & Robertson, 2002)

14. Suggestions for Working with Parents • If the student does not trust the counselor’s commitment to confidentiality, the child may not share honestly • Explain the Ethical Code(s) to parents and your obligation to abide by these principles • Clarify that it is not the counselor’s job to be an informer between parents and the child • Suggest parents themselves ask the child about the desired information • Discuss different approaches parents might employ with their children

15. Suggestions for Working with Parents & Students • Suggest parents and the child meet together with the school counselor • Inform the student of their parent’s inquiry and suggest ways to talk to their parents • Prepare the student to take the lead in sharing information with parents • Consider cultural differences and the role of parents and family (Lawrence & Robinson Kurpius, 2000, p.133)

16. Other suggestions • Ensure periodic updates of state laws and district policy • Consider action on a case by case approach • Make no assumptions • Always err in the best interests of the student • Practice within the limits of your abilities • Keep accurate and objective records of all interactions • Maintain adequate professional liability insurance • Recognize how your own values and beliefs may influence your perception of students behavior • Establish a network of peers to consult; both school and non-school

17. Ethical Use of Information Technology in School Counseling • Necessity for Technology - Information & Resources [career, college….] - Communication & Collaboration - Interactive & Productivity Tools [data analysis…] - Delivery of services: Most controversial and source of most ethical issues. * confidentiality * boundaries * electronic files and information [FERPA] * emails [always there]

18. ASCA Code of Ethics • A.10. Technology • Professional school counselors: • b. Advocate for equal access to technology for all students, especially • those historically underserved. • c. Take appropriate and reasonable measures for maintaining confidentiality • of student information and educational records stored or • transmitted through the use of computers, facsimile machines, telephones, • voicemail, answering machines and other electronic or • computer technology. • d. Understand the intent of FERPA and its impact on sharing electronic • student records.

19. NBCC & NCDA Standards relevant to School counseling Practice • Be able to ensure that the Web-based service is appropriate for a given student • Safeguard student confidentiality in Web-based communication through encryption • Ensure that Web-based services are available to students with disabilities • Disclose the nature of student information that is electronically stored, including the length of time it will be maintained before being deleted • Assure that Web sites linked to the school counseling program are ethical, professional, and provide appropriate and current information

20. Ethical Considerations when Using Social Media • Social Media: cell phones, Facebook, Twitter, emails, etc. • Concerns: - unintentional self-disclosures & privacy - compromising professional relationship - “befriending” – professional boundaries - blurring the lines between acceptable and risky personal and professional behavior - breach of “confidentiality” - multiple relationships “e-professionalism” : professional attitudes and behaviors displayed via online personae.

21. Recommendations Final words to guide professional school counselors: • always document in writing what you did and why you did it [document, document, document] • if you did not follow a policy, document why you did not (e.g. not calling the parent because it was handled as an abuse case; with held information to protect confidentiality…) • know federal, state, and local laws, regulations, policies, and guidelines • consult with a colleague or supervisor when you have questions or doubts • consult with an attorney when appropriate [district; state and national association] • know the ethical code(s) that frame your actions and decisions

22. Discussion eawierza@uncc.edu

23. What are Some of the issues…. • Sexual activity: is it noted as potential harmful behavior? depends on age? parent contact? confidentiality? • A student not assigned to you shares personal information and continues to come to you because they are not comfortable with assigned counselor • Befriending students via personal social media networks • Staff/colleagues (principal, teachers) asking about confidential information…what needs to be shared while still protecting the student’s right to confidentiality?

24. What are Some of the issues… • Administration not wanting you to document particular situations [notes, database, etc.] • Student reports, in a candid conversation about their past, thinking about suicide years ago but has no thoughts currently. Do you contact the parent? • District or administration requesting that you share your notes or documents on a student…. • Any others………..?

25. Steps for making Ethical Decisions • Identify the problem • Apply the ASCA and ACA Ethical Codes and the Law • Consider the student’s chronological & developmental levels • Consider the setting, parental rights, & minor rights • Generate potential courses of action • Consider the potential consequences of all options and determine a course of action • Evaluate the selected course of action • Implement the course of action

26. Web 2.0 Tools for School Counselors • Weebly: http://education.weebly.com Weebly is a tool that lets you create a dynamic website for your school counseling program with ease. • Glogster EDU: http://edu.glogster.com Glogster EDU is a creative expression platform that allows you or your students to create a GLOG, or online multimedia poster. How about having students in individual or group counseling create a GLOG for self-expression? You can even create a GLOG for your school-counseling program’s website!

27. Web 2.0 Tools for School Counselors • Poll Everywhere: http://www.polleverywhere.com How about jazzing up your next guidance lesson with a poll that students can complete in real time, via the web or even their cell phones! The polls can be embedded into a PowerPoint or a Prezi. • Scribble Press (free): http://www.scribblepress.com iPad Apps for School Counselors A story creation app that contains pre-made stories. Students fill in the blanks with their information. A great individual counseling resource

28. Resources • ACA Code of Ethics (2005). Retrieved June 6, 2006, from http://www.counseling.org. • Bloom, J., & Walz, G. (2000). Cybercounseling and cyberlearning: Strategies and resources for the new millennium. Alexandria, Virginia: American Counseling Association. • Carey, J., & Dimmitt, C. (2004). The web and school counseling; Computers in the Schools, vol.21, no3/4, pp 69-79 : The Haworth Press, Inc. • Carlson, L.A., Portman, T.A.A., Barlett, J.R. (2006). Professional school counselor’s Approaches to technology. Professional School Counseling, v9, n3, p252-256, Feb. American School Counselor Association. • Hayden, L., Poynton, T.A., & Sabella, R.A. (2012). School counselor’s use of technology within the ASCA national model’s delivery system. Journal of Technology in Counseling, vol 5, issue 1, June.

29. Issacs, M. L. & Stone, C. (2001). Confidentiality with minors: Mental health counselors’ attitudes toward breaching or preserving confidentiality. Journal of Mental Health Counseling. 23/4, pp.342-367. • Lawrence, G., & Robinson Kurpius, S.E. (2000). Legal and ethical issues involved when counseling minors in nonschool setting. Journal of Counseling & Development. 78, pp.130-136. American Counseling Association. • McCurdy, K.G., & Murray, K.C. (2003). Confidentiality issues when minor children disclose family secrets in family counseling. The Family Journal: Counseling & Therapy for Couples and Families. Vol. 11, 4 Oct. 393-398. • Mitchell, C.W., Disque, J.G., & Robertson, P. (2002). When parents want to know: Responding to parental demands for confidential information. Professional School Counselor 6:2 Dec . American School Counselor Association. • National Board for Certified counselors. (1997). Guidelines for the new world of webcounseling. NBCC NewsNotes, 14(2), 1-2. Retrieved June 6, 2006, from http://www.nbcc.org/extras/pdfs/recert/newsletters/newsnotes_14-2.pdf.

30. Remley, T.P., Hermann, M.A., Huey, W.C. (Eds) (2003). Ethical and legal issues in school counseling (3rd ed.). Alexandria, VA: American School Counselor Association. • Stone, C. (2005). School counseling principles: Ethics and law. Alexandria, VA: American School Counselor Association • The WebCounseling Site. (2006). Retrieved June 6, 2006, from http://webcounseling.tripod.com/cgi-bin/in.pl.