Ethical and Legal Considerations When Counselling Children and Families

Abstract

There are numerous unique legal and ethical concerns that clinicians should consider when counselling children, adolescents, and their families. These, however, are not generally emphasised in most ethics courses in graduate training programs. While ethical codes vary among professional organisations (e.g., marriage and family therapy, counselling, social work, psychology), this article addresses many subjects that are common across disciplines, such as (1) informed consent, (2) types of confidentiality, exceptions, and reporting issues, (3) sharing information revealed to the practitioner to parents, and (4) subpoenas. Other important topics are the importance of counsellor competencies, multicultural considerations, and special topics including the use of touch and the role of the professional in divorce situations. Additionally, the role of computing and social media can enhance relationships for children, or be sources of stress or trauma. Lastly, laws, which typically supersede ethical codes often vary from state to state and nation to nation, and it is imperative that clinicians are cognisant of those in their jurisdiction.

Virtual Relationships and Systemic Practices in the Digital Era

“…Treating a minor implies an informed consent signed by parents. As Sori and Hecker (2015) observed, "the role of computing and social media can enhance relationships for children, or be sources of stress or trauma. While social media can help bridge the 'generation gap' between counselors and minors, additional concerns may arise regarding clinicians' decisions to share any concerns gleaned online with parents" (p. 461).…”

Sometimes Words Just Ain't Enough – Enhancing the Contribution of Children in Therapy through Creative Expression

“…There is much written by creative expressive therapists on the importance of providing children with alternatives to verbal expression if we are to access the rich and colourful experience of the child. (Freeman et al, 1997;Kozlowska & Hanney, 1999;Malchiodi, 2003Malchiodi, , 2015Shore, 2013, & Sori & Hecker 2015. It is through the marriage of these ideals of greater inclusion for children in family therapy, and recognising the appropriate mediums for expression for children that the child's contribution in the therapeutic activity is enhanced.…”

“…Art Therapy and Children Sori & Hecker (2015) note that therapists require special skills to work effectively with children either individually or in family settings. It cannot be assumed that tried and true approaches to therapy with adults can be directly applied to therapy with children as children are a unique and diverse client population (Sori & Hecker 2015). Child art therapy within a family context requires an understanding of how children operate in the world.…”

Addressing caregiver mental health in the neonatal ICU

“…Lastly, privilege refers to a patient's legal right to have their information kept from being disclosed in legal proceedings. Although exceptions may be made based on state laws, patients would otherwise need to waive privilege [49]. Licensed mental health clinicians are obligated to document information such as diagnosis, treatment plan, progress and other results relevant to the patient .…”