Legal And Ethical Issues: Confidentiality, Privilege, Reporting And Duty To Warn

1366 words - 6 pages

Legal and Ethical Issues: Confidentiality, Privilege, Reporting and Duty to Warn

Liberty University


Any persons working in the social work, counseling or any helping profession will be faced with different incidents where they will be dealing with confidentiality, privilege, reporting and duty to warn. The research done, will allow readers to have a first hand look at different hypothetical and even factual events that have deal with confidentiality, privilege, reporting and duty to warn. All of the hypothetical or factual references made will be coming from the video (listed on reference page). There will also be a detail reaction describing my thoughts on the facts ...view middle of the document...

Four days latter the young boy died due to head trauma. Nurse Brown was late charged with failing to report child abuses. The reason Nurse Brown was charged in this crime was because by law she is a mandated reporter meaning she is required by law she “must make a report if he/she has reason to suspect, believe, or reasonable cause of child abuse” (Sommers, 2010).
An exception to confidentiality was covered next. Exception to confidentiality and disclosure was discussed in the legal process content. These exceptions can come bout in several different circumstances such as child custody, self-defense, HIPA. Exception to confidentiality can come about in lawsuit that put mental or physical condition in issues as a claim. “The active of suing for compensation for any injuries you waive any privilege of confidentiality” (Sommers, 2010). There is also child custody exception meaning if a family is seeking marriage counselor and at a later date they fail for a divorce the counselor notes can be used in the divorce. The notes would be used to in order to serve the best interest of the child/children. In cases like this the parent’s confidentiality becomes void. You can put all the exceptions in to list of mandated exceptions: the duty to warn, the duty to report, and duty to safeguard.
I began looking at the Virginia Board of Counseling rules and regulations, which covered a lot of information on duty to report adult or child abuse, neglect or exploitation. One of my main focuses was who is considered a mandated reporter. The Virginia State Board rules and regulations define a mandated as “persons who, in their professional or official capacity, have reason to suspect that a child is an abused or neglected child, shall report the matter immediately to the local department of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or to the Department's toll-free child abuse and neglect hotline” (Chappell, 2013). The list of mandated reporters ranged from social workers, officer’s teachers, anyone employed by any public or private organization. The list also enclosed health care professionals, the Virginia rules and regulations was the same as in the movie. To me it seems as if everyone is a mandated reporter. These rules and regulations went into detail about how a person is to fail a report, and what will happen if you fail to report.
After reviewing the Virginia Board of Counseling rules and regulations, I then review the ACA code of ethics. The ACA code of ethics was over twenty pages long. The ACA code of ethics over any ethical issues that a counselor maybe faced with. While reading over the ACA code of ethics confidentiality privileged communication and privacy had the greatest impact on. Respecting Client Rights was defined as “counselors maintain awareness and sensitivity regarding cultural meanings of confidentiality and privacy. Counselors respect differing views toward...

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