Read the article below and discuss your views and the pros and cons of working with Court Mandated Clients. APA 7th edition format and no plagiarism. Must provide plagiarism report

Prin t

Author: Cade, Rochelle

Date: Apr 1, 2015

Words: 1215

Publication: The Advocate (American Mental Health Counselors Association)

ISSN: 1552-6208

Gerald, after a second arrest for Driving While Intoxicated, was required to attend an evaluation and

counseling for substance abuse as a condition of his probation. He arrives to his first appointment and

tells the counselor that he does not have a problem with alcohol. Instead, he says he is just unlucky

with the law and that his wife is the one who really needs counseling.

He tells the counselor he will abstain from drinking alcohol while on probation, but will drink again once

he completes his probation term. He openly states that counseling is a waste of his time.

Clinical mental health counselors have increasingly received referrals for clients like Gerald, who are

mandated to attend counseling. Courts, looking for alternatives to sanctions and for means to prevent

recidivism, frequently order offenders to participate in counseling. This practice has been referred to as

court-mandated counseling, mandated counseling, court-ordered counseling, or compulsory counseling.

It's important that CMHCs know how to work ef fectively with court-mandated clients.

DEFINING CHARACTERISTICS OF COURT-MANDA TED COUNSELING

A defining feature of court-mandated counseling is that the client does not choose, on his or her own, to

enter counseling. Gerald did not wake up one morning and decide that he needed or wanted to see a

counselor . He sought counseling services because a judge ordered it in his probation terms.

A second distinguishing feature is that the client's problem, and the reason the client is being referred to

counseling, has typically been identified for the client by someone else. The problem or reason for the

referral is usually related to the most recent offense or criminal history. In Gerald's case, the court

determined that he has a substance abuse problem and that this problem is related to his two arrests,

regardless of whether or not Gerald agrees that he has a substance abuse problem.

A final defining feature of court-mandated counseling is that the client's attendance or participation in

counseling is usually tied to consequences. If Gerald fails to attend a counseling session or fails to

make progress towards treatment goals, this could be considered a failure to abide by the conditions of

probation. If alleged as a violation of probation in a motion to the court to modify or motion to revoke the

client's probation, it is imperative that CMHCs know the consequences that their clients will face.

These consequences may include:

* Increased sanctions such as additional hours of community service,

* Inpatient treatment, and

* Jail or prison.

SOME COMMON ASSUMPTIONS ABOUT COURT-MANDA TED CLIENTS

Court-mandated clients are frequently thought of or written about as unmotivated to change and

unwilling to engage in the counseling relationship or therapeutic process. Adjectives such as "resistant"

or "reluctant" are frequently used to describe court-mandated clients. These labels reflect assumptions held by clinical mental health counselors new to working with this population and experienced CMHCs

who have become cynical or burned out.

These assumptions ignore the fact that many mandated clients have some motivation to make changes

in their lives and actively participate in counseling. In fact, many of these clients make significant

progress towards their goals and in doing so, make meaningful changes in their lives.

Bethany is an example of such a client.

After her two children were removed from her custody for neglect, Bethany was ordered to attend a

parenting program and three months of counseling. Unsure of what to expect in her first counseling

session, Bethany brought her certificate of completion from her parenting program and scribbled on the

back of her certificate two ideas of things she wanted to work on in counseling.

Clients like Bethany serve to challenge the idea that court-mandated clients are a homogeneous group

and reinforce the reality that court-mandated clients are a diverse client population.

INFORMED CONSENT FOR CLIENTS LIKE BETHANY OR GERALD

An essential part of the counseling process with any client, informed consent takes on additional

significance with court-mandated clients.

Consequences of Terminating or Missing Sessions

Unlike traditional clients, who may choose to terminate counseling without consequence, court-

mandated clients will typically have a consequence from the referral source if they terminate

counseling. It is essential for the CMHC to understand and discuss with the client the consequences of

termination, and how the referral source defines lack of progress or missed sessions. These

consequences vary based on the referral source and differ in terms of severity and significance to the

client.

Confidentiality

An element of informed consent, confidentiality warrants further discussion with court-mandated clients

because the referral source typically expects to receive communication on the attendance and progress

of the client. Even though the client gives written consent to release information, it is important that the

CMHC clearly describe how, when, and what information the CMHC will communicate with the referral

source.

Clients also need to know that information shared with the referral source can be used for and against

them, and that the clinical mental health counselor does not have control over how the information is

used once it is released.

The Role of the Clinical Mental Health Counselor

Discussing the CMHC's role and function, and dif ferentiating that from others in the referral system (e.g.

case manager, probation officer), is another important consideration in informed consent with court-

mandated clients. The client typically assumes the CMHC is an extension of the referral system, has

the same intentions or purpose as the referral system, and aligns with the system's view of the problem

and/or the client.

The client may also assume that the relationship between the CMHC and the referral source is closer or

more interactive than it actually is. Clinical mental health counselors should discuss their role early in

counseling, especially as the topic will likely be revisited in future sessions when the client has a

question or concern that needs to be addressed or answered by someone else in the referral system. At the conclusion of the informed consent process, it can be helpful for the CMHC to explore and

process how the client thinks or feels about his/her referral to counseling. CMHCs can normalize the

client's feelings of anger or frustration, reluctance, or ambivalence to engage in counseling, and if

relevant, his or her initial distrust or suspicion of the counselor.

PROVIDING AN EXPERIENCE ROOTED IN EMP ATHY T O THESE CLIENTS

Clinical mental health counseling can be a great benefit to court-mandated clients like Gerald and

Bethany . Sometimes what gets in the way of these clients' progress is not only their own challenges, but

commonly held assumptions about them.

These clients are accustomed to blame, confrontation, and punishment, all common approaches within

the criminal justice system. Counseling presents these clients with an alternate experience of a

professional relationship that is rooted in unconditional positive regard, empathy , and genuineness.

Through effective clinical mental health counseling, court-mandated clients have an opportunity to move

beyond their criminal behavior and towards fulfillment of their personal goals and overall well-being.

By Rochelle Cade, PhD, LPC-S

Belton, Texas

Rochelle Cade is an assistant professor in the Graduate Counseling Department at the University of

Mary Hardin-Baylor . She is a Licensed Professional Counselor (LPC) in Texas and Mississippi and an

approved supervisor (LPC-S) in Texas. She has worked with adult and juvenile of fenders and has

supervised master's-and doctoral-level interns working with this population. She can be reached at

[email protected] .

CO PYR IG HT 2 015 A m eric an M enta l H ealth C ounse lo rs A sso cia tio n

Copyrig ht 2 015 G ale , C engage L earn in g. A ll rig hts r e se rv e d.