Week 8 Discussion

Mandatory Reporting Issues

As a professional counselor we have a duty to hold up respect, safety and security for people we help and families around them. Failure to report suspected child or elder abuse can result in criminal and or civil liability. As a professional we must put others before our own especial in instance where abuse is happening or suspected in happening. There are many examples of mandatory reporting issues that profession counselors are required to report, the first is suspected abuse and or neglect of a child. “If there is cause to believe that a child’s physical, mental health or welfare has been adversely affected by abuse or neglect by any person, immediately make a report” (Barbee, Combs, Ekleberry &Villalobos. 2007). This is extremely important because it puts the person out of harms way and others that may be affected. Another mandatory reporting issue is a client has disclosure that they have a contagious life-threatening disease that is knowingly putting other at risk.

Ethical & Legal Implications

There are many ethical and legal implications that come with failure to report a client who has disclosure they are knowingly putting others at risky with a life-threatening illness or disease. Section B.2.c of the ACA Code of Ethics (2014) states that when a client disclose that they have a disease commonly know to be both communicable and life threatening, a counselor disclosure of this information may be justifiable if others are knowing to be at serious and foreseeable risk in contracting the disease. There are many legal implications if a counselor fails to disclosure this information that is harmful to others. There is also a legal issue if a counselor disclosures information that is later found to not be life-threatening and contagious to others. This is a break in confidentiality of a client’s information. ACA Code of Ethics requires a counselor to first assess the intent of the client to inform any third parties about their disease or to engage in any behaviors that may be harmful to an identifiable third party (2014). In the state of Pennsylvania there is a statutory requirement to report if not it can result in a third degree felon (Hernandez, S. 2015)

When it comes down to reporting suspected abuse and or neglect of a child. When a counselor fails to report this form of abuse it is considered to be an ethical and legal issue and violation. ACA Code of Ethics Section B.2.a “Serious and Foreseeable Harm and Legal Requirements” information that is disclosure about serious and foreseeable harm to other is an example of when confidential is broken in order to protect clients or identified others. Counselors are to consult with other professionals when in doubt as to the validity of an exception. In regards to Pennsylvania professional’s requirement to report, any mandated reporter is require to report any suspicion of abuse, when reporting they must make a written report that includes their name and contact information (Child Welfare Information Gateway. 2013)

Reference

Barbee, P. W., Combs, D. C., Ekleberry, F., & Villalobos, S. (2007). Duty to warn and protect: Not in Texas. Journal of Professional Counseling, Practice, Theory, & Research, 35(1), 18–25. Retrieved from the Walden Library databases.

American Counseling Association (ACA). (2014). 2014 ACA code of ethics [White Paper]. Retrieved from http://www.counseling.org/docs/ethics/2014-aca-code-of-ethics.pdf?sfvrsn=4

Child Welfare Information Gateway (2014). Mandatory Reporters of Child Abuse and Neglect. Retrieved from https://www.childwelfare.gov/pubPDFs/manda.pdf#page=5&view=Summaries%20of%20State%20Laws

Hernandez, S. (2013). State-By-State: HIV Laws. Retrieved from http://projects.propublica.org/tables/penalties