Week 8 Discussion

Please no plagiarism. I have attached an example.

Failure to Report

Failure to report suspected child or elder abuse can result in criminal and/or civil liability. There are consequences for false reporting and counselors should be mindful of false reporting laws, as well as immunity statutes and case law. People who report in “good faith” are generally immune from criminal and civil liability. The protection of client confidentiality is a general ethical mandate in counseling. Therefore, the failure to report in a mandated reporting situation can be laden with ethical and legal implications.

As a professional counselor, you are entrusted with sensitive information regarding your client’s lives. It is quite possible that you will be approached and will be required to relinquish this information on a day-to-day basis. Therefore, understanding the legal mandates regarding failure to report is important for not only maintaining your professional career, but for also ensuring ethical counseling practice.

For this Discussion, review the Learning Resources for this week and consider mandatory reporting issues for child abuse, elder abuse, abuse of the mentally ill, harm to self and/or others, end-of-life decisions, HIV positive/AIDS and unprotected sexual activity. Consider the implications of failing to report these issues. Then, explore the existence of statutory requirements in your state or region.

Post by Day 3 two examples of mandatory reporting issues. Then, explain two ethical and two legal implications of failing to report in these examples. Finally, explain whether there is a statutory requirement to report these issues in your state or region. If not, explain your course of action.

Be sure to use the Learning Resources and the current literature to support your response.

Respond by Day 5 and propose alternative ethical and legal implications for failing to report in the examples your colleague selected.

Required Resources

Readings

• • Remley, T. P., Jr., & Herlihy, B. (2016). Ethical, legal, and professional issues in counseling (5th ed.). Upper Saddle River, NJ: Pearson.
    • Chapter 6, “Records and Subpoenas” (pp. 130-153)Review from Week 5.
    • Chapter 10, “Technology in Counseling” (pp. 245-263)
    Note: Your text includes the 2005 ACA Code of Ethics. For this course, we will refer to the 2014 ACA Code of Ethics which can be found here: http://www.counseling.org/resources/aca-code-of-ethics.pdf

• Sommers-Flanagan, R., Sommers-Flanagan, J., & Welfel, E. R. (2009). The duty to protect: Ethical, legal, and professional considerations for mental health professionals. In J. L. Werth, Jr., E. R. Welfel, & G. A. H. Benjamin (Eds.), The duty to protect and the ethical standards of professional organizations(pp. 29–40). Washington DC: American Psychological Association. Retrieved from the Walden Library databases.

• 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.

• Simone, S., & Fulero, S. M. (2005). Tarasoff and the duty to protect. Journal of Aggression, Maltreatment & Trauma, 11(1/2), 145–168.Retrieved from the Walden Library databases.Review from Week 4.

• Document: Landmark Legal Cases

Media

• Laureate Education, Inc. (Executive Producer). (2014). Lifespan Development  [Video]. Baltimore, MD: Author. Note: The approximate length of this media piece is 2 minutes.

Accessible player --Downloads--Download Video w/CCDownload AudioDownload Transcript

Optional Resources

• Gutheil, T. G., & Gabbard, G. O. (1993). The concept of boundaries in clinical practice: Theoretical and risk-management dimensions. The American Journal of Psychiatry, 150(2), 188–196. Retrieved from the Walden Library databases.

• U.S. Department of Health and Human Services: Child Welfare Information Gateway: State Statutes Search.