Legal Issues and Counseling Essay

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Rachel Faybyshev

Professional Issues and Ethics in Counseling

Dr. Aaron Lieberman

Ethical Issues

Ethics and law are two concepts that are intertwined in the field of mental health though they have their own differences. According to Corey, Corey, Corey & Callahan (2014), law is a term that refers to the basic standards that will be tolerated by the society and imposed by government while ethics refers to the ideal standards that are established and imposed by professional associations. Medical professionals are faced with the need to be aware of any unethical behavior and practice since they can generate legal repercussions and affect licensure. This is an extremely important consideration for medical professionals, especially mental health practitioners who deal with situations that are likely to generate legal and ethical issues. An example of such as situation is Monique's situation, which has multiple relevant ethical and legal issues that need to be addressed effectively.

Ethical and Legal Issues in Monique's Situation

Throughout her schooling, Monique has been a good student with excellent performance until recently. She has struggled in her education and relations with her colleagues because of some mental health issues that have forced her art teacher to refer her for counseling. Counseling is considered as a suitable approach to addressing Monique's issues and helping her establish appropriate social interactions and improve her academic performance. One of the most important steps in counseling Monique is identifying ethical and legal issues in her situation.

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The legal issues in this scenario is the probability of statutory rape if she becomes sexually active with her 21-year-old boyfriend, the need to consider her parents' wishes since she's still a minor, parental rights, and her desire to harm people bullying her. The ethical issues include probable cultural issues since parents don't want counseling, sneaking out and possible cutting, confidentiality issues, the need to keep parents informed, rushed judgment by the school to expel her, and threats of suspension by the school if Monique doesn't consent to transfer.

Reasons for these Ethical and Legal Issues in Monique's Scenario

The ethical and legal issues in Monique's scenario emerge from three sources i.e. the individual herself, her parents, and the school system. The ethical issue of confidentiality emerges from the fact that there is need to maintain the client's privacy and confidentiality though there are parental rights like keeping the parents informed because Monique is still a minor. This is a major ethical issue because the counseling process requires consent from parents whose wishes cannot be disregarded while ensuring Monique's confidentiality is important in the counseling process. Additionally, this issue is brought by the need for ensuring a client's autonomy in decision-making in counseling practice (Counseling Connection, 2013). Given her….....

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