Wednesday, March 13, 2013

Counseling challenges: Cultural, ethical, and legal issues (Also known as the "Very nice effort" paper)


Abstract
Counselors often walk a delicate line between helping their clients, and the ethical and legal issues that come with working with individuals who are in distress. While there are set guidelines in place for counselors regarding such issues, it is often not a clear pathway to navigate smoothly. If a counselor does not make the right choice during practice, they risk repercussions, not just professionally, but on a personal level as well. Being entrusted with the lives of others, knowing that steps and decisions made during treatment can ultimately change the life of another human being, is a massive responsibility, and one that should not be taken lightly. Cultural competence plays a role in therapeutic pathways, and approaches should be tailored to suit the unique needs of clients, while still abiding by the legal and ethical implications that may arise. Working with a variety of professionals can also complicate the journey, making effective communication with clients and other treatment team member an essential key to mental health. 
Legal guides for counselors
            Counselors often wear many hats in the course of their position: confidant, guide, assistant, life coach, advocate, mentor, and occasionally work as a mediator between the legal system and their client. Working in such a diverse role, counselors are tasked with a great deal of responsibility, which also brings consequences for both the client and the counselor depending on the efficacy of treatment and the adherence to the ethical and legal standards in place. There are several guiding organizations, each contributing a different piece of the legal puzzle counselors are asked to navigate.
Consulting the established guidelines is essential for counselors, their clients, and the entire mental health treatment community. Each branch of counseling has their own guide to standard of care, but most use the American Counseling Association’s Code of Ethics (2005) as a template from which they design their own guiding principles of care. There are currently 19 divisions of the American Counseling Association (Remley & Herlihy, 2010), allowing for a multitude of specialties, ranging from testing and gerontology, to art and sexual minority counseling. However, with the variety of areas available for counselors to practice, it is ultimately the responsibility of the counselor to seek out, learn, and abide by the regulations in place on the local, state, and governmental levels.
Decision-making models in counseling
            Due to the complexities involved in making ethical decisions for others, as well as remaining on the correct side of the legal system, counselors are often aided by the use of decision-making models. There are several to choose from, so finding one that best suits the situation, client, and specialty is possible with an examination of those available. Some specialties also have their own versions of decision-making models, including school, career, and addiction areas of focus. Some models are influenced by theoretical or philosophical sources, whereas others are founded in evidence-based practices (Cottone & Claus, 2000), further stressing the importance of finding the right one to fit the current need and dilemma.
            While the approaches may vary, one key aspect to any decision model remains constant: the legal standard of care counselor’s use when working with clients. The standard of care practiced by counselors, regardless of setting, must be consistent with what a reasonable, similarly trained and educated counselor would practice under the same set of circumstances (Remley & Herlihy, 2010). When consulting a decision-making model, it is imperative that counselors are able to separate their personal values from their professional role, as clients may possess a different value system, not shared by the counselor. Additionally, counselors need to realize that one decision-making model may not apply to all of their clients, thus making the need to be familiar with a multitude of approaches a necessity for an effective therapeutic outcome.
            One decision-making model for counselors working with a possible ethical dilemma, developed by Sileo and Kopala (1993), is a five-step model divided into an A-B-C-D-E method of approach that fits a variety of possible situations. The steps include assessment (A), benefit (B), consequences and consultation (C), duty (D), and education (E). Sielo and Kopala have even devised a worksheet to simplify the steps to what can be a complex process in finding a resolution to an ethical problem. While such a simplistic sounding approach may seem straight forward, it is essential for counselors to remember that despite the model used, that it cannot substitute for the combination of character, virtue, and counselor decision-making skills that come from experience and education (Jordan & Meara, 1990).
Even after employing the steps in a decision-making model, counselors may feel unsure about their actions and conclusion. In such instances, there are four self-tests one can take to evaluate the approach used and the outcome achieved (Remley & Herlihy, 2010). By analyzing the justice, universality, publicity, and moral traces that remain after a decision, a counselor can either feel more confident in their actions, or use their findings as an opportunity to learn and grow.
The A-B-C-D-E decision-making model in use
            In the case of Simone, an 18-year-old new mother who has a limited formal education, is receiving government assistance, and has no real motivation or future goals, it is essential for a counselor to approach the therapeutic relationship in a method that is helpful and does not come across as judgmental. Simone reports that she does not have a large support system in place, and lacks healthy and effective coping mechanisms, which are essential for individuals in similar positions. Teen pregnancy and motherhood is often associated with a negative impact in the realms of biological, social, and financial arenas of one’s life (Kramer & Lancaster, 2010).
Further complicating Simone’s situation is her familial history of mental health issues and her own possible learning disability, which some teachers had alluded to in the past. Possibly due to her stunted education and unhealthy family environment as a child, Simone is using marijuana to help her cope with the stress of being a new mother. All of these observations are associated with the first step in the decision-making model, assessment. Gathering information from clients allows the counselor to assess the strengths, weaknesses, depression, and resources, which can influence future steps. It is essential during the initial stage, and throughout the entire counseling relationship, that counselors put aside their own possible value conflicts and recognize that if such thing is not possible, they are ethically bound to make referral recommendations as per the 2005 ACA Code of Ethics (A.11.b.).
Upon assessing Simone’s presenting information, there are several areas that could benefit from further investigation. However, the physical and mental health of Simone and her child are the most pressing issues, and the ones that could benefit the most during the limited counseling sessions set forth by the grant that is providing payment for the services. Determining the key areas are essential in limited-duration counseling sessions, such as those arranged by Simone’s social worker.
After identifying the areas that would benefit most from assistance and change, it is time to move to the evaluation of the consequences and consultation stage of decision-making. It would be important to be honest with Simone about what could happen if she were to continue on her current path, including the possible legal implications that may occur due to her using and selling of marijuana. Simone’s lack of interest in pursuing any career goals could also negatively influence the quality of her life and that of her child as well. It is important for the counselor to remember that the approach used during counseling sessions has a possibility of pushing the client away, resulting in a negative consequence for themselves, as well as for their client. Consultation with outside professionals, namely addictions counselors, supervisors, and colleagues, may be of benefit to gain additional insight into the situation and steps that could be of benefit to the client.
Upon presenting the possible consequences and paths available to Simone, it is time for the counselor to assess who they have a duty to in the situation. Complicating the case is the fact that Simone has a child who solely depends on her for physical and emotional support. There could be possible child abuse or neglect at risk, which would make the question of “To whom do I have a duty?” a challenging one for the counselor to answer. According to the ACA Code of Ethics, counselor’s primary responsibility is to promote the welfare of the client (A.1.a.), however, with the addition of a child into the equation, it would be recommended for a counselor to consult their colleagues to determine if further notification is warranted. Under B.2.a. of the ACA Code of Ethics, confidentiality can be breached in the case of possible harm or legal requirements. However, such actions should be evaluated prior to undertaking, as the therapeutic relationship may be damaged, so it is imperative for the counselor to evaluate the possible ramifications that could occur because of breaching the confidentiality of the client and notifying law enforcement.
The final step in the current decision-making model is education, which applies to both the counselor and Simone. Education should be a career-long goal, as techniques, intervention methods, and laws evolve over time. In addition to addressing the ethical and legal issues that are associated with Simone’s case, it would also be important for the counselor to be culturally competent, as there are unique needs associated with the needs of the client. Not much is known about Simone’s cultural background, so it may be useful to delve into that area of her life to learn a little more about how her counselor and social worker can effectively address her needs. There are specific challenges that arise when counseling women, including the societal pressures to be a caregiver and provider for her child, discrimination based on gender, and employment barriers, especially among single mothers (Sue & Sue, 2013).
Education about the local marijuana laws would be applicable in Simone’s case, as there are avenues she could take that would allow her to legally obtain medicinal marijuana to help her cope with the anxiety of becoming a new mother. Under Oregon’s Medicinal Marijuana Program (OMMP), Simone would qualify for a reduced application fee since she receives public assistance (http://public.health.oregon.gov/DiseasesConditions/ChronicDisease/MedicalMarijuanaProgram/Pages/top20.aspx) if she wanted to pursue that option. However, it may be a challenge finding a doctor that would recommend her to the OMMP to obtain medicinal marijuana due to her present condition of being the sole caretaker for her child. While medicinal marijuana is legal in the state of Oregon, it is still considered a felony according to the federal government. Due to the possible legal implications, as Simone’s counselor, it would be important to educate her on other healthier options for stress management.
Personal values of counselors
            Keeping one’s professional and personal boundaries separate is essential in the field of counseling and mental health; however, it is not always possible to keep aspects of one out of the other. Counselors are people, with beliefs and values of their own, which may influence their view on certain subjects that may arise during sessions with clients. In the case of Simone, her drug use while caring for her child may violate the belief system of her counselor. Society and the medical community has deemed marijuana as a therapeutic drug that can help to soothe a variety of ailments. However, under federal law it is illegal, thus presenting a possible issue in both the legal and ethical realms for the counselor. Seeking amplifying information, in conjunction with consultation with colleagues and supervisors, can contribute to finding an amicable outcome for both the counselor and client.
            Personal and professional goals are an important aspect to the lives of many individuals, and without such, many counselors would not have achieved their goals of licensure. Encountering someone such as Simone, who does not identify as having any aspirations or goals to work towards may be another area where the values and beliefs of the counselor would be challenged. While Simone’s possible learning disabilities may hinder her potential, with effective assistance, she may be able to become motivated to achieve more out of life than sitting at home caring for her child, passively watching television and listening to music. However, it would be important to remember that not all individuals are motivated by goals, so projecting the desires of the counselor onto Simone could end in disaster due to the incongruent outlooks.
            Just as Simone’s history and background have influenced who she is today, counselors often bring their beliefs and experiences with them into practice. It is essential that they do not allow their values to taint their practice, which is often easier said than done. During the educational process, the professional horizons are broadened and effective counselors are able to live in a state of essential cognitive dissonance, holding that two possible conflicting beliefs can occur at the same time. Becoming comfortable with the fact that the values of clients will often differ from those held by the counselor is a key trait for successful therapeutic practice.
Conclusion
            Personal and professional value systems for counselors, while ideally exist in two different realms, may intertwine with one another, thus posing a risk of tainting the client and providing less than optimal therapeutic services. One key tool that counselors can when evaluating a possible ethical dilemma is known as decision-making models, one of which has been identified in the current paper. While the models do not guarantee an ethical and legal outcome of the situation, it does provide key questions to help the counselor to navigate and evaluate the challenges posed by their clients. Providing fair, factual, and helpful feedback to the clients regarding the possible ramifications associated with the choices they make can return a sense of personal power to the clients, knowing that ultimately the choice is theirs.

**References Available Upon Request**

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