school counselor confidentiality when questioned by attorney

Legal privilege is different. While confidentiality in school counseling is an ethical term, legal privilege is (obviously) a legal term. Whenever there’s a struggle between ethics and the law, the law always prevails. Legal privilege is given to attorneys, doctors, and licensed professional

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What is a school counselor’s obligation regarding confidentiality?

While confidentiality in school counseling is an ethical term, legal privilege is (obviously) a legal term. Whenever there’s a struggle between ethics and the law, the law always prevails. Legal privilege is given to attorneys, doctors, and licensed professional counselors, among others. But in many states, school counselors are certified rather than

Do counselors have a right to confidentiality?

The Rationale ASCA and its members affirm their belief in the student’s right to be treated with respect and dignity (ASCA, 2016, A.1.a). It is the school counselors’ responsibility to fully respect the right to privacy of those with whom they enter a counseling relationship and to provide an atmosphere of trust and confidence (Lazovsky, 2008; ASCA, A.2.).

What is a school counselor’s ethical and legal obligation?

and the American School Counselor Association’s Ethical Standards for School Counselors (ASCA, 2010), school counselors are expected to protect student confidentiality unless information is deemed to be of serious and foreseeable harm to the student or to others, or it is legally required to breach confidentiality. The important

What is privileged communication between a school counselor and a student?

Mar 01, 2016 · School Counselor Questioned by Student's Parents After Child Abuse Report; ... costs and attorney's fees. ... Any coaxing or coercion for such a meeting offends the logic of confidentiality laws. The school counselor may use the opportunity to try to help parents/guardians develop better approaches in working with their children, but it should ...

Are school counselors supposed to keep things confidential?

A school counselor, who is in a counseling relationship with a student, has an ethical and legal obligation to keep information contained within that relationship.

In which two circumstances are school counselors most often required to testify in court?

Generally speaking, school counselors are required to testify in court proceedings when subpoenaed. Although school counselors have confidentiality requirements, school counselors cannot deny the courts their testimony unless their students are given privileged communication in state statutes.

Are guidance counselors confidential?

Confidentiality ensures that school counselors won't share students' disclosures with others except when the student authorizes it or when there is a clear and present danger to the student and/or to other persons.

What a school counselor should not do?

12 School Counselor Mistakes You Can AvoidIt's Ok to Say No. ... Not Planning Ahead. ... Being a Disciplinarian. ... Assuming Everyone Knows Your Role. ... Joining the Workplace Drama. ... Missing Out on Opportunities to Help. ... Forgetting Confidentiality Rules. ... Dismissing Suicidal Comments as Harmless.More items...•Feb 12, 2021

When should you break confidentiality at school?

According to ethical guidelines set forth by several professional organizations (e.g., American Counseling Association [ACA], 2005; American School Counselor Association [ASCA], 2004), counselors have an ethical responsibility to break confidentiality when a client's behavior is dangerous enough to pose potential harm ...

Why do most states not grant privilege communication to school counselors?

In the majority of states, school counselors are required to testify in court proceedings. ... There is judicial reluctance to extend privileged communication to school counselors' students because of the age of their students, the mandated setting, parental rights and the nature and function of schools.

Can school counselors tell parents everything?

Ultimately, cutting is a form of self-harm, and best practice and the ASCA Ethical Standards for School Counselors advise school counselors to inform parents/guardians so they have the opportunity to intervene.

What is triadic dependent?

The triadic-dependent model is when an individual or professional seeks help from another professional to help him or her improve his or her skills so that they're better able to help a client.Nov 13, 2021

What is the meaning of canselor?

1 : a person who gives advice or counseling a marriage counselor. 2 : lawyer specifically : one that gives advice in law and manages cases for clients in court The defendant conferred with his counselor. 3 : one who has supervisory duties at a summer camp The counselor led the campers on a hike through the woods.Feb 15, 2022

When a counselor communicates with a client using email?

When a counselor communicates with a client using e-mail... The client should be advised that e-mail messages can always be retrieved and that e-mail systems are not as secure as other means of communication.

What are the limits to confidentiality?

The 'limits of confidentiality', it is argued, are set by the wishes of the client or, where these are not known, by reference to those whose right and need to know relate to the care of the client.

Who owns the privilege of the communications spoken in a counseling sessions?

The United States Supreme Court decision, Jaffee v. Redmond (1996), held that communications between psychotherapists and their clients are privileged and, therefore, are protected from forced disclosure in cases arising under federal law.

What are some legal issues in counseling?

Legal Issues Encountered by Counselors Determining whether a client was suicidal was the most prevalent legal issue encountered by counselors. Other prevalent legal issues were deter- mining whether to report suspected child abuse and determining whether a client posed a danger to others.Aug 29, 2008

What are some legal and ethical issues in counseling?

A Look at Ethical Issues in School CounselingConfidentiality and Its Limits. ... Keep a Professional Distance. ... Respect Differences in Cultural Values and Traditions. ... Provide Equal Access to Opportunities and Support. ... Be Aware of Dual Relationships.

What are ethical concerns in Counselling?

The most common ethical issue faced by mental health professionals is maintaining boundaries. ... It is outside of the ethical boundaries of the field to counsel a family member, a friend, or even a neighbor. Every client deserves an unbiased, objective therapist and the same level of confidentiality as all other clients.Nov 15, 2021

What is an example of breach of confidentiality?

Some examples of breaches of confidentiality agreements may include: Publishing confidential information in a written document, newspaper, online article, or other such publication. Orally disclosing the information to another person. Revealing the information through non-verbal communication.Mar 7, 2018

What information should be kept confidential in a school?

All information about individual children is private and should only be shared with those staff who have a need to know. 2. All social services, medical and personal information about a child should be held in a safe and secure place which cannot be accessed by individuals other than school staff.

When should confidential information need to be passed on?

Examples of situations where information, normally considered to be confidential, might need to be shared: A person is likely to harm themselves. A person has been, or is likely to be, involved in a serious crime. A person is likely to harm others.

What are the exceptions to confidentiality in counseling?

Which Circumstances Are Exempt from Confidentiality?The client is an imminent and violent threat towards themselves or others.There is a billing situation which requires a condoned disclosure.Sharing information is necessary to facilitate client care across multiple providers.More items...•Jan 15, 2019

What is confidentiality in counseling?

Confidentiality is an important aspect of counseling. This means that under normal circumstances no one outside the Counseling Center is given any information — even the fact that you have been here — without your expressed written consent.

Are confidential and privileged communications the same?

Confidentiality can be defined in terms of a counselor's duty not to disclose information about their client, while privileged communication in a counseling context can be defined in terms of a client's privilege not to have their counselor disclose information about them in a legal setting such as a court of law.Mar 25, 2019

Can my counselor tell my parents what I say?

Knowing that you can say anything to your therapist and it will remain in the room helps you feel safe and builds trust between you and the therapist. For this reason, all therapists are legally and ethically bound to keep their sessions confidential and not share with anyone else what was talked about.

Do school counselors have to tell parents about pregnancy?

Education Code section 49602(c) permits, but does not by its terms require, a school counselor to disclose personal information (including pregnancy-related or abortion-related information) received from an unemancipated student age 12 or older to the student's parents or school principal when the counselor has ...Dec 29, 2011

Are counselors allowed to tell parents?

If you choose to tell your friends or family that you're seeing a psychologist, you are free to do so. How much information you decide to share is up to you. Psychologists are ethically bound to protect your privacy regardless of what information you choose to share with others.Oct 19, 2019

Conversations: Confidentiality in School Counseling

What do you share with parents, teachers or your administration about a student’s progress or participation in school counseling services? Is your confidentiality policy considerate of student trust as well as student growth?

All or Nothing Confidentiality Policies Limit Progress

Confidentiality is there to build trust and rapport while working towards goals. Students, elementary through high school, benefit from wrap-around services to make meaningful progress. They need multiple adults helping them practice skills and reinforcing their efforts.

Find the Balance by Being an Advocate

It’s often tough to strike that balance between maintaining students’ confidentiality and communicating with the adults who—after all—spend so much more time with them than I do.

No Surprises in Confidentiality

I am passionate that little humans need the support of the adults in their life when they are working on something. Whether that be grief, behavior, self-esteem, or any other concern that’s going on with them. I always tell teachers and parents that they will know what the child is working on even if I don’t share all the details.

What is the test for a student to make informed decisions about his or her personal information?

Rather, the test is whether the student has the requisite maturity and intelligence. This will impact on the student’s parents’ rights to access information about their child, including counselling records. If a counsellor believes a student has the requisite maturity and intelligence to make informed decisions about his or her personal information, the counsellor should seek the consent of the student before disclosing any information to his or her parents. The relationship between the counsellor, student and parents may be more complicated if the parents are paying school fees or have engaged the counsellor privately. The parents may expect access to the records because they are paying for the counselling either directly or indirectly. Regardless of who is paying, the counsellor still owes a duty of confidentiality to the student. Practically, these issues are best dealt with before counselling begins. The counsellor should notify the parents and the student what information will be disclosed. This is best done in writing.

Can a school counsellor disclose health information?

Bearing in mind both the common law duty of confidentiality and the privacy laws, I turn to those situations in which a school counsellor may safely disclose confidential and health information to people other than the student.

Why is there a duty of confidentiality?

At common law, there is a duty of confidentiality which arises because of the confidential nature of the counsellor/student relationship. Examples of other confidential relationships in which the duty arises are those between banker and customer, and lawyer and client.

What is the law that protects the privacy of counsellors?

Statutory privacy law respects and supports the principle of confidentiality. Privacy, however, involves a different approach. Privacy recognises that counsellors and other health providers interact with many others and that health information is handled by a broad spectrum of people. Not all of the people who handle health information are bound by a duty of confidentiality. Privacy legislation attempts to cover the wide range of ways that health information is handled. It does this by entitling the person, who is the subject of the health information, to have the greatest possible control over the flow of their own information. Privacy is an obligation to the subject of the information. The obligation exists regardless of who actually provided the information. The Privacy Act 1988 (Cwlth) complements the common law duty of confidentiality and professional and ethical obligations related to the provision of counselling services. The Act does not replace the common law duty of confidentiality. The Act applies to all private sector organisations and individuals delivering counselling services. Accordingly, counsellors must not do anything, or engage in any practice, that breaches the Australian Privacy Principles (APPs). These APPs regulate the way counsellors collect, store, use and disclose different types of personal information, and the way individuals may seek to access and correct that personal information. The APPs replaced the National Privacy Principles (NPPs) in March 2014 as part of a broader range of amendments to the Privacy Act. Although these amendments were significant, counsellors should find that their obligations under the APPs are, in a practical sense, consistent with their previous obligations under the NPPs. The Privacy Act applies to independent schools and their counsellors throughout Australia. The Privacy and Personal Information Protection Act 1998 (NSW), which contains similar principles to the Privacy Act, applies to government schools in NSW, and therefore to counsellors in those schools. The NSW Department of Education has a Privacy Code of Practice2 with which counsellors in government schools should be familiar.