Section 6 Flashcards
Explain how the Tarasoff case has impacted confidentiality in the counselling relationship
p.284 (also somewhere in W1…)
S6
(Robinson, Lehr And Severi)
Counsellors are becoming increasingly concerned about liability if someone harms themselves or others. The Tarasoff case lead to a hyperfocus on the ethics of self and other harm.
Is having a graduate levels ethics course enough to prevent future ethical violations?
S6
p.284
(Robinson, Lehr And Severi)
No.
Fly van Bark et al. research suggests that it is not enough
Suggests that it would be more effective to
Continued encouragement of the lobbying of professional associations to legislate the counselling profession across Canada
AND
institute requirement for ongoing supervised practice of professional counsellors post grad
What is considered the corner stone of the counselling profession?
S6
p.287
(Robinson, Lehr And Severi)
TRUST within a confidential therapeutic relationship
What is the first thing you should clarify when working with third party cases and guardianship cases?
S6
p.287
(Robinson, Lehr And Severi)
Who the client is:
Insurance provider?
Parent??
Who owns confidentiality?
S6
p.287
(Robinson, Lehr And Severi)
The client.
What is privilege?
S6
p.291
Robinson, Lehr And Severi
When info is privileged, a witness may not be compelled to testify/disclose this information in court
*relevant information is excluded in order to further social values EXTERNAL to the trial process such as maintaining therapeutic, confidential relationships
Privileged communication protects against forced disclosure in legal proceedings.
What must counsellors do before promising to maintain confidentiality?
S6
p.294
(Robinson, Lehr And Severi)
Explain the limitations of it:
- imminent danger to third-party/self
- suspected abuse of a child/elder
- disclosure ordered by court
- client requests a disclosure
- client files a complaint
What was the result of the Tarasoff case
S6
p.298
(Robinson, Lehr And Severi)
An affirmative duty was imposed on therapists to warn a potential victim
What is the difference between a subpoena and a court order?
S6
p.303
(Robinson, Lehr And Severi)
Subpoena (summoms to witness) is issued by a lawyer
- document requiring counsellor named to got to court to be a witness and/or provide certain documents to the court.
Court order is issued by the judge
May be held in contempt of court if not obeyed
Note: request for information from a lawyer is NOT automatically a subpoena; it is an informal request and should be treated as such
According to the CCPA standards of practice, what should you do if you receive a subpoena or court order?
p.303
S6
(Robinson, Lehr And Severi)
- Respond promptly
- Do not alter client records
- Reflect on what would be the best for the client–are there grounds to argue that confidentiality should be maintained?
- Seek legal counsel before taking any action–could negotiate what information is released
- Inform relevant client named in subpoena
- Provide information to court in accordance with wigamore if information should not be released
What is a search warrant?
p.306
S6
Robinson, Lehr And Severi
Form of court order obtained by the Justice of the Peace who has reasonable grounds to think that evidence related to a crime is at a specific address.
Grants police permission to enter private areas.
Justice of the Peace balances individual privacy interests against interest of the state before issuing the warrant
Legally obligated to turn records over to police offers
What should you do if you get served a search warrant?
p.307
S6
(Robinson, Lehr And Severi)
Ask to see the warrant
-make sure it’s signed by justice of the peace
-make sure it is currently valid
-confirm the records they are requesting match verbally with what is on the paper
-ask for a copy for your records
Attempt to seek legal advice BEFORE responding to warrant
If you can’t —>
Providing the records
-Place them in a sealed envelope that reads ‘PRIVLEDGE ASSERTED. Do not open”
-Give police name of your legal counsel
-Inform client of what has occurred–advise them
Doctrine of qualified immunity
p.308
S6
(Robinson, Lehr And Severi)
Protects you from LIABILITY in the event you broke confidentiality out of concern for the clients, or others, well being
A GOLD A- Appropriate manner/parties G - Good Faith O - Occasion (proper) L - Limited in scope D- Demonstrated duty being fulfilled
Conditions that must be met:
- action was taken in good faith
- there was a demonstrative duty or interest to be fulfilled by the disclosure
- the disclosure was limited in scope to this duty or interest
- It was done on a proper occasion
- The disclosure was made in an appropriate manner an to the appropriate parties
What 3 criteria resulted from the ruling of the Smith v Jones case?
S6
p.300
(Robinson, Lehr And Severi)
- Is there a clear risk to an identifiable person or group of persons?
- Is there a risk of serious bodily harm or death
- Is the danger imminent?
Define confidentiality as relevant to psychology
S6
p.287
(Robinson, Lehr And Severi)
A set of principles assuring trust or confidence in the person with whom private matters are shared
Who has privilege:
Client
Client-therapist
Client-Lawyer
(Robinson, Lehr And Sever)
Client: Privilege belongs to the client and can only be waived through their informed consent.
Client owns their information.
Client therapist:
(unlike USA) There is no ifnromation generated within counselling relationships that is outside the courts reach. Privilege must be applied for in the courts. The Wigmore criteria is usually used to decide. Determined on an ad-hoc or case-by-case basis.
Client-Lawyer: yes legal advice privilege
Summarize the case of Young v. Bella
p.331
S6
Young, a student, wrote a paper on the relationship between sexual abuse and future sexual abuse perpetration. To demonstrate her point, she provided a written account from a woman who sexually abused a child. This account was taken from a secondary source, however, Young forgot to cite it. Prof. Bella interpreted this as a ‘cry for help’ and assumed that it was written by Young herself. It ended up being reported to child authorities, and Young was put on the sex offender list. However, the authorities did not notify her that she was on this list until two years later, after being unfairly rejected from Social Work programs. She proved that it was not her, but a published account. Prof. Bella was not held liable because there is protection/immunity for making mandatory reports, even if they are false.
What are the principles most closely related to confidentiality?
Fidelity: integrity in relationships
Autonomy: respect for self determination
What are two counselling settings that are particularly vulnerable to confidentiality violations? (due to setting)
(Robinson, Lehr And Severi)
p. 285
School-based counselling - many professionals often involved in same client’s care
Home-based offices - information easily shared with family
According to (Robinson, Lehr And Severi), what is the primarily responsibility of counsellors?
pg. 286
To respect the integrity and promote the welfare of clients.
They are also responsible for working collaboratively with clients to come up with individual counsellings plans that offer reasonable promise of success and are consistent with abilities/circumstances of client
Wigamore Criteria:
P. 292
- Did communication originate within a confidential relationship?
- Is the element of confidence essential to the maintenance of the relationships?
- Is the relationship one that society feel should be protected and maintained?
- Will the injury done by disclosing do more harm to the relationship than benefit gained by the legal proceedings
Is mediation privileged communication?
(Robinson, Lehr And Severi)
p. 293
Privilege has been upheld for in most matrimonial mediated cases so far
related to:
purpose of mediation
Upheld wigamore criteria
Define: Duty to warn
(Robinson, Lehr And Severi)
p. 297
When counsellor becomes aware of the intentions or potential of client to place others in clear or imminent danger, they use reasonable care to give threatened persons a warning, which is essential to avert the foreseeable danger.
Some counsellors argue that “no notes are good notes” Do you agree?
(Robinson, Lehr And Severi)
p. 305
Not good because:
- being subpoenaed is almost inevitable in one’s a career
- counsellors can be reprimanded for not having documented their work with clients
- no notes does not protect clients –>omissions may actually harm clients in court
Which case law required counsellors to comply with client-requested disclosure requests?
(Robinson, Lehr And Severi)
p. 309
*when client asks to see their own file or to forward their information to another party
McInerney v McDonald (give me my file!)
- not ORIGINAL, but a COPY of the file (actual record belongs to you)
How should counsellors handle client-endorse requests for information?
(Robinson, Lehr And Severi)
309
*When client has a agreed to a third party accessing their file
- Double check with client before providing info
- does client know impact of releasing info?
- WHEN did request come in? (file may have changed since client provided consent)
How should counsellors handle other issues related to confidentiality:
Record keeping
supervision
Consultation
(Robinson, Lehr And Severi)
p310 - 312
Record keeping
- locked, locked, locked
- electronic precautions
Supervision
- client should be informed + know identitiy/contact information
- video recording policy
Consultation
-identifying info should be eliminated
Can counsellors disclose confidential info to a buyer of the counsellors practice?
p. 312
(Robinson, Lehr And Severi)
Yes! (wtf?)
According to new private sector privacy legislation - no consent of clients necessary, IF:
-personal information is necessary for prospective purchaser to decide on business deal
What are some challenges to maintaining client confidentiality?
p. 313
(Robinson, Lehr And Severi)
- Challenging in rural or close settings (e.g. university)
- Agency-based e.g. inpatient or forensic settings
- practice challenges e.g. phone calls made by admin staff in waiting area, thin walls in counselling office
- Group work
- Inattentiveness (forgetting files at the copier, etc.)
- Gossip
- Tele-health
- Avoid consulting on the run
What are some confidentiality issues to consider with telehealth or e-counselling?
*ethical responsibilities are NOT altered or diminished by technology
Benefits: increased accessibility (location or disability), may be a better medium for youth
Risks: potential for unauthorized access to client info, and accidental incorrect correspondence
Need to VERIFY identity of client
In Alberta, is it mandatory to report any suspected child abuse?
p.301
Robinson et al.
Yes.
What is the goal when working with an individual who disclosed that they were the perpetrator, or a victim, of abuse?
p.302
Robinson et al.
To continue to support the client by handling the disclosure in a sensitive manner. This should be done even if a client disclosed that they perpetrated child abuse.
What does CCPA recommend counsellors keep in their client records?
p. 306
Robinson et al.
- Identifying information and contact information
- Informed consent documentation
- Record of each counselling session
- Record of consultations
- Copies of reports and correspondence
- Consent for release of information forms
- Third party information
- Fees
Do counsellors have an ethical duty to access only the files of current clients for whom they are responsible?
p.310
Robinson et al.
Yes.
