Client Right/Confidentiality/Ethics
Ethical Considerations When Working with
Minors
10/20/2012
Jesslyn Guenther
Jesslyn Guenther
Ethical Considerations When Working With Minors
Client Right/Confidentiality/Ethics
10/20/2012
Ethical Considerations When Working with Minors
There are four ethical issues that consistently emerge when one considers children as
clients outside the school setting. These issues are counselor competence, informed
consent and minor’s ability to enter into a contractual relationship, confidentiality and
child abuse reporting (Lawrence and Robinson-Kirpius, 2000).
I think, as counselors, we need to be extremely careful when entering into a counseling
relationship with a minor. There are more sensitive and legal issues to consider when it
comes to working with minors.
Competence is so important. You should make sure you have the specific skills and
knowledge required when intending to counsel children. Aside from the familiarity with
the disorders that are specific to and primarily found among children, examples, ADHD,
Separation Anxiety Disorder and RAD, a counselor should know the theories of ego
identity, moral, psychosexual and cognitive development specific to the context of
serving children (Ethical Issues to Consider).
All levels of counseling need to be modified when working with children to be
developmentally appropriate such as, assessment, diagnosis and treatment. Because
minors are a special, diverse client population, ethical practices mandate distinct
Jesslyn Guenther
Ethical Considerations When Working With Minors
Client Right/Confidentiality/Ethics
10/20/2012
education, training and supervised practice before commencing independent practice
with a minor (Lawrence and Robinson-Kirpius, 2000).
I agree with this statement, just like when working with a specific race or culture of
people, we should look at children in basically the same way. We, as counselors need
to make sure that we are knowledgeable with the issues of children compared to adults.
Informed consent is important when it comes to all clients, but typically, a minor can
enter into a contractual agreement in one of three ways; with parental consent,
involuntarily at a parent’s insistence or by court order (Corey, Schneider-Corey and
Callanan).
I believe in all three of these cases, it is best if the counselor can gain the minor’s
confidence and eventually their consent so the minor feels like they are in control of who
is involved in their therapy and open up to the counselor. In the best case scenario, if
the counselor can get the minor to agree to involve their parents in the counseling, they
can develop a three way bond. This would be healthy for both the minor and the
parents.
In the State of Wisconsin Statutes 51.45 (2m) 51.47, juveniles 12 years of age and older
may consent to limited alcohol and other drug treatment, birth control and sexual
disease treatment without the knowledge of their parents/guardians (Wisconsin
Statutes).
Jesslyn Guenther
Ethical Considerations When Working With Minors
Client Right/Confidentiality/Ethics
10/20/2012
As counselors, I think it is very important to know the laws in the state, pertaining to
minors, where we seek employment.
Confidentiality is of primary concern when working with minors, primarily because
inconsistencies exist, where what is legally required may not coincide with what is
ethically desired (Lawrence and Robinson-Kirpius). According to the American
Counseling Association’s Code of Ethics and Standard of Practice, when counseling
clients who are minors or individuals who are unable to give voluntary, informed
consent, parents may be included in the counseling process as appropriate. Counselors
act in the best interest of the client and take measures to safeguard confidentiality (B.5).
I think this is a subject that can be very difficult for a counselor if the minor insists that
their parents not be involved in the minor’s therapy or be given any information at all,
but the counselor is bound by law to reveal information to the parents. Again, the ideal
situation would be if a three way bond can be formed between the counselor, minor and
parents.
If child abuse is suspected, it is mandatory for the counselor to report the suspected
abuse to the proper authorities. The goal of reporting is to protect the child who is being
abused, because the professional has an obligation to protect those who cannot
advocate for themselves (Issues and Ethics).
To me, as a counselor this would be one of the most straight forward forms of breaching
confidentiality because there would be no question as to whether or not to breach their
confidence if I know that the minor is being abused.
Jesslyn Guenther
Ethical Considerations When Working With Minors
Client Right/Confidentiality/Ethics
10/20/2012
In my opinion, counseling minors can be one of the most rewarding jobs and also one of
the hardest. There are more ethical and legal issues to consider than when counseling
adults.
Although no plan of action can be completely removed from the possibility of a
malpractice lawsuit, there are strategies that would allow us to minimize that risk
(Community Chest Counseling). As counselors, we must be very careful as to not let the
minor’s lose confidence in us or do anything to hurt their relationship with their parents.
Jesslyn Guenther
Ethical Considerations When Working With Minors
Client Right/Confidentiality/Ethics
10/20/2012
References
Wisconsin Statutes 51.45 – Prevention and Control of Alcoholism,
www.lawserver.com>...>DrugsandAlcohol
Issues and Ethics in the Helping Profession, Gerald Corey, Marianne Schneider Corey
and Patrick Callanan, 8th Edition, 2011, Page 251
Ethical Issues to Consider When Counseling Minors / Community Chest Counseling,
PSC, Victor Hugo, http://try-therapy.com/2010/08/05/ethical-issues-to-consider-whencounseling-minors/
Counseling Minors: Ethical and Legal Issues, Ledyard, Pat, Counseling and Values,
April 1, 1998, www.pc3connect.org/...Counseling%20MinorsConfidential Services Available to Youth in Wisconsin, August 2008,
http://www.dpi.wi.gov/sspw/confid.html
Jesslyn Guenther
Ethical Considerations When Working With Minors
Client Right/Confidentiality/Ethics
10/20/2012