DBs Unit 8
DB 8.1: Ethical Considerations for a 14-Year-Old Client
If Johnny Lou were a 14-year-old, the ethical considerations would shift significantly due to his status as a minor. The American Counseling Association (ACA) Code of Ethics places special emphasis on the protection of minors, and legal codes in most jurisdictions require the involvement of parents or legal guardians in treatment decisions. This brings several changes in ethical and legal obligations:
Informed Consent and Confidentiality
Unlike adult clients, minors often require parental consent to receive treatment. For a 14-year-old, obtaining consent from Johnny’s parents or legal guardians would be essential before proceeding. However, confidentiality must still be respected, particularly regarding sensitive issues such as substance abuse or thoughts of self-harm. Confidentiality may only be broken if there is an imminent risk to Johnny’s safety (Woo et al., 2020).
Duty to Warn and Protect
As Johnny is expressing suicidal ideation, the practitioner would be ethically bound to take protective action, including possibly involving authorities or recommending hospitalization, to ensure his safety. This responsibility is even more pronounced in the case of a minor, as parents would need to be informed and involved in making decisions about Johnny’s care (Kafka et al., 2024).
Competence and Age-Appropriate Care
Special care should be given to ensure that the treatment plan and communication are appropriate for Johnny’s age and developmental level. His emotional and cognitive maturity would need to be considered when discussing issues like substance abuse, trauma, and self-harm (Malik & Marwaha, 2022).
Applying the Ethical Decision-Making Process (ACA Standards)
Firstly, Identify the Problem: Johnny is expressing suicidal thoughts and has a history of substance abuse. His age increases the urgency of ensuring a protective environment. Second, apply the ACA Ethical Guidelines: The ACA guidelines on minors, confidentiality, and duty to warn apply here. The practitioner must balance Johnny’s autonomy with the legal requirements for minor clients.
Third, determine the nature of the dilemma: The ethical issue to be solved in this case involves the protection of Johnny’s right to confidentiality and self-governance in contrast to the legal responsibility to report him to his guardians for his safety. While the law requires parents to be involved particularly when the minor involves their child, Johnny’s privacy can not be infringed for instance on matters touching on substance use.
Fourth, seek consultation. Since every aspect of the case is important, seeking advice from colleagues, supervisors, or legal personnel is advisable. It also assists the counselor in making appropriate, ethically sound decisions concerning state-reporting child abuse and substance use data.
Fifth, consider possible courses of action: Some of the things that can be done are to talk to Johnny’s guardians, admit him to the hospital, coming up with an appropriately-aged approach to addressing the problem. In this case, the counselor has to let go of the need to control Johnny while at the same time protecting him since the discussion first has to be held with his minders. Transparency and ethical considerations require that any form of action should be mentioned in black and white.
References
Kafka, J. X., Kothgassner, O. D., & Felnhofer, A. (2024). A matter of trust: Confidentiality in therapeutic relationships during psychological and medical treatment in children and adolescents with mental disorders. Journal of Clinical Medicine, 13(6), 1752–1752. https://doi.org/10.3390/jcm13061752
Malik, F., & Marwaha, R. (2022). Developmental stages of social-emotional development in children. National Library of Medicine; StatPearls Publishing. https://www.ncbi.nlm.nih.gov/books/NBK534819/
Woo, H., Dondanville, A., Jang, H., Na, G., & Jang, Y. (2020). A content analysis of the counseling literature on technology integration: American Counseling Association (ACA) counseling journals between 2000 and 2018. International Journal for the Advancement of Counselling, 42(3), 319–333. https://doi.org/10.1007/s10447-020-09406-w
DB 8.2: HIPAA and CFR 42, Part 2 Considerations in Substance Abuse Cases
In the case of Johnny Lou, who presents with a history of substance abuse and mental health issues, the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 both play a crucial role in maintaining confidentiality while addressing ethical concerns.
Confidentiality and Substance Abuse
HIPAA guarantees that only approved people can access Johnny’s medical records and the conversations that he had in substance abuse treatment. However, there are more stringent provisions in the 42 CFR Part 2 for information on the treatment of substance abuse (Edemekong et al., 2024). The reasons for sharing Johnny’s substance use are akin to those of any aspect of the Client’s treatment, so as a practitioner, I would have to abide by the permission-only rule unless it is in excruciating circumstances, such as in instances where the client has thoughts of suicide.
Disclosure to Family and Other Parties
Since Johnny is in a life-threatening situation (suicidal ideation), both HIPAA and 42 CFR Part 2 allow for limited disclosure to individuals who may help secure his safety, such as the police, his probation officer, or his mother. However, the disclosure must be limited to the minimum necessary information (Edemekong et al., 2020).
Substance Abuse Treatment and Ethical Dilemmas
The practitioner has to weigh up the ethical loss of trust and the offender’s confidentiality advantage with the protection of Johnny. Sharing information with him without his permission could also compromise the therapeutic relationship, but there might be situations where such action could be necessary because it will cause harm (McCuistian et al., 2023).
HIPAA and CFR 42, Part 2 in Practice
Regardless of the circumstance, any disclosures made without Johnny’s consent must be adequately documented for legal and ethical purposes. Also, in all cases where it is possible, I would get written consent from third parties, such as Johnny’s mother or probation officer, to show respect for his client’s right to self-determination while using third-party information to help protect him from harm.
References
Edemekong, P. F., Annamaraju, P., & Haydel, M. J. (2020). Health Insurance Portability and Accountability Act. PubMed; StatPearls Publishing. https://pubmed.ncbi.nlm.nih.gov/29763195/
Edemekong, P. F., Haydel, M. J., & Annamaraju, P. (2024, February 12). Health Insurance Portability and Accountability Act (HIPAA). 78; StatPearls Publishing. https://www.ncbi.nlm.nih.gov/books/NBK500019/s
McCuistian, C., Fokuo, J. K., Smith, J. D., Sorensen, J. L., & Arnold, E. A. (2023). Ethical dilemmas facing substance use counselors during the COVID-19 pandemic. Substance Abuse Research and Treatment, 17, 117822182311583. https://doi.org/10.1177/11782218231158338
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Question
DB 8.1
- In thinking about the case, how would the ethical considerations change if he were a 14 year old? How do the ethical codes (and legal codes as applicable) change if the client is considered a minor? In thinking about the case involving Johnny Lui what are some ethical considerations that we should bear in mind. Apply the Ethical decision-making process to this case using the ACA standards and the Ethical Decision Making Guide.
DB 8.2
- In thinking about the case of Johnny Lou (Attached) and other clients you have worked with in a professional setting which may apply, how do you (as the practitioner) and your work setting address issues involving HIPAA and CFR 42, Part 2 in regard to issues of substance abuse or other ethical issues?
DBs Unit 8
Resources:
- Read the ethical codes identified by NAADAC (Principles 1-9) by clicking HERE
- Read the ethical codes of APA (2010) by clicking HERE.
- Read the National Association of Social Workers (NASW) ethical codes by clicking HERE
- Read the ethical codes identified by ACA (2005) Sections A-H by clicking HERE.