This document describes an ethical dilemma faced by a mental health professional working with a female client in a correctional institution. The client was sexually abused by her ex-boyfriend and is afraid to testify against him as he faces ongoing investigations. The prosecutor requests information from the mental health professional about the case. Additionally, the client's sister has also called requesting information. This presents ethical dilemmas around maintaining client confidentiality versus sharing information to help with prosecution.
1. Ethical dilemma
Chalyne Arvie
CPSS330
Erick Lear
10Sept2018
Overview of the case study
The mental health professional’s client is female offender in a
correctional institution
She willingly pursued treatment for prior traumatic incident
involving domestic violence and sexual abuse.
The perpetrator is her ex-boyfriend
The ex-boyfriend is facing ongoing investigations
Overview of the case study
She is afraid of testifying against him
She has however shared this information with the mental health
professional during the treatment sessions.
The prosecutor contacts the mental health professional asking
for information concerning the case
The mental health professional has a complete issue of
information signed by the client
The client’s sister has also requested to be called by the
professional, concerning this issue and has left a message
Ethical goals
Ethical decisions that are strongly supported by one or more of
these principles without any contradiction from others may be
2. regarded as reasonably well founded. However, practitioners
will encounter circumstances in which it is impossible to
reconcile all the applicable principles and choosing
between principles may be required.
4
Integrity
Responsibility
Trustworthiness
Morality
Ethical dilemma
Ethical dilemma is a problem solving paradox in which an
individual has to choose between possible moral obligations,
with neither of the decisions being explicitly conventional or
superior(Prilleltensky, Dokecki, Frieden, & Wang, 2007).
The complication sprouts from the situational engagement in
which choosing one leads to the transgression of the other.
A decision or course of action does not necessarily become
unethical merely because it is contentious or other practitioners
would have reached different conclusions in
similar circumstances. A practitioner’s obligation is to consider
all the relevant circumstances with as much care as is
3. reasonably possible and to be appropriately accountable for
decisions made.
5
Ethical dilemmas in this case
The mental health professional is obliged to maintain secrecy of
the client’s sessions
The client was sexually abused and violated and has information
that could lead to the prosecution of the perpetrator. She is
afraid of testifying
The mental health professional can decide whether to offer this
vital information to the prosecutor or abide to the secrecy of the
client.
There is also a dilemma of what the client’s sister wants, in
regards to the case
Ethical dilemma in this case
The practitioner’s personal moral qualities are of the utmost
importance to clients. Many of the personal qualities considered
important in the provision of services have an ethical or moral
component and are therefore considered as virtues or good
personal qualities. It is inappropriate to prescribe that
all practitioners possess these qualities, since it is fundamental
that these personal qualities are deeply rooted in the person
concerned and developed out of personal commitment rather
than the requirement of an external authority.
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Secrecy
4. Whistleblowing
Leaks
Lying
Ambiguity
Ethics and communication
Ethical communication is all about the conveyance of adequate
and relevant information using the correct procedures and
regulations(Kitchener, 1984).
It is true and accurate
It avoids manipulation, discrimination and exaggeration
Communication ethics concerns not only the individual, but is
of great concern to businesses, corporations, and professional
entities. A business with unethical communication practices is
not as effective as one with ethical communication practices.
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Barriers to effective communication
Withholding vital information(Delany, Richards, Stewart, &
Kosta)
Lack of a clear course of action
Selective misquoting and accuracy of information
Violation of client’s secrecy and trust
Obstruction of justice
Conflicting policies and procedures
5. One of the key elements in learning communication skills is to
discover how to protect oneself adequately while reducing
unnecessary defensiveness.
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The handling of sensitive information requires compliance with
confidentiality and the use of ethical procedures(Bodenhorn,
2006)
All interactions with Counseling Services, including scheduling
of or attendance at appointments, content of your sessions,
progress in counseling, consultation during supervision and
your records are confidential.
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Ethical communication with the family members
I would call back the sister and ask her what she believes to be
the best way forward for this case, in order to establish her
views
If I can assure the safety of my client, I would try to convince
her and her family that testifying is the best solution.
If I can’t assure their safety, I would advice them against
testifying
References
Bodenhorn, N. (2006). Exploratory study of common and
challenging ethical dilemmas experienced by professional
school counselors. Professional School Counseling, 195-202.
Delany, C., Richards, A., Stewart, H., & Kosta, L. (n.d.). Five
challenges to ethical communication for interprofessional
paediatric practice: A social work perspective. Journal of
Interprofessional Care, 2017.
6. Kitchener, K. (1984). Intuition, critical evaluation and ethical
principles: The foundation for ethical decisions in counseling
psychology. The Counseling Psychologist, 43-55.
Prilleltensky, I., Dokecki, P., Frieden, G., & Wang, V. (2007).
Counseling for wellness and justice: Foundations and ethical
dilemmas.
Please select one of the case studies below for use in the course
during Week 4 and Week 5
Case Study #1
You are a mental health professional in a prison. During a
counseling session, an offender informs you that an inmate is
planning to "take down" another inmate because of an ongoing
disagreement that has included serious physical altercations in
the past. You have reason to believe that your client is telling
the truth and has no ulterior motives for sharing this
information. Your client's spouse has also left you a message
regarding the issue and is requesting a call back.
Case Study #2
You are a mental health professional in a correctional setting.
You are treating an offender who voluntarily sought treatment
for past trauma related to domestic violence and sexual assault.
She informs you that there is an ongoing investigation against
the perpetrator, who is her ex-boyfriend. She is afraid to testify
and/or provide information against him but has shared
information with you during sessions. You are contacted by the
prosecutor for information regarding the case and have a full
release of information signed by your client. Your client's
sister has also left you a message regarding the issue and is
requesting a call back.