Ethics Question :
I have been seeing a mom and her children in counseling to deal with issues concerning parentadolescent problems and divorce issues . Mom and Dad are separated . Mom ’ s attorney wants me to testify in court that Mom should have custody of her children . I have never met the husband , and know little about him , except for information provided by Mom concerning his drug problems and his acts of domestic violence . Can I testify as an expert witness for Mom in the divorce case ?
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ANSWER : No , a clinical mental health counselor ( CMHC ) who is serving in a clinical role , providing treatment to a mom and her children in family counseling , cannot also take on the role of forensic expert . To do so would violate Code principle I . D . 4 . g , which prohibits CMHCs from evaluating for “ forensic purposes , individuals whom they are currently counseling or have counseled in the past .” To express an opinion on custody , which Mom ’ s attorney has requested , would also result in a violation of Code section I . A . 3 , which prohibits CMHCs from having dual relationships in serving clients . A dual relationship would result if a CMHC served the same client in both a clinical and forensic role .
Mom ’ s attorney should ask the court to appoint an un-biased , objective , forensic evaluator ; or the attorney can retain a forensic expert to evaluate custody issues and make recommendations to the court in the best interests of the parties ’ children .
Ethics Question :
How do I handle confidentiality in conducting group therapy , and what do I tell group members will be the consequences if confidentiality is breached ?
ANSWER : The Code provides that “ in working with … groups , the right to confidentiality of each member should be safeguarded ” according to section I . A . 2 . l . Inform each group member in the treatment contract or disclosure statement that group counseling is confidential , disclose the exceptions that apply , and also disclose that what is said in group stays in group , because the information is personal , private , and confidential . Then , at
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Ethics FAQ
24 The Advocate Magazine Fall 2021 American Mental Health Counselors Association ( AMHCA ) www . amhca . org
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The AMHCA Ethics Committee has compiled the most frequently asked ethics questions it receives into a resource for counselors . Submit your own FAQ for consideration — no membership required !
AMHCA members : Use the online form to submit an ethical concern for the Ethics Committee .
To download the Code of Ethics , free , or to submit an ethics question , an FAQ question , or an ethical concern , go to :
www . amhca . org / publications / ethics
Note that AMHCA members should refer to their state licensing board for specific solutions or direction . Since this platform is intended for ethical decision-making assistance , it is not legal advice . For legal advice , please consult with an attorney in your state .
Read more Ethics FAQ questions at : www . amhca . org / publications / ethics / ethicsfaq
? the beginning of each group session , remind the members again that all information shared in sessions is confidential , and stays in group . If a member talks outside of group about what someone else had said in a session , then often the consequences are left up to the group to decide what should be done . However , the CMHC should reserve the right to determine if group counseling should be terminated for the member who violated another ’ s confidentiality , in order to prevent a repetition of the breach of confidentiality .
Ethics Question :
What if a client or other person sues me and claims that they caught COVID-19 at my office ?
ANSWER : You would be well advised to maintain both professional liability insurance coverage and also premises liability coverage . Both of these protect insureds in the event of a negligence claim that is covered by the insurance policy . To avoid any type of liability claim , use care . Before you reopen your office , follow state and local guidelines for reopening a business . Take care to follow the national and the local guidelines for safety that are issued by CDC , by HHS , by state and local governments , and by your state licensing board . That should enable you to clean your office space as recommended by all the guidance regarding safety ; to wear protective clothing appropriately , including face masks and gloves , as recommended ; to practice social distancing ; and to follow other reasonable guidelines and policies for reopening and maintaining an office .
Ethics Question :
If a client refuses to sign my treatment contract , can I then provide services to that individual ?
ANSWER : In general , no . Clinical mental health counselors ( CMHCs ) must respect client rights , and as stated in the AMHCA Code of Ethics ( Code ), Principle I . B . 7 . i , a basic right of clients is “ to refuse any recommended services , techniques , or approaches and to be advised of the consequences of this action .” Clients may , of course , give informed consent to treatment if they choose to do so . Code section I . B . 2 provides excellent guidance regarding the informed consent process , and the disclosures that should be made to clients .