Legal and Ethical Guide by Nayely Leal

Balancing Confidentiality and Limitations

nleal12 — 2024-10-09 14:12:33 UTC

Maintaining confidentiality while adhering to legal requirements, like reporting abuse or neglect can be conflicting. This can be challenging to keep what students communicate to you privately because you do not want to break the trust you have built but it must be disclosed when there are concerns present. Students must understand that school counselors have an obligation to disclose information to ensure their well being.

Audience

nleal12 — 2024-10-09 14:12:41 UTC

School counselors often struggle to balance maintaining trust with their students through confidentiality and their obligation to report or disclose information when a student expresses a concern.

Perspective

nleal12 — 2024-10-09 14:13:12 UTC

My professional perspective as a future counselor is that, while we uphold a responsibility to keep the information shared private, we also have an ethical obligation to disclose information when we suspect a student is in danger to ensure their safety. If school counselors do not report suspicions of abuse we are neglecting the care of a child, and failing to get them help. Providing safety for the student should be our main concern.

1. Provide Training to School Counselors

nleal12 — 2024-10-09 14:20:05 UTC

Have school counselors receive training on confidentiality laws ,ethical obligations, and required reporting.

2. Clear Communication

nleal12 — 2024-10-09 14:20:10 UTC

Before a discussion with a students have open communication that information can be disclose if their safety is at risk.

3. Document

nleal12 — 2024-10-09 14:20:15 UTC

Maintain thorough documentation of all interactions with students. Documenting provides a legal safeguard by writing down the record of actions the counselor took and decisions made, which is important because it demonstrates compliance with the laws of reporting.

Family Educational Rights and Privacy Act (FERPA)

nleal12 — 2024-10-09 15:44:22 UTC

Protects the privacy of students' educational records and information (20 U.S.C. § 1232g, 1974).
Impacts how school counselors handle and reveal student information, particularly in abuse cases (20 U.S.C. § 1232g, 1974).
Non-compliance can result in loss of federal funding for educational institutions (20 U.S.C. § 1232g, 1974).

American School Counselor Association (ASCA) Ethical Standards

nleal12 — 2024-10-09 15:45:19 UTC

Gives school counselors guideline they must follow to maintain best counseling practices such as maintaining confidentiality, and professional responsibilities.

Statute: Child Abuse Prevention and Treatment Act (CAPTA)

nleal12 — 2024-10-09 15:57:56 UTC

Mandates the reporting of suspected child abuse or neglect (Tex. Fam. Code Ann. § 261.001, 2023).
Provides federal funding for states to develop and implement child protective services (Tex. Fam. Code Ann. § 261.001, 2023).
Protects children by requiring states to have protocols in place for reporting suspected abuse or neglect (Tex. Fam. Code Ann. § 261.001, 2023).
If the school counselor does not comply it can result in legal liability, as failure to report puts children at further risk (Tex. Fam. Code Ann. § 261.001, 2023).

Source of Law: Texas Family Code, Chapter 261 (Reports of Child Abuse and Neglect)

Texas Department of Family and Protective Services (DFPS)

nleal12 — 2024-10-09 15:58:14 UTC

Provides regulations and mandates school counselors should follow when they have suspicions of abuse or neglect (Texas Administrative Code, 2023).
Failure to follow these guidelines can result in disciplinary action, which could be loss of licensure (Texas Administrative Code, 2023).
This law emphasizes the ethical and legal obligations of counselors to prioritize the well-being of the student and their safety (Texas Administrative Code, 2023).

Source of Law: Texas Administrative Code, Title 40, Part 19, Chapter 700

Vanguard Academy Reporting Policy

nleal12 — 2024-10-09 15:59:15 UTC

Demonstrates the steps school counselor must take when reporting suspected child abuse. All staff and counselors are mandated to report immediately. This policy is in place to protect students. This policy emphasizes the importance of reporting suspected abuse.

Vanguard Academy Counseling Service Policy

nleal12 — 2024-10-09 15:59:48 UTC

School counselors must receive parental consent to speak with a child.

Texas Education Agency (TEA)

nleal12 — 2024-10-10 04:31:09 UTC

TEA outlines the Texas Model for Comprehensive School Counseling Programs, which states different standards for effective counseling practices. TEA provides counselors information on state laws related to confidentiality, mandatory reporting, and ethical responsibilities, ensuring counselors understand their obligations.

U.S. Department of Education

nleal12 — 2024-10-10 04:33:52 UTC

Creates policies that impact school counselors. The U.S. Department of Education oversees legislations such as the FERPA, a law that protects the privacy of student records.

Texas Family Code, § 261.101

nleal12 — 2024-10-10 05:04:30 UTC

Mandates school counselors or any person, who suspects a child is being abused or neglected are obligated to report their suspicions over confidentiality concerns (Tex. Fam. Code Ann. § 261.101, 2023).
Failure to report suspected abuse can result in criminal penalties (Tex. Fam. Code Ann. § 261.101, 2023).
Establishes clear definitions of abuse and neglect to support mandatory reporters in identifying when is it appropriate to report (Tex. Fam. Code Ann. § 261.101, 2023).

J.B. v. New York City Department of Education, 2017

nleal12 — 2024-10-10 05:16:16 UTC

The case involved a high school student who reported abuse at home to a school counselor. The school counselor did not report the abuse to authorities (J.B. v. New York City Department of Education, 2017).
The court ruled that school counselors have a legal obligation to report suspected child abuse, prioritizing the safety of the student over maintaining confidentiality (J.B. v. New York City Department of Education, 2017).
Established that failing to report abuse can lead to harm and legal consequences (J.B. v. New York City Department of Education, 2017).

This law reinforces the importance for counselors to communicate the limitations of confidentiality to students, ensuring they understand the counselor's duty to report.

American School Counselor Association (ASCA) Ethical Standards

nleal12 — 2024-10-10 05:21:41 UTC

Support school counselors in balancing parental rights with autonomy of minors. This regulations allow school counselors to have conversation with parents and students when it is appropriate.

American School Counselor Association Ethical Standards

nleal12 — 2024-10-11 00:51:13 UTC

American School Counselor Association (ASCA) A.2.F states that school counselors should keep students information confidential unless there is a legal requirement to prevent harm from occurring to the student. School counselors need to evaluate all situations differently and assess if information needs to be breach or kept confidential. Legal and ethical obligations are being met, if reporting appropriate information (ASCA, 2016).

Personal Connection

nleal12 — 2024-10-11 00:53:56 UTC

Learning about these different standards, regulations, and laws has helped me understand that I must maintain confidentiality and but also protect individuals who might be in difficult situations. I will be advocating for my student safety while complying with legal guidelines. It is important that I always prioritize the well being of my students.

Feelings of these Connections

nleal12 — 2024-10-11 00:54:39 UTC

Reading about these different laws have made me feel responsible and have ethical duty as a future school counselor. I need to be educated in the effective ethical-decision making process to make sure that I make the right choice that is good for the interest of the student . I will be upholding confidentiality but also adhering to the legal requirement of reporting when there appears to be a concern. I feel that I will have to show transparency to students, and make them understand that there is limitations to confidentiality.

Maintaining Compliance

nleal12 — 2024-10-11 02:13:13 UTC

Students need to explained the limits of confidentiality by expressing to them beforehand that you must disclose information regarding abuse.
Provide a safe environment in which student can share their concerns.
Train school staff about laws and regulations that are about reporting suspension of abuse.
School counselors must apply professional discretion when evaluating a situation.
Document interaction to make accurate disclosures if needed.
Make sure to be in compliances with new changes on laws, and regulations.

nleal12 — 2024-10-11 03:14:01 UTC

American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1)

Bray, B. (2022, October). Confidentiality comes first: Navigating parent involvement with minor clients. Counseling Today. https://www.counseling.org/publications/counseling-today-magazine/article-archive/article/legacy/confidentiality-comes-first--navigating-parent-involvement-with-minor-clients

J.B. v. New York City Department of Education, 2017, 15 F.4th 265 (2d Cir. 2021).

U.S. Department of Education. (1974). Family Educational Rights and Privacy Act (FERPA). https://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Texas Family Code. (2023). § 261.101. Persons required to report; time to report. Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.33.htm

Texas Family Code § 261.101. (2023). Reporting abuse or neglect. Retrieved from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm