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Duty To Warn/Duty To Protect

 

Click here for the Text of Duty To Warn/Duty To Protect (14 pages of text)

 

OUTLINE

 

I. FIRST DO NO HARM

In the process of planning care that does no harm or does the least amount of harm, the therapist must consider:

·        Their personal feelings about the situation

·        Informing the client of the law

·        Informing the client of the therapist’s choices or obligations

·        Helping the client think through the consequences

·        Adherence to agency policy

·        Clinical/legal/ethical issues

·        Documentation

 

II. SELF-DETERMINATION

The plan for care must then be:

          1. Client-centered

          2. Understanding of gender and cultural issues that may have

                   an impact on the outcome

          3. Based on open, honest information

          4. Non-threatening

          5. Trust-building

 

III. BENEFITING THE CLIENT

The plan of care must be continuously evaluated for its ability to make improvements in the client’s life and toward the client’s goals.  It must also include consultation with other professionals (peers) to reflect the standard of care in the area.

 

The plan of care must be continuously evaluated for its ability to make improvements in the client’s life and toward the client’s goals.  It must also include consultation with other professionals (peers) to reflect the standard of care in the area.

 

IV. BEING FAITHFUL TO THE CLIENT(S)

Clients respond best to plans that are inclusive of their input and their acceptance (buying into).  Also important is their understanding of what must occur according to law or ethical guidelines that govern practice.

 

V. BEING FAIR AND JUST

    Impartiality

    Willingness of therapist to look at their values and beliefs

    Cultural and gender issues must be evaluated

    Inclusion of client in decision-making process

 

VI. A STEP-WISE PLAN

 

1. Consult

2. Talk it over with the client

3. Make a plan that does the least amount of harm

4. Consider the ethical principles

5. Consider legal issues and address them

6. Choose a course of action and share it with your client

7. Take the necessary actions and monitor and discuss

          outcomes

 

VII. COUNSELING LAW

 

 

Goal:  Participants will learn how to intervene to protect clients under Duty to

            Warn and Duty to Protect laws.

 

Objectives:

            1.  Participants will learn how to use the Five Ethical Principles which guide

                        therapy to provide protection to clients.

            2.  Participants will learn how to make a step-wise plan for client care.

            3.  Participants will learn how to make use of consultation and risk

                        management guidelines to protect clients.

            4.  Participants will display knowledge of Counseling Law and Duty to

                        Warn/Duty to Protect guidelines.

 

Methods:  Home Study Text, Case Presentation, Post Test

 

Author:  Sandy Morgenthal, LPCC RN is in private counseling practice and is a registered nurse.  She provides clinical supervision for Counselor Trainees and serves as adjunct faculty at the Xavier University Masters in Counseling Program and at Cincinnati Bible College and Seminary.  She also provides professional presentations to local and state audiences.

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Last modified: 11/28/09