Code of Ethics of the American Association for Marriage and Family Therapy

Topic 4-1, Response to Steve While it is true that counselors must disclose information about their client when mandated by the court, it is not up to the counselor to decide whether “the subpoena is meant to protect both Sheila and the counselor”. If we refer to the Code of Ethics of the American Association for Marriage and Family Therapy (2016), it was clearly stated in Standard II: “When providing couple, family or group treatment, the therapist does not disclose information outside the treatment context without a written authorization from each individual competent to execute a waiver”  and that  “[m]arriage and family therapists limit client’s access to their records only in exceptional circumstances when they are concerned based on compelling evidence, that such access could cause serious harm to the client”. Unless the other party can produce evidence that you have in your possession proof that Sheila has a history of violent behavior that is detrimental to herself or to others, the counselor may not comply with the request without the express permission of the client. AAMFT. (2016). Code of Ethics of the American Association for Marriage and Family Therapy. Retrieved January 17, 2016, from /iMIS15/AAMFT/Content/legal_ethics/code_of_ethics.aspx Londoño-McConnell, A., & Larson, S. (2015). Protecting your Privacy: Understanding Confidentiality. Retrieved January 17, 2016, from /helpcenter/confidentiality.aspx Vorvick, L. J., Merril, D. B., & Zieve, D. (2012). Suicide and Suicidal Behavior. Retrieved January 17, 2016, from /health/guides/disease/suicide-and-suicidal-behavior/overview.html Response to John John’s response is well said in that he did not automatically say that he will deliver his records simply because the court asked for. According to the American Psychological Association (APA), there are three common exceptions when the counselor can disclose the client’s records without consent:  (1) if the disclosure is meant to protect the patient or public from serious harm (for example, in the case of an attempted suicide or planner murder), (2) if there is an ongoing domestic violence, abuse or neglect of children, the elderly or people with disabilities; (3) if the counselor receives a court order. This typically happens if the client’s mental health comes into question during a legal proceeding.  (Londoño-McConnell & Larson, 2015)  In this case, the first two reasons are not apparent in Sheila’s case, the third one, is still a bit tricky since it wasn’t mentioned in the subpoena why it needed the records in the first place.  As you can see in my response to Steve, Sheila’s case is not like the usual behavioral/mental health case where the client/patient may exhibit possible threat to herself and her fellow. Instead, this is a marital case, and hence, must be dealt with more sensitivity. I like John’s approach to the issue of Sheila because he includes Sheila in the decision making of whether to oblige the court, and just how much information should be divulged. His respect for informed consent shows that as a counselor, his first priority is to protect the confidentiality of his c...