Legal, Ethical, And Professional Issues In Counseling
CCMH/515CA: Legal, Ethical, And Professional Issues In Counseling
Question 1
4 Points
Andre is a licensed professional counselor working in a community agency, specializing in addictions counseling. He is assigned to work with Damian, who is referred to the agency because of his struggles with alcoholism. Over the course of a year, Damian has reported a cessation of all drinking. He appears for all counseling sessions on time, is cooperative, and seems committed to maintaining sobriety. However, on two occasions, Damian disclosed to Andre that he (Damian) has illegally acquired prescription pain medication and has taken some pills to “help him get through some bad times.” This occurred early on and there have been no recent issues.
Unbeknownst to Andre, Damian had been charged with his third offense of driving under the influence because of an alcohol-related incident that occurred just before Damian became a client. Damian will be sentenced to jail unless he can demonstrate that he has sought treatment and has effectively maintained sobriety. Damian’s lawyer has subpoenaed Andre. While on the stand, the prosecutor asks Andre if, to the best of his knowledge, Damian has maintained sobriety during treatment. Andre’s ethical response is:
“What do you mean by sobriety?”
“Damian has been sober since we commenced treatment one year ago.”
“Damian has done well during his one year of treatment. He has refrained from using alcohol; however, he did have two occasions of relapse. He is currently sober.”
“Damian has reported that he has not used alcohol at all during treatment over the past year.”
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Question 2
4 Points
Jasmine is the counselor for 6-year-old Charlie. Charlie’s mother, Sharon, brought him to counseling about 6 months ago. She represented that she and Charlie’s father are separated due to domestic violence and that Charlie’s father has been very verbally and physically abusive toward Charlie and toward her. Jasmine has never met Charlie’s father and Charlie has never really mentioned his father during the entire time he has worked with Jasmine. Sharon keeps Jasmine updated on the divorce proceedings and recently expressed concern that Charlie’s father was seeking custody of Charlie. Jasmine is subpoenaed to testify at a custody proceeding. While she is on the stand, Sharon’s lawyer asks her to confirm that a child should not be placed in the custody of an abusive parent. Which of the following is the proper course for Jasmine’s response?
Jasmine should respond to the question in general terms since it is a general question, but refrain from specifically opining about custody of Charlie.
Jasmine should refuse to answer since Charlie has not waived confidentiality.
Jasmine should insist on meeting Charlie’s father before testifying to ensure she is qualified to provide an opinion regarding custody.
Jasmine should recommend that Charlie remain in Sharon’s custody.
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Question 3
4 Points
Mateo is a counseling intern. He is assigned to work with Isabella. During Isabella’s first session she gives Mateo minimal information about her reason for seeking counseling. She chats a bit about her job and about her family of origin. Though Mateo thought the session went reasonably well, Isabella never returns for a subsequent session. Mateo endeavors to reach her, but there is no response. About 18 months later, Mateo receives a subpoena from an attorney representing Isabella’s husband in a divorce proceeding. Mateo should:
Ignore the subpoena. He only met Sarah once, and she never mentioned she was married.
Immediately confer with his supervisor to understand the office policy, and then prepare to potentially turn over the note from the one session and to testify regarding the limited information he has.
Appear in court to testify that Sarah is a well-adjusted individual with no evidence of psychopathology.
Send the attorney a letter with a synopsis of everything Sarah told him about her job and her family of origin.
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Question 4
4 Points
Martin is a counselor specializing in trauma. His client, Sofia, has revealed a substantial history of childhood trauma and they work together successfully over the course of more than 2 years. Near the end of treatment, Sofia tells Martin that she has fallen for him. They begin an intimate relationship that lasts for about 6 months. Following a rather ugly break-up, Sofia begins counseling with a new counselor. She hires an attorney. In a case involving Sofia as the plaintiff, Martin is at risk of being:
Liz’s support system
The expert witness
The defendant
The fact witness
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Question 5
4 Points
Tameka is leaving her office following her last appointment of the day. As she approaches her car in the parking lot, she sees Danielle, the mother of one of her clients, pull her car directly behind a parking space, blocking in Sam, the child’s father. Tameka observes Danielle exit her car and begin yelling at Sam, who remains seated in his car. Tameka is subpoenaed for a court proceeding when Sam files for a restraining order against Danielle. Tameka should expect to testify:
That Sam had to have done something to aggravate Danielle as that behavior was out of character for her
About her treatment with the parties’ child
Strictly as to what she actually observed and heard
About what each parent has told her about the other and to then offer an opinion as to whom is at fault for the incident
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Answer preview to Legal, Ethical, And Professional Issues In Counseling
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