Berkeley Adult School Impact on Trauma on Children and Families Paper no plagiarize, spell check, and check your grammar. Please use reference below She a

Berkeley Adult School Impact on Trauma on Children and Families Paper no plagiarize, spell check, and check your grammar. Please use reference below

She arising issue concerning counselors is whether counselors understand and aware on legal and ethical issues of confidentiality amongst them (Bokhari, M., Saadan 2014). Counselors should understand and practice ethical confidentiality because clients in distress are easy to be manipulated. Privacy is the constitutional right of individuals to choose for themselves whether or when to reveal private information (Bennett, Bruce 2006). Privileged communication refers to a limited right to withhold information from a court. Within the United States the first privileged communication law was developed to ensure that clients would be able to share all relevant information with their attorneys without fear that the attorneys could later be required to testify against them in court (Bennett, Bruce 2006). Confidentiality with minors varies from state to state.

Confidentiality is the duty imposed on professionals to keep information disclosed in professional relationship in confidence (Bennett, Bruce). Duty to warn refers the responsibility of a counselor or therapist to inform third partied or authorizes if a client poses a threat to himself or herself or another identifiable individual. Duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. The most important aspect as it relates to confidentiality pertaining to my profession is to remember that kids in foster care have a right to their confidentiality and espousing them to social media without their legal guarding permission is against the law.

I discuss with Brenda my colleague in training the reason why I had to break confidentiality pertaining to my client Susan whom was suicidal. Susan express to me that she was having suicidal thoughts on a regular basis, she was also having some problems with her marriage. In addition, Susan, found out that her husband was cheating with two side chicks. Susan was also having a lot of problems at work with her boss and coworkers. Therefore, with all these burdens and situations going on within Susan’s life, she felt a sense of hopelessness and despair. Due to respecting Susan confidentiality, I didn’t go into details with my coworker concerning everything that was going on within Susan’s life. However, I did share with my coworker that it was imperative for her as a counselor to get help for her clients if they ever confess to her that they wanted to commit suicide, doing so could save a life.

Reference:

Bokhari, M., Saadan R Plus (2014, July 24) Contribution of awareness and understanding in legal and ethics toward the practice of confidentiality amongst counselor Asian Social Science; Vol. 10, No. 16; 2014
ISSN 1911-2017
E-ISSN 1911-2025
Published by Canadian Center of Science and Education
Contribution of Awareness and Understanding in Legal and Ethics
towards the Practice of Confidentiality amongst Counselors
Mohamad Bokhari1, Rosli Saadan1, Asiah Mohd Pilus2, Syed Najmuddin Syed Hassan3, Zanariah Jano1, Noriah
Mohd Ishak4 & Zuria Mahmud5
1
Centre for Languages and Human Development, Universiti Teknikal Malaysia Melaka, Malaysia
2
Sport Centre, Universiti Teknikal Malaysia Melaka, Malaysia
3
Centre for Teaching and Learning, Universiti Teknikal Malaysia Melaka, Malaysia
4
PERMATApintar Centre, Universiti Kebangsaan Malaysia, Malaysia
5
Faculty of Education, Universiti Kebangsaan Malaysia, Malaysia
Correspondence: Zanariah Jano, Centre for Languages and Human Development, Universiti Teknikal Malaysia
Melaka, Malaysia. Tel: 60-17-641-6822. E-mail: zanariahjano@utem.edu.my
Received: May 28, 2014
Accepted: June 14, 2014
doi:10.5539/ass.v10n16p144
Online Published: July 24, 2014
URL: http://dx.doi.org/10.5539/ass.v10n16p144
Abstract
Hitherto, the arising issue concerning counselors is whether counselors understand and aware on legal and
ethical issues of confidentiality amongst them. The purpose of this study, hence, was to investigate the
contribution of awareness, legal and ethical understanding on the confidentiality practice amongst counselors. A
survey involving a sample size of 602 was conducted by sending questionnaires to counselors in Malaysia. The
linear regression analyses yielded that only the awareness amongst counselors had significant contribution
towards the practice of confidentiality. Other factors such as legal and ethical understanding did not show
significant contribution. This study adds to the scarce literature on the upholding practice of confidentiality in
counseling which is an essential element in the process. Moreover, the study is beneficial for researchers,
counselors and educators in designing guidelines or codes of ethics in an organization. Future research should
look into ways to uphold confidentiality practice amongst counselors from the perspectives of clients, teachers
and the public as their views can form effective guidelines and procedures to confidentiality practice in
Malaysia.
Keywords: university, websites, usability, compliance, cultural dimension
1. Introduction
1.1 Background
Under what circumstances confidential information should be disseminated is an issue that most counselors
encounter in their counseling practices. Ethical and legal issues often surround the release of confidential data.
Protecting confidentiality, hence, has always been a major responsibility of psychologists (American
Psychological Association [APA], 1959, 1963, 1968, 1979, 1981, 1990, 1992, 2002). Extant literature on ethics
reflect this; “confidentiality has long been viewed as “a cornerstone of the helping relationship” (Koocher &
Keith-Spiegel, 1998, p. 115); confidentiality is an issue affecting the values and beliefs of all groups who deal
with a counselor (Susan & Cowles, 1991); it is a crucial factor underlying the public trust in mental health
practitioners (Haas & Malouf, 2002); in the case of mental health practitioners, the bonds are important to ensure
confidentiality issues of clients (Corey, Corey, & Callahan, 2003). The APA Ethics Office emphasizes further its
importance: “Confidentiality is a core value of our profession. It is, as they say, bred in our bones” (Behnke,
2005a, p. 76). Counselors have acknowledged the importance of protecting clients’ confidence (Crowe, Grogan,
Jacobs, Lindsay, & Mark, 1985; Jagim, Wittman, & Noll, 1978; Knapp & Vande Creek, 1987). According to
Mitchell, Disque dan Robertson (2002), confidentiality is essential to protect clients’ interest in a way that a).
Confidentiality is significant to build the trust in relationship between counselors and their students, b). Child’s
informed consent procedure should be widely spread so that it can protect the child’s ethics and confidentiality
interest and c). Revealing confidential information is allowed whenever there is a sign of students’ safety being
jeopardized (Allen & Sidney, 2013). Hence, the importance of protecting confidentiality is highlighted in
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literature.
In fact, school counselors are required to control the violence in schools and welfare of students who are likely to
become victims of crime (ASCA, 1998). Administrators, teachers and school counselors have a legal obligation
to take action when students show signs of threatening or posing a danger to other students. In 1999, the United
States Supreme Court has commented on the responsibility of the authorities of the schools in addressing
violence in schools. United States Supreme Court asserts that school staff has been warned that they may be
liable for failing to provide protection to students in danger by the students who are willing to do criminal
violence. Thus, school counselors are required to update their knowledge on relevant court decisions on violence
towards staff and students at the school. Even administrators, staff and school counselors have been brought to
court for failing to provide protection or warnings to other students on the dangers of terror threat ahead of
students (Hermann & Finn, 2002).
Today, school counselors are faced with the urgent needs for counseling sessions covering cases of stress,
suicide, pregnancy, drugs, school violence and child abuse. To address this concern, the school counselor should
have clinical skills and awareness of legal and ethical depth prior to taking any action (Herlihy, Gray, &
McCollum, 2002). In fact, school counselors face many problems on legal issues (Corey, Corey, & Callanan,
1998). For example, failure to report suspected cases of abuses against children will result in legal prosecution of
criminal and civil proceedings against the school counsellor. In the United States, the rate of suicide among
adolescents under the age of 20’s has increased over 300% since 1950’s. Schools in the United States are required
to make guidelines for suicide prevention and crisis management. This is a challenge to the ethical and legal
issues to a counselor and even to the faculty, administration and school staff (Capuzzi & LPC, 2002).
1.2 Relevant Scholarship
1.2.1 The Code of Ethics
Various codes of ethics have been developed for counselors’ guidance. Code of ethics includes the normative
punishment of society’s behavior. The punishment includes significant elements of good and bad characteristics
among the society but may not be enforced by the law. However, not all of the law-breaking activities are
considered as crimes though the code may be transgressed (Corey, Corey, & Callahan, 2003). National
Association of Social Workers (henceforth, NASW) (1999) produced a NASW Code of Ethics (1999) which
informs the professional ethics of the social workers and guides the counselors in terms of managing his or her
duties professionally. Informed consent is part of the ethical and legal principles which requires the counselor to
inform the client in facing potential risk, benefits and alternatives during the counseling session (Glosoff & Pate,
2002; William, 2012). Furthermore, principles of counseling ethics also aim to guide the counselors to make an
appropriate decision whenever the situation has created ethical dilemma concerning moral values. The principles
are known as the golden Five which are autonomy, beneficence, non-maleficence, justice and fidelity. These
principles act as guidelines for counselors in order to make decision and justification on a problem that creates
ethical dilemma especially the ethics involving confidentiality (Cottone & Tarvydas, 1998).
According to American Association for Counseling and Development (henceforth, AACD, 1988) section “A”:
‘General, paragraph six, states that when a counselor reveals an information or statement to the public, the
laymen and colleagues, the counselor should be accountable towards the content of his or her statement. The
information revealed by the counselor should be correct and client’s identification should be veiled. Section “B”:
“Interaction of Counseling”; paragraph two states that a counselor must maintain confidentiality. All forms of
client’s record which are not important should be destroyed. The counselor is accountable to keep information
during the counseling session confidential. In the group counseling session, counselor should place ethical
confidentiality at the top of the priority. Any form of revealed information at a counseling session is prohibited.
In addition, Corey, Corey and Callanan (2003) and APA (1992) have divided the legal confidential ethics into the
following categories: a). Privileged Communication, b). Privacy, c). The Duty to Warn and to Protect, d).
Informed Consent and e). Access to Records.
Moreover, ethics of confidentiality in Counseling Association of Malaysia (henceforth, PERKAMA) states that
counselors should maintain confidentiality of the information obtained from clients during the counseling session
unless the information is harmful to clients and others, and above the demands of law must be followed with
enthusiasm (PERKAMA Review, 2008, p. 5). Without maintenance on the ethics of confidentiality, the counselor
can simply use the weaknesses of the client or take advantage of the interest itself. Thus, confidentiality is
necessary to protect the interests of the clients. Indeed, confidentiality is significant in creating the trust on the
relationship between a counselor and a client (Mitchell, Disque, & Robertson, 2002).
In order to perform the tasks as a reliable counselor and gain the trust of clients, a counselor should be alert of
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ethical confidentiality. Counselors should understand and practice ethical confidentiality because clients in
distress are easy to be manipulated. Therefore, lacking of understanding and awareness of the ethical
confidentiality, counselors can manipulate the client’s weaknesses for their own benefits. Furthermore,
counselors must acquire a high standard of competence in the knowledge, experience and counseling skills in
order to maintain ethical confidentiality based on the counseling ethical code (Biggs & Blocher, 1987). Therefore,
without the counseling qualification, experience and skills, counseling services can fail and the clients will
ignore the counseling rooms. In fact, at present, conflicts of the counseling ethics and ethical confidentiality
among the counseling profession can easily be solved based on the ethical codes outlined. If the ethical codes are
followed, the counseling profession could be stabilized at a high standard (Noriah, Zuria, & Amla, 2003).
1.2.2 Past Studies in Ethical Issues in Confidentiality Practice
Some studies pertain to the breach of confidentiality exist in extant literature. Gottfried (2000) finds that there
are 41 cases of informed consent violation. Thirty cases of violations of informed consent by social workers
occur when counselor fails to discuss the policies with client; nine cases involving failure to discuss pertaining to
fees, bills or other policies payment; eight cases involving ‘the worker proceeds with some action over the
client’s objections such as ‘taping a session’, divulging information of a case although the client has not given
permission to it. Meanwhile, there are three cases of ‘consent’ which are obtained through unfair means.
The Ethics and Standards of Practice Committee of the Minnesota Child Psychologists has conducted a study
consists of six clinical child psychologists. 1068 questionnaires have been circulated to (a) registered
psychologists under the Board of Psychologists, Minnesota (b) school psychologists under the Special Education
Section, Department of Learning, Family and Child, Minnesota. About 354 (33%) questionnaires are returned
and the study shows that protecting the adult privacy could strengthen the confidential ethics. Around 3.2% 6.5% of the public state that counselors have reported about client’s immoral behaviour to other parties. In fact,
20.9% from the public state that the breaches of child’s record occur during a therapy session and 18.8% of the
public stress that parent’s medical report data are also found inside the child’s record (Alexander, 1997).
The Gallup Organization under the Institute for Health Freedom, (Zoutman, Ford, & Bassili, 2004) finds the
majority of the respondents aged between 18 to 35 years old (95%) are very keen on ethical confidentiality. In
fact 75% of the female adults surveyed are aware that ethical confidentiality is the main factor to gain the client’s
trust among the counsellors. Sealander, Schwiebert, Oren, and Weekley (1999) analyse teenage students’ opinion
in relation to the importance of ethical confidentiality and find that 35% of the students agree that ethical
confidentiality is very important. Meanwhile, 46% of the students view that ethical confidentiality as important
only. Overall, the respondents agree that ethical confidentiality should be breached to their parents, police and
teachers whenever a clear cut case appears as a symptom of danger towards the student’s safety. Furthermore,
Mitchell, Disque and Robertson (2002) find that ethical confidentiality is essential to protect the client’s
confidentiality. In addition, the ethical confidentiality is significant to develop the trust between counselors and
client.
However, confidentiality concept is easy to understand but difficult to be implemented by counselors and
psychologists due to complex factors (Noriah, 2004). School counselors face many legal issues and the failure to
report the suspected case of child abuse could lead to civil and criminal suit (Corey, Corey, & Callahan, 1998).
Mohd Noh (2001) finds that clients prefer to meet a close friend to discuss their problems. The second person
that clients will prefer to meet is their school-mate; the third person is their parents, while the counselor will be
their seventh or the tenth option. On the same note, Snyder, Hill and Derksen (1972) state that a study among
181 university students shows that their peers are the first reference point for the students’ personal and social
problems, a close relative to be the second option and services offered by the faculty as well as the psychologist
to be their final choice. According to Isaacs and Stone (1999), confidentiality is an issue to gain the client’s trust.
Generally, students would not seek counseling services if the confidential ethics are not upheld and practiced by
counselors. Biggs and Blocher (1987) state that counselors must be aware of the ethics while conducting the
counseling services. Moreover, conflicts within the profession could be avoided and would be well addressed
according to the counseling guidelines. Thus, the stability in the profession will prevail. Generally, the code of
ethics is to guide counselor on ‘what ought to be done and what ought not to be done’ as a professional counselor
during their counseling session (Noriah, Zuria, & Amla, 2003). The aim of the present study was to investigate
the influence of awareness, legal and ethics understanding on the confidentiality practice of ethics amongst
counselors.
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1.2.3 Theoretical Framework
According to Badzek, Mitchell, Marra and Bower (1998), in order to handle confidential information, a
counselor requires an ethical understanding, awareness, practice, knowledge and skills to make decisions. Thus,
education, understanding, awareness and practice of secrecy are essential elements in the framework for the
present study. The theoretical framework is developed as outlined in Figure 1.
Ethical
Understanding
a) Legal
Confidential
b) Ethics
Confidential
Awareness
(Mind set)
Practice (Outcome)
Figure 1. Theoretical framework
According to Badzek et al. (1998), breaching the confidential information needs the knowledge, awareness and
ethical confidential practice competence. In this study, the process to be examined is that if a counselor is found
breaching ethical confidentiality, the counselor must strengthen the knowledge of his or her ethics confidentiality.
When the knowledge of ethical confidentiality is intact, the process of ethical confidential awareness will
develop in the counselor’s mind and soul. Thus, when these two elements of ethical confidentiality namely
knowledge and awareness are merged, the ethical confidentiality practice will easily be implemented. Moreover,
Stufflebeam, Foley, Gephart, Guba, Hammond, Merriman and Provus (1971) assert that to practice the ethical
confidentiality, counselor should acquire the input knowledge and information regarding the issues that prevail in
the environment. Thus, a vast information and knowledge regarding ethical confidentiality will lead to awareness
in implementing a high level of ethical confidentiality practice among counselors.
1.2.4 Research Questions
This study utilises the following research questions:
1) Does awareness influence the confidentiality practice of ethics amongst counselors?
2) Does legal understanding influence confidentiality practice of ethics amongst counselors?
3) Does ethics understanding influence confidentiality practice of ethics amongst counselors?
2. Method
This section illustrates the sample, instrument, data collection and content validity and reliability.
2.1 Sample
A quantitative analysis was used to test the research model through a cross-section survey method. 1000 survey
questionnaires were sent out to randomly selected counselors in several states in Malaysia. The respondents are
graduated either in the Diploma in Counseling, Masters in Counseling (Guidance and Counseling) or Doctorate
in Counseling. 602 completed questionnaires were returned.
2.2 Instrument
The questionnaire was divided into five sections. Overall, 56 items were to be answered by the respondents. The
first section consisted of questions regarding the demographic characteristics of the respondents. The second
section consisted of 21 items regarding the knowledge of legal confidentiality. The third section consisted of 19
items regarding the knowledge of ethical confidentiality. The fourth section comprised 9 items regarding the
confidentiality awareness. Finally, the fifth section comprised 7 items regarding the practice of confidentiality.
The instrument used in this survey was developed based on the literature. Meanwhile, the instruments have been
approved by thirteen (13) experts and experienced counselors in the counseling field for establishing face
validity of the items. The five-point Likert scale ranging from 1 (strongly disagree) to 5 (strongly agree) was
used for the questions to indicate a degree of agreement or disagreement with each of a series of statements
related to the stimulus objects.
2.3 Data Collection and Analysis
The questionnaire was pre-tested through the pilot study within the counselors in three states in Malaysia namely
Melaka, Selangor and Perak. The pilot study resulted in the minor adjustment to the vagueness of wording and
sequence of the questions. A subtraction of seventy three (73) items from 129 original items to measure ethical
confidentiality was based on the experts’ suggestion during the pilot study. The revised questionnaire was then
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administered to respondents. The data were analyzed by examining the distribution of responses based on
descriptive analyses; frequencies and percentages. A statistical application namely regression analysis was used
to examine the data. Participants in t…
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