Relevant+Laws+and+Legal+Considerations

As counselors, it’s important that we follow both ethical and legal guidelines. Sometimes this can prove to be challenging (Stone and Zirkel, 2010). School counseling differs from other counseling in that it’s a collaboration with the school, teachers, administration, and parents, rather than with a singular client (Glosoff and Pate, 2002; Isaacs and Stone, 1999; Stone, 2002). This presents a particular challenge in regards to confidentiality. While there is some legal guidance in the form of laws and school board policy, all situations school counselors may encounter cannot be covered. In some instances, school counselors must use their best judgment, but there are some court cases that they can use as guidance. When dealing with an emotional topic, such as abortion, there can be many legal and ethical complications in regards to religion, views about sexual conduct for teenagers, and parents’ rights in regards to their children (Stone, 2002). While school counselors should act as advocates for their students, they must be careful not to impose their beliefs onto the students, or in some cases, they may be held liable for giving advice in regards to abortion. In 1989, two high school students, along with their parents filed suit against the School District of Escambia County, Alabama, stating that the school counselor pressured the young woman to get an abortion and that the parents’ rights were violated because they were not made aware of the pregnancy. When the young girl involved testified that she had made the decision to obtain an abortion on her own and acknowledged that the counselor had asked her only appropriate questions, the trial court concluded that the counselor could not be held liable. While the outcome of this case favored the counselor, it’s an important lesson to proceed cautiously in dealing with significant cases like this. In regards to entering into a contractual relationship, the law for minors in the state of Georgia states, “The law prescribes certain ages at which persons shall be considered of sufficient maturity to discharge certain civil functions, to make contracts, and to dispose of property. Prior to those ages they are minors and are, on account of that disability, unable to exercise these rights as citizens unless such minor becomes emancipated by operation of law or pursuant to Article 6 of Chapter 11 of Title 15 ([|O.C.G.A. § 1-2-8]).” This suggests that any person under 18 years of age is not allowed to make legal decisions without consent of a guardian, including entering into a contractual counseling relationship. This means that the parent or guardian has legal rights within the counseling contract and the right to all records, and the minor cannot assert privilege over them.  In addition, Georgia abortion law states that in order for a minor under 18 years of age to receive an abortion, they must be accompanied by a parent or guardian, who has been notified 24 hours in advance and will provide consent. ([|O.C.G.A. § 15-11-112] ). The minor may petition in court, to by-pass parental consent if they feel they are mature enough to make the decision on their own. In our case, if Jenny were to decide that she wanted to have an abortion, she would either have to inform her parents and obtain their consent, obtain approval that she is mature enough to make this decision without their consent, or show that her parents’ consent is not in her best interest. Michael should research these laws, if he is not aware of them, before his next session with Jenny. Jenny states that if she decides to have an abortion, her mother won’t find out, but in Georgia, unless Jenny has another guardian who will consent for her, her mother will have to know. Jenny may not be aware of this law and it’s in Michael’s best interest and his duty to inform her. In the event that Jenny decides she wants an abortion, the counselor should encourage her to disclose this information to her parents herself, so that no breaches in confidentiality will be made.   Counselors should also be aware of statutory rape laws in their state. While Jenny is 17, and could have gotten pregnant at 16, she would have been of legal age to consent ( [|O.C.G.A. § 16-6-3] ). However, we do not know how old the person is who impregnated her. It would be important information for the counselor to have in order to make an ethically sound decision in this case.  If in later sessions with Jenny, Michael finds out that Jenny decides not to have an abortion, he can help her decide on an appropriate way to inform her parents of her pregnancy. Regardless of Jenny’s decision, before informing her parents, Michael should evaluate Jenny’s maturity level, glean advice from supervisors or colleagues, and ask himself what advice he would give to another school counselor in his position (Stone, 2002). He should also never tell Jenny his personal beliefs on teen pregnancy and abortion, or otherwise impose them onto her. There are no laws which dictate what a school counselor should do in this situation. It’s up to the counselor to evaluate each situation, as they will all be different.  Glosoff, H. L., & Pate, R. H. (2002). Privacy and confidentiality in school counseling. //Professional School Counseling 6 //(1), 20-27. Isaacs, M. L., & Stone, C. (1999). School counselors and confidentiality: Factors affecting professional choices. //Professional School Counseling, 2 //<span style="font-family: 'Times New Roman',serif;">(4). <span style="font-family: 'Times New Roman',serif;">Stone, C. (2002). Negligence in academic advising and abortion counseling: Courts rulings and implications. //Professional School Counseling, 6//(1), p 28. <span style="font-family: 'Times New Roman',serif;">Stone, C. B., & Zirkel, P. A. (2010). School Counselor Advocacy: When law and ethics may collide. //<span style="font-family: 'Times New Roman',serif;">Professional School Counseling 13 //<span style="font-family: 'Times New Roman',serif;">(4), 244-247.

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