Case+11+-+Relevant+Laws+and+Legal+Considerations

Case 11 - Relevant Laws and Legal Considerations media type="youtube" key="bXF3T-jDIY8" width="448" height="251" align="center"



There are several laws from the State of Georgia as well as the Georgia Secretary of State and the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists that pertain to this case. They are as follows.

§ 39-1-1. Age of legal majority; residence of persons in state for purpose of attending school (a) The age of legal majority in this state is 18 years; until that age all persons are minors. (b) Nothing in this Code section shall be construed automatically to render an individual a resident of this state when that individual is in the state for the purpose of attending school. In the case of such individual, his residence will be considered to be the state in which his parents reside if under the laws of that state the individual would still be considered a minor and he is incapable of proving his emancipation.
 * Georgia Title 39, Chapter 1, Provision 1**

As well as the above law dictating the legal age of adulthood in the state of Georgia, there are also the following laws governing mental health professionals specifically. These pertain to the professional’s responsibility to their clients and their client’s right to confidentiality:

(1) A licensee's primary professional responsibility is to the client. The licensee shall make every reasonable effort to promote the welfare, autonomy and best interests of families and individuals, including respecting the rights of those persons seeking assistance, obtaining informed consent, and making reasonable efforts to ensure that the licensee's services are used appropriately. (g) when there are clear and established risks to the client, failing to provide the client with a description of any foreseeable negative consequences of the proposed treatment;
 * 135-7-.01 Responsibility to Clients.**

(1) The licensee holds in confidence all information obtained at any time during the course of a professional relationship, beginning with the first professional contact. The licensee safeguards clients' confidences as permitted by law. (2) Unprofessional conduct includes but is not limited to the following: (a) revealing a confidence of a client, whether living or deceased, to anyone except: 2. after obtaining the consent of the client, when the client is a legally competent adult, or the legal custodian, when the client is a minor or a mentally incapacitated adult. The licensee shall provide a description of the information to be revealed and the persons to whom the information will be revealed prior to obtaining such consent. When more than one client has participated in the therapy, the licensee may reveal information regarding only those clients who have consented to the disclosure; 4. where there is clear and imminent danger to the client or others, in which case the licensee shall take whatever reasonable steps are necessary to protect those at risk including, but not limited to, warning any identified victims and informing the responsible authorities;
 * 135-7-.03 Confidentiality.**

Helpful information concerning this case can also be found from the American Mental Health Counselors Association. This association’s Code of Ethics has principles that dictate the welfare of the consumer and the confidentiality of the client.

from the American Mental Health Counselors Association 2000 Revision Principle 1 Welfare of the Consumer J) Informed Consent Mental health counselors are responsible for making their services readily accessible to clients in a manner that facilitates the clients' abilities to make an informed choice when selecting a provider. This responsibility includes a clear description of what the client can expect in the way of tests, reports, billing, therapeutic regime and schedules, and the use of the mental health counselor's statement of professional disclosure. In the event that a client is a minor or possesses disabilities that would prohibit informed consent, the mental health counselor acts in the client's best interest. Principle 3 Confidentiality K) Where a child or adolescent is the primary client, or the client is not competent to give consent, the interests of the minor or the incompetent client shall be paramount. Where appropriate, a parent(s) or guardian(s) may be included in the counseling process. The mental health counselor must still take measures to safeguard the client's confidentiality.
 * Code of Ethics**

References http://www.lpcaga.org/index.php?customernumber=567864645196375&pr=Ethics&=SID http://www.lexisnexis.com/hottopics/gacode/Default.asp Image obtained from http://pixabay.com/en/balance-scale-justice-law-judge-154516/