Chapter 10 Ethical and Legal Aspects of Working

Chapter 10 Ethical and Legal Aspects of Working with Groups Prepared by: Nathaniel N. Ivers, Wake Forest University Groups: A Counseling Specialty, 7 e © 2016 Pearson Education, Inc. All rights reserved.

Roadmap n n n n Ethics Defined Dominant Values of Ethics Code of Ethics Major Ethical Issues in Group Work Making Ethical Decisions Promoting Ethical Principles in Groups Legal Issues in Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -2 © 2016 Pearson Education, Inc. All rights reserved.

Ethics n n n Suggested standards of conduct based on a set of professional values (Gladding, 2011) To behave ethically is to act in a professionally acceptable manner based on professional values. All ethical issues involve values as grounds for decision-making. Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -3 © 2016 Pearson Education, Inc. All rights reserved.

Dominant Values of Ethics n n n Autonomy Beneficence Nonmaleficence Justice Fidelity Veracity Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -4 © 2016 Pearson Education, Inc. All rights reserved.

Autonomy n n n Promotion of self-determination Power to choose one’s own direction in life In groups, it is important that members feel they have a right to make their own decisions. Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -5 © 2016 Pearson Education, Inc. All rights reserved.

Beneficence n n Promoting the good of others In groups, it is assumed that leaders and members will work hard for the betterment of the group as a whole. Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -6 © 2016 Pearson Education, Inc. All rights reserved.

Nonmaleficence n n Avoiding doing harm Members of groups must be sure the changes they make in themselves and the help they offer others are not going to be damaging. Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -7 © 2016 Pearson Education, Inc. All rights reserved.

Justice n n n Fairness Equal treatment of all people Implies that everyone’s welfare is promoted and that visible differences in people, such as gender or race, do not interfere with the way they are treated Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -8 © 2016 Pearson Education, Inc. All rights reserved.

Fidelity n n Loyalty Duty Keeping promises and honoring commitments In group work, it involves stating up from what the group will focus on and then keeping the pledge Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -9 © 2016 Pearson Education, Inc. All rights reserved.

Veracity n n Truthfulness In group work, veracity is important in all phases of the group’s development. Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -10 © 2016 Pearson Education, Inc. All rights reserved.

Code of Ethics n n Set of standards and principles that organizations create to provide guidelines for their members to follow in working with the public and with one another. Constantly evolving Best Practice Guidelines of the Association for Specialists in Group Work (ASGW, 2007) Important that group leaders be aware of codes, standards, and guidelines related to group work. Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -11 © 2016 Pearson Education, Inc. All rights reserved.

Major Ethical Issues in Group Work n n n Training of Group Leaders Screening of Potential Group Members (e. g. , informed consent statement) Rights of Group Members (e. g. , confidentiality, involuntary group) Personal Relationships Between Group Members and Leaders (e. g. , dual/multiple relationships) Personal Relationships Among Group Members Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -12 © 2016 Pearson Education, Inc. All rights reserved.

Major Ethical Issues in Group Work n n n Uses of Group Techniques Leaders’ Values Referrals Records Closings and Follow-Up Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -13 © 2016 Pearson Education, Inc. All rights reserved.

Making Ethical Decisions n n Make ethical decisions according to both principle ethics and virtue ethics Use specific steps as a guideline Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -14 © 2016 Pearson Education, Inc. All rights reserved.

Principle and Virtue Ethics n Principle Ethics n n n Based on obligations Focus on finding socially and historically acceptable answers to questions (Corey et al. , 2015, p. 10) Virtue Ethics n n Focus on the “character traits of the counselor and nonobligatory ideals to which professionals aspire” Am I doing what is in the best interest of my client? (Corey et al. , 2015, p. 10) Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -15 © 2016 Pearson Education, Inc. All rights reserved.

A-B-C-D-E Worksheet n n n Assessment Benefit Consequence Consultation Duty Education Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -16 © 2016 Pearson Education, Inc. All rights reserved.

Promoting Ethical Principles in Groups n Training Group Leaders n Continuing Education and Peer Supervision n n Continuing Education Units (CEUs) Peer Supervision Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -17 © 2016 Pearson Education, Inc. All rights reserved.

Legal Issues in Groups n n Law – A body of “agreed-upon rules of a society that set forth the basic principles for living together as a group. “Laws can be general or specific regarding both what is required and what is allowed of individuals who form a governmental entity” (Remley & Herlihy, 2014, p. 4) n Successful group leaders are aware of “community standards, legal limitations to work, and state laws” (Ohlsen et al. , 1988, p. 391) Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -18 © 2016 Pearson Education, Inc. All rights reserved.

Actions to Prevent Lawsuits n n n Screening to reject inappropriate potential group members Spending extra time at the beginning of the first group session to discuss group rules and group members’ responsibilities Following the ethical codes of professional organizations to which one belongs Practicing only those theories and techniques in which one has actual expertise Obtaining consent or contracts in writing from members (or, case of minors, their parents) Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -19 © 2016 Pearson Education, Inc. All rights reserved.

Actions to Prevent Lawsuits n n n Warning members about the importance of confidentiality and the exceptions in which member confidentiality will have to be broken Staying abreast of recent research, theory, and practice techniques within one’s specialty Empowering members to evaluate their own progress and be in charge of their own progress Obtaining regular peer supervision of one’s work Following billing regulations and record-keeping practices to the letter of the law (Corey et al. , 2015; Paradise & Kirby, 1990; Van Hoose & Kottler, 1985; Wheeler & Bertram, 2015) Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -20 © 2016 Pearson Education, Inc. All rights reserved.

Malpractice Suits in Group Work n Unintentional civil liability n n Lack of intent to cause harm. Most malpractice suits in group work center around it Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -21 © 2016 Pearson Education, Inc. All rights reserved.

Malpractice Suits in Group Work n Intentional civil liability cases include situations in which there are issues regarding the following: n n Battery (unconsented touching of a person) Defamation (injury to one’s character or reputation either through verbal [slander] or written [libel] means Invasion of privacy (violation of the right to be left alone) Infliction of mental distress (outrageous behavior on the part of therapist Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -22 © 2016 Pearson Education, Inc. All rights reserved.

Professional Liability Insurance n n Insurance designed specifically to protect a group worker from financial loss in case of a civil suit Professionals who work with groups should carry it. Groups: A Counseling Specialty, 7 e Samuel Gladding 10 -23 © 2016 Pearson Education, Inc. All rights reserved.