Introduction
This essay explores the intricate ethical dilemma faced by Alan, a counseling intern at a community college, after a client, Emily, discloses a past incident involving the potential contribution to her abuser’s death during childhood. The situation raises significant questions about confidentiality, legal obligations, and the responsibilities of a trainee counselor. By applying the American Counseling Association (ACA) Ethical Decision-Making Model, this paper aims to analyse the ethical and legal issues surrounding Emily’s disclosure and determine the most appropriate course of action for Alan. The analysis will cover identifying the problem, reviewing relevant ethical and legal standards, evaluating the dimensions of the dilemma, and proposing potential actions. Ultimately, this essay seeks to balance client welfare with professional responsibilities, demonstrating the complexities of ethical decision-making in the helping professions.
Identifying the Ethical Problem
The core ethical issue in this scenario revolves around confidentiality and whether Alan, as a counseling intern, should report Emily’s disclosure of potentially contributing to her abuser’s death when she was seven years old. This confession raises immediate concerns due to the severity of the outcome—death—and the possibility of criminal implications. However, several contextual factors complicate the decision. Emily was a child at the time of the incident, and her abuser is now deceased, meaning there is no current risk to others. Furthermore, there is no evidence that the death was investigated as a crime, and it remains unclear whether Emily’s actions directly caused the outcome.
Another critical element is Alan’s role as a trainee. According to the ACA Code of Ethics (2014), counselors-in-training are not expected to handle complex ethical or legal dilemmas independently and must seek supervision (ACA, 2014). Therefore, the problem extends beyond whether to report the incident—it also involves how Alan should responsibly navigate this situation within the limits of his role. The fundamental question is whether Alan has a legal or ethical obligation to breach confidentiality or whether he should prioritise Emily’s current mental health needs and maintain trust within the therapeutic relationship.
Relevant Ethical and Legal Standards
The ACA Code of Ethics (2014) provides clear guidance for navigating such dilemmas. One of the primary responsibilities of a counselor is to promote the welfare of the client (ACA, 2014, Standard A.1.a). For Alan, this means prioritising Emily’s well-being, particularly given her current struggles with depression and unresolved trauma. Additionally, the Code mandates the protection of client confidentiality (Standard B.1.c), with exceptions only in cases of serious and imminent danger to the client or others (Standard B.2.a). Since Emily’s disclosure pertains to a past event with no current threat—her abuser is deceased and she shows no signs of danger to herself or others—the “duty to warn” principle does not appear to apply.
Moreover, as a trainee, Alan is explicitly required to consult with a supervisor when faced with ethical uncertainties (ACA, 2014). This ensures that complex issues are addressed with appropriate guidance. From a legal perspective, mandatory reporting laws typically focus on current abuse or immediate danger. Given that Emily was a child at the time of the incident and many jurisdictions do not hold young children criminally responsible in the same way as adults, there may not be a legal obligation to report (Remley & Herlihy, 2020). Nonetheless, Alan must verify state-specific laws and discuss the matter with his supervisor to confirm this assessment. Based on these standards, maintaining confidentiality seems paramount unless a legal requirement to report is established.
Dimensions of the Ethical Dilemma
To fully understand the nature of this dilemma, it is essential to evaluate it through key ethical principles often applied in counseling contexts. First, autonomy refers to respecting a client’s right to control their own life and information. Emily disclosed her traumatic past to Alan in a therapeutic setting, trusting that her privacy would be respected. Breaching confidentiality could undermine her sense of agency and safety, potentially exacerbating her mental health challenges.
Second, beneficence—acting in the client’s best interest—requires Alan to consider Emily’s current struggles with depression and trauma. Reporting the disclosure without a clear legal mandate might worsen her distress and hinder her therapeutic progress. Similarly, nonmaleficence, or “do no harm,” suggests that unnecessarily reporting the incident could retraumatize Emily, particularly given her history of being failed by adults during her childhood. Another breach of trust could cause lasting psychological harm.
Justice, as an ethical principle, calls for fairness and contextual understanding. Emily’s actions at age seven occurred under extreme duress as a victim of severe abuse. Judging her without considering this background would be inequitable. Finally, fidelity—the commitment to trust and loyalty in the counseling relationship—underscores the importance of maintaining confidentiality. Therapy relies on a safe space for clients to share difficult truths; breaking that trust could irreparably damage Emily’s willingness to engage in future therapeutic work (Corey et al., 2019). These dimensions highlight the complexity of Alan’s decision and the potential harm of acting without careful consideration.
Generating Potential Courses of Action
Alan has several possible responses to this situation, each with distinct implications. The first option is to report the disclosure to law enforcement immediately. While this might seem like a safe choice to mitigate legal risk, it could violate confidentiality if reporting is not legally required, thus harming Emily and the therapeutic relationship. A second option, keeping the information confidential without consulting anyone, is equally problematic. As a trainee, Alan lacks the experience to make such a decision independently, and failing to seek supervision would be irresponsible under the ACA guidelines (ACA, 2014).
A third and more balanced approach is to consult his supervisor immediately, review relevant state laws, and discuss the ethical implications before deciding on a course of action. This aligns with the ACA’s emphasis on supervision for trainees and ensures that Alan addresses the issue responsibly. Additionally, conducting a risk assessment to confirm that Emily poses no current danger to herself or others could provide further clarity. If necessary, seeking legal advice through the counseling center could offer additional guidance on reporting obligations (Remley & Herlihy, 2020). Of these options, consulting supervision while completing a risk assessment appears to be the most reasonable, as it balances ethical responsibilities with client welfare.
Conclusion
In conclusion, the ethical dilemma faced by Alan illustrates the profound challenges of maintaining confidentiality in the face of serious disclosures within the counseling profession. Applying the ACA Ethical Decision-Making Model reveals that there is no clear legal or ethical mandate to report Emily’s past actions, given the absence of current danger and the context of her childhood trauma. Ethical principles such as autonomy, beneficence, nonmaleficence, justice, and fidelity further underscore the importance of prioritising Emily’s well-being and trust in therapy. The most appropriate course of action for Alan, as a trainee, is to seek supervision, review state-specific laws, and conduct a risk assessment to ensure an informed decision. This case highlights the necessity of supervision and adherence to ethical standards in navigating complex dilemmas. Ultimately, it demonstrates that ethical decision-making in counseling requires a delicate balance between legal obligations, professional responsibilities, and client welfare—a balance that is particularly challenging for those still in training.
References
- American Counseling Association (ACA). (2014) ACA Code of Ethics. American Counseling Association.
- Corey, G., Corey, M. S., & Callanan, P. (2019) Issues and Ethics in the Helping Professions. Cengage Learning.
- Remley, T. P., & Herlihy, B. (2020) Ethical, Legal, and Professional Issues in Counseling. Pearson.
