Investigating Abuse Cases and Legal Issues in Counseling

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Part 1

3-4 paragraphs

Since the after-school conference, Anne has missed 15 of the last 20 days of school. When she does attend, she is very quiet and tends to stay by herself. Anne also claims to be sick every time she has to go to gym class. The teacher has attempted to call her home to find out why Anne is missing so much school. On one occasion, Anne’s father answers the phone and curses at the teacher and hangs up. After this conversation, the teacher is very concerned about Anne’s safety and consults the principal. A decision is made to contact child protective services (CPS). You are the assigned investigator from CPS.

Draft a 3-4 paragraph memo outlining how you will begin your investigation. Be sure to include and discuss the following:

  • Which persons do you need to interview and why? Provide a minimum of three people you must interview.
  • What information would you expect to learn from each person you interview? Provide a minimum of two pieces of information you would expect to collect from these interviews.
  • What allegations do you feel could be present in this case? Provide a minimum of two.
  • When responding to your peers’ postings, consider whether you agree with the allegations they posed as possibilities. Are those the only allegations? What other people might they not have considered interviewing? What other information should be sought?

Part 2

300-500 words

You are a supervising chemical dependency counselor at a rehabilitation hospital. Your role is to facilitate individual counseling and therapy sessions for your clients who are recovering from alcohol and substance abuse. In the midst of this, you are responsible for the intern counselors assisting you in this department.

Client privacy and confidentiality are incredibly important to the success of the client/counselor relationship. The client must trust that the counselor will maintain the client’s privacy and confidentiality whenever possible. This trust is essential to the client’s successful treatment. In discussing privacy and confidentiality, one must address HIPAA and the Privacy Rule.

Discuss in-service training on HIPAA and the Privacy Rule including the following 5 points:

  • Why is HIPAA important, and why is the Privacy Rule important?
  • Is HIPAA the only set of rules or laws that govern client privacy issues, and is it more powerful than state laws?
  • What responsibilities do chemical dependency counselors have to their clients as a result of HIPAA? Include minimum necessary information.
  • What are the exceptions to client confidentiality?
  • What is informed consent?

Remember your answers are for counselors new to the profession, so it is necessary to stress the importance of following HIPAA and respecting a client’s rights.

 
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