Confidentiality and Mandatory Reporting in Counseling Minors

Introduction

The process of therapy is inherently based on the confidentiality of counselor-client relationships. The clients come to therapy sessions to discuss their psychological problems and safely share their deepest secrets and fears. In that regard, psychologists hold a position of power that they must not abuse.

In most cases, a professional counselor must respect the privacy of clients’ lives and refrain from disclosing the information obtained in a therapy setting. However, psychologists and mental health professionals are obligated to report certain events. Failing to abide by strict ethical standards may result in fines, loss of licensure, or incarceration in worst-case scenarios (Pajer, 2019).

Case Background

During a counseling session, 16-year-old Leanne tells a therapist that her father, with whom she lives now, sexually abused her from the time she was 8 until she was 12. The case of Leanne exemplifies a situation in which a counselor must file a report after making specific considerations.

Reporting an Abuse

Most importantly, one should understand that a counselor is ethically obligated to report potential abuse of a minor. Mandated reporting constitutes one of the few exceptions from the confidentiality rule (Good Therapy, 2018). A therapist must report a situation when vulnerable individuals, such as children and older adults, are mistreated. In addition, a therapist does not need to have any proof of abuse — a report must be filed if reasonable suspicion of abuse exists (Pajer, 2019). Furthermore, the timeline of suspected abuse does not matter, meaning that a therapist must report the incident even if the child is now an adult (Howard, 2018).

In Leanne’s case, she is still a teenager, which qualifies her situation for mandatory abuse reporting. The stop of sexual abuse once Leanne turned twelve might also indicate that her father might have found new victims. Therefore, a therapist has no other option but to file the report after making specific considerations.

Steps for Counselors in Abuse Reporting

Assessing the Client’s Psychological Needs

Firstly, a therapist must consider and evaluate Leanne’s psychological needs after hearing her confession of being sexually abused by her father. According to Chakaryan (2018), counselors must be nonjudgmental toward the victims of sexual assault and always ensure that survivors of such crimes are treated with respect. In addition, a counselor should understand why Leanne did not attempt to report her father’s crime before. She was a child when she became a victim of sexual abuse. Nowadays, Leanne is still a teenage girl living under the same roof as her abuser. In such cases, sexual abuse survivors may hesitate to report the crime due to financial dependence on the offender or fear of retaliation (Chakaryan, 2018). Furthermore, Leanne might experience a sense of shame if her story becomes public, which is common among sexual abuse victims (Chakaryan, 2018). A counselor must understand that such possibilities exist and provide Leanne psychological support before filing the report.

Providing Legal Counsel for Informed Decision-Making

Secondly, a therapist must be ready to provide brief legal counsel so Leanne can make informed decisions. In particular, Leanne should be informed that sexual abuse reporting options are not limited to a single type of procedure. Even if law enforcement involvement is inevitable, blind reporting remains available, in which the victim’s identity remains undisclosed (Chakaryan, 2018). The main goal lies in refraining from pressing Leanne to take an active part in reporting her father’s crime. According to Chakaryan (2018), a counselor must help sexual abuse victims regain the sense of agency lost after coercion into nonconsensual sex. In that regard, Leanne must be assured that she can freely make decisions because the authorities and child protective services will safeguard her and prevent her father from harming her in the future.

Explaining Reporting Obligations to the Client

Finally, a therapist must explain to Leanne that they are bound to report her confession to authorities even if she decides against filing a report. The therapist must be ready to embrace the role of the victim advocate and work with authorities to shield Leanne from her father’s reaction. If one does not possess the necessary professional competence, one must refer to a sexual abuse victim advocate in the area of their practice (Chakaryan, 2018). The goal of abuse reporting lies in helping the victims and preventing such crimes in the future. Therefore, a therapist should not treat abuse reporting as merely a protocol duty. A personal investment in the client’s situation is necessary to ensure a positive outcome.

Conclusion

In summary, one can claim that reporting the abuse is mandatory in Leanne’s case. However, a counselor must always prioritize the client’s psychological needs. The counselor-client relationship should be transparent — Leanne must be informed that mental health professionals are obligated to report sexual abuse. At the same time, the girl should know that her therapist and local authorities will not abandon her in such a traumatizing situation.

Sexual abuse victims frequently feel powerless and terrified, dreading the sense of shame and potential retaliation from their abuser. In that regard, the counselor should empower Leanne by explaining the legal options available to her and connecting her with a sexual abuse victim advocate if they cannot fill that role themselves. Ultimately, the counselor should strive to make abuse case reporting beneficial to the client rather than merely abide by ethical standards.

References

Chakaryan, H. (2018). Effective ways to approach sexual assault response. Counseling Today. Web.

Good Therapy. (2018). Recognizing and reporting abuse. Web.

Howard, E. (2018). Four “what if’s” of child abuse reporting. Psychology Today. Web.

Pajer, N. (2019). What therapists are legally obligated to report despite confidentiality. HuffPost. Web.

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StudyCorgi. "Confidentiality and Mandatory Reporting in Counseling Minors." November 12, 2024. https://studycorgi.com/confidentiality-and-mandatory-reporting-in-counseling-minors/.

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StudyCorgi. 2024. "Confidentiality and Mandatory Reporting in Counseling Minors." November 12, 2024. https://studycorgi.com/confidentiality-and-mandatory-reporting-in-counseling-minors/.

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