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ACA Ethical Standards Casebook

Seventh Edition

Barbara Herlihy

Gerald Corey

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American Counseling Association

5999 Stevenson Avenue • Alexandria, VA 22304
www.counseling.org

Dedication

To our student readers—the next generation of
counseling professionals who will guide us
through uncharted waters.

Acknowledgments

This seventh edition of the Casebook is truly the product of the collaborative efforts of many people over time.

Many individuals contributed to the development of the 2014 ACA Code of Ethics. The ACA Ethics Revision Taskforce, chaired by Perry C. Francis, worked from 2011 through 2013 to develop proposed revisions to the 2005 Code of Ethics. Many ACA members also gave helpful input during the comment period for the draft of the Code. Although we cannot thank them all by name, this is their book too.

We thank the following doctoral students at the University of New Orleans who contributed many of the illustrative vignettes that appear in Part II: Drew David, Melissa D. Deroche, Emeline Eckart, Angela E. James, Earniesha Lott, Panagiotis Markopoulos, Candace N. Park, Latrina Raddler, and Karen Swanson Taheri. They updated numerous vignettes for standards that appeared in the 2005 Code of Ethics and created new vignettes for standards that appeared for the first time in the 2014 Code, particularly in Section H.

We appreciate the prerevision review of the prior edition of this book with helpful feedback that we considered in the revision of this 7th edition. These people were Jane Rheineck, Dale-Elizabeth Pehrsson, and Mee-Gaik Lim.

It has been a joy to work with the capable and conscientious publications staff at ACA. Carolyn Baker's prompt and careful attention throughout the production process is greatly appreciated, as always. We thank Kay Mikel for her skillful editing of this edition.

About the Authors

Barbara Herlihy, PhD, LPC, LPC-S, is University Research Professor in the Counselor Education graduate program at the University of New Orleans. She has served on the ACA Ethics Committee as chair (1987–89) and as a member (1986–87, 1993–94) and as a member of the taskforces to revise the 1995 and 2005 ACA codes of ethics.

Dr. Herlihy is the coauthor of several books on ethical issues in counseling: Ethical, Legal, and Professional Issues in Counseling (2014) with Ted Remley; the ACA Ethical Standards Casebook, 5th and 6th editions (1996, 2006), Dual Relationships in Counseling (1992), and Boundary Issues in Counseling: Multiple Roles and Relationships, 2nd and 3rd editions (2006, 2015), all with Gerald Corey; and the ACA Ethical Standards Casebook, 4th edition (1990) with Larry Golden. She is also the author or coauthor of more than 65 journal articles and book chapters on ethics, social justice and multicultural counseling, feminist therapy, and other topics. She is the recipient of the Southern Association for Counselor Education and Supervision Courtland Lee Social Justice Award and the Association for Counselor Education and Supervision Distinguished Mentor Award. She is a frequent presenter of seminars and workshops on ethics across the United States and internationally, most recently in Malta, Venezuela, and Mexico.

Gerald Corey, EdD, ABPP, NCC, is a Professor Emeritus of Human Services and Counseling at California State University at Fullerton. He is a Diplomate in Counseling Psychology, American Board of Professional Psychology; a licensed counseling psychologist; and a Fellow of the American Counseling Association, the Association for Specialists in Group Work (ASGW), and the American Psychological Association, in both Division 17 and Division 49. He is the recipient (with Marianne Schneider Corey) of both the Lifetime Achievement Award from the American Mental Health Counselors Association in 2011 and the ASGW's Eminent Career Award in 2001.

Dr. Corey has authored or coauthored 15 textbooks in counseling that are currently in print, has made five educational DVD programs on various aspects of counseling, and has written numerous journal articles and book chapters. Some of his coauthored books include Issues and Ethics in the Helping Professions (2015) with Marianne Schneider Corey, Cindy Corey, and Patrick Callanan; Becoming a Helper (2016) and I Never Knew I Had a Choice (2014), both with Marianne Schneider Corey; and Groups: Process and Practice (2014) with Marianne Schneider Corey and Cindy Corey. Some of his other books include Theory and Practice of Counseling and Psychotherapy (2013) and Theory and Practice of Group Counseling (2016). In the past 40 years the Coreys have conducted group counseling training workshops for mental health professionals at many universities in the United States as well as in Canada, Mexico, China, Hong Kong, Korea, Germany, Belgium, Scotland, England, and Ireland.

About the Contributors

Jodi L. Bartley, MA, MEd, is a doctoral student in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Burt Bertram, PhD, is in private practice in Orlando, Florida, and is an adjunct faculty member in the Graduate Studies in Counseling Program at Rollins College in Winter Park, Florida.

Craig S. Cashwell, PhD, is Professor in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Tammy H. Cashwell, PhD, is Visiting Assistant Professor at Wake Forest University.

Amanda Crawford, MS, is a middle school counselor who works in Acadia, Montana.

Melissa D. Deroche, MEd, is a doctoral student in the Counselor Education Program at the University of New Orleans.

Emeline Eckart, MS, is a doctoral student in the Counselor Education Program at the University of New Orleans.

Perry C. Francis, EdD, is Professor and Counseling Clinic Coordinator at Eastern Michigan University.

Laura M. Gonzalez, PhD, is Assistant Professor in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Martin Jencius, PhD, is Associate Professor of Counseling at Kent State University.

Jennifer M. Johnson, PhD, is Assistant Professor in the Counselor Education Program at the University of New Orleans.

Chris C. Lauer, MS, is a graduate student in the master's degree program in counseling at the University of New Orleans.

Courtland C. Lee, PhD, is Professor in the Department of Counselling at the University of Malta.

Earniesha Lott, MEd, is a doctoral student in the Counselor Education Program at the University of New Orleans.

Matthew L. Lyons, PhD, is Assistant Professor in the Counselor Education Program at the University of New Orleans.

William B. McKibben, MS, is a doctoral student in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Edward Neukrug, EdD, is Professor of Counseling and Human Services at Old Dominion University.

Candace N. Park, MA, is a doctoral student in the Counselor Education Program at the University of New Orleans.

Gina B. Polychronopoulos, MS, MSEd, is a doctoral student in counselor education and supervision at Old Dominion University.

Latrina Raddler, MEd, is a doctoral student in the Counselor Education Program at the University of New Orleans.

Mark Salo, MEd, is a counselor at Sacajewea Middle School in Bozeman, Montana.

Danielle Shareef, MEd (deceased), was a doctoral candidate in the Counselor Education Program at the University of New Orleans.

Adria Shipp, PhD, is an Adjunct Professor in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Anneliese A. Singh, PhD, is Associate Professor in the Department of Counseling and Human Development Services at the University of Georgia.

Jennifer Stroup, MS, is a doctoral student in counseling psychology at Radford University.

Karen Swanson Taheri, MA, is a doctoral student in the Counselor Education Program at the University of New Orleans.

Isabel A. Thompson, PhD, is Assistant Professor in the Mental Health Counseling Program at the Center for Psychological Studies at Nova Southeastern University.

Alwin E. Wagener, MS, is a doctoral student in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Richard E. Watts, PhD, is University Distinguished Professor and Director of the Doctoral Program in Counselor Education at Sam Houston State University.

James L. Werth Jr., PhD, is Behavioral Health and Wellness Services Director for Stone Mountain Health Services headquartered in Pennington Gap, Virginia.

Kelly L. Wester, PhD, is Associate Professor in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Anne Marie “Nancy” Wheeler, JD, is an attorney who operates the Risk Management Service for the American Counseling Association; she also is an affiliate faculty member with the Pastoral Counseling Graduate Program at Loyola University Maryland.

Robert E. Wubbolding, EdD, is Professor Emeritus of Counseling at Xavier University, Cincinnati, Ohio, and Director of the Center for Reality Therapy; he was Director of Training, William Glasser Institute, 1988 to 2011.

J. Scott Young, PhD, is Professor of Counselor Education in the Department of Counseling and Educational Development at the University of North Carolina at Greensboro.

Making the Best Use of the Casebook

We hope students and seasoned practitioners of counseling will find this Casebook to be a valuable resource. We believe the Casebook can be utilized effectively in an ethics course or in a practicum or internship experience to help future members of our profession learn about their ethical responsibilities and ways to address ethical dilemmas. The vignettes that illustrate the standards help to clarify their intent and provide examples of appropriate practice.

The 12 chapters in this book examine an array of ethical issues: client rights and informed consent; social justice and counseling across cultures; confidentiality; competence; managing value conflicts; counseling minor clients; managing boundaries; working with clients who may harm themselves; technology, social media, and online counseling; counselor education and supervision; research and publication; and the intersection of ethics and law.

Each of the 12 chapters is followed by two case studies that illustrate some of the issues examined in the chapter. Each case study presents an ethical dilemma and is followed by questions for thought and discussion, an analysis of the case, and additional questions for further reflection. Students have often told us that they had never thought about certain ethical questions until they were confronted with cases that raised difficult issues or posed dilemmas that could not be neatly resolved. This Casebook gives students an opportunity to examine many ethical issues before they confront them in practice. As you read each of the case studies, put yourself in the role of a consultant to the professional described in the case. If this person were to consult you regarding the case, what would you want to say? You can also assume the role of the counselor, student, supervisor, or professor in the case and reflect on how you might deal with the situation.

For experienced counselors, we hope the Casebook serves as a vehicle for continuing education and that you use the material to further your aspirational ethics. As you read, reflect, and discuss the material with your colleagues, ask yourselves: “How can I best monitor my own behavior?” “How can I apply relevant standards to situations I encounter?” “How can I develop increased ethical sensitivity?” “How can I ensure that I am thinking about what is best for my clients, my students, or my supervisees?”

We believe that ethics is best viewed from a developmental perspective. We may look at issues in one way as students; later, with time and experience, our views are likely to have evolved. Ethical reasoning takes on new meaning as we encounter a variety of ethical dilemmas. Professional maturity entails being willing to question ourselves, to discuss our doubts with colleagues, and to engage in continual self-monitoring.

Part I
Introduction