rand kannenberg professional ethics in corrections

Corrections and Substance Abuse Training

ProfessionalProfessionalEthicsEthics

In In CorrectionsCorrections

By Rand L. Kannenberg

Learning Objectives

At the completion of this training, you will be able to discuss and define the following related to addiction and offender counseling/case management and professional ethics: Confidentiality Cultural Diversity Grievances Inappropriate Relationships Relapse/Recovery Scope of Practice

Confidentiality 1. It is possible for group counselors to

guarantee confidentiality to all group members.1

_____True _____False

2. If a client with a contagious and fatal disease does not intend to inform a third party who is at high risk because of the nature of the relationship or exposure, the counselor may disclose this information to the third party without the client’s consent.1


1 American Counseling Association (ACA) Code of Ethics and Standards of Practice

3. Both the physical records and the data in the records are the property of the client, not the counselor or the counseling agency.2


4. Clients have the right to refuse any recommended counseling services, as well as the right to be advised of the consequences of refusing such services.1


5. Family counselors may disclose information about one family member in counseling to another family member in counseling without the clients’ consent.1


2 National Board for Certified Counselors (NBCC) Code of Ethics

6. Ultimately, the program director is the accountable individual at the counseling agency for overseeing the storage of confidential client records.2


7. Clients must be informed about the existence and makeup of treatment teams involved in reviewing their confidential information.1


8. Counselors are not required to inform new clients of the situations in which confidential information can be released without their consent.1


Case Study #1Case Study #1Bob Bob (not the client’s real name) is a thirty-eight year old White male. He is employed as a truck and diesel mechanic for a company owned by his brother. He dropped out of school in the ninth grade. As a teenager he had multiple arrests for theft of auto parts and was placed on probation. He was also assaultive against peers. He is one of seven children. Both parents had problems with alcohol and domestic abuse. His father would regularly drink and drive. Bob has been married four times. He has not been a responsible parent with regards to consistent financial support or visitation with the two children from two of the relationships. He has been arrested for DWAI (twice), Second Degree Assault, Shoplifting, Disturbing the Peace, First Degree Criminal Trespass, Larceny, Driving after Revocation Prohibited (four times), DUI (three times), Eluding a Police Officer, First Degree Sexual Assault, Disturbing the Peace (two times), Threat to Injure Person/Property, Assault, Wrongs to Minors, Intimidating a Witness, Third Degree Assault (twice), Sexual Assault on a Child, Third Degree Sexual Assault, Driving while Habitual Drug User, Driving under Restraint, Domestic Violence (three times), Menacing, Criminal Mischief, Failure to Display Insurance, Reckless Driving and Speeding. As an adult he has used several aliases. He has been repeatedly indifferent to hurting others. He does not have Schizophrenia, or Bipolar Disorder; however, he has been treated for depression and anxiety in the past. He did not attend mental health counseling and stopped taking the medications when he went to jail but “did not notice a difference.” Bob is a chronic alcoholic. He has increased tolerance, quantity and duration; he has been unable to discontinue drinking; he has had legal and social impairments related to the alcohol; and he continued to drink despite the depressive episodes. He has been non-compliant with substance abuse treatment and did not take Antabuse as directed on a regular basis while on probation.

Kannenberg, R. (2001). Sociotherapy for sociopaths (TM).Lakewood, CO: Criminal Justice Addiction Services.

Ethical DilemmaEthical Dilemma

#1 Confidentiality#1 ConfidentialityYour client (case study #1) is now in IOP and Your client (case study #1) is now in IOP and

receiving other services at your day reporting receiving other services at your day reporting center. His children go to the same school as center. His children go to the same school as your children or your relative’s children. He your children or your relative’s children. He attends PTA meetings with you or your relative. attends PTA meetings with you or your relative.

What do you tell your relative, the PTA officer(s), What do you tell your relative, the PTA officer(s), or principal/other school officials about the or principal/other school officials about the client? Why?client? Why?

Copyright 2003 Criminal Justice Addiction Services Lakewood, CO (303) 232-0767

Cultural Diversity

9. A counselor may not discriminate against a client on the basis of his or her economic condition.3


10. Counselors are expected to use only screening and evaluation instruments that apply to all age groups and types of populations.1


11. Counselors should be knowledgeable about physical and mental disabilities.3


3 The Association for Addiction Professionals, National Association of Alcoholism and Drug Abuse Counselors (NAADAC) Ethical Standards for Counselors

12. Group counseling is appropriate for all clients.2


13. Counselors must encourage clients to be independent, adaptable and to make their own decisions.2


14. It is allowed to consider a client’s

cultural background when making recommendations for treatment.1


15. It is unethical for counselors to

overlook what they perceive as their agency’s age/race/sex discrimination in the hiring or promotion of others.1


16. Training and supervision should include discussion of a counselor’s personal norms, values, attitudes and behaviors.1


17. Training and supervision should include discussion of a counselor’s cultural/ethnic/racial identity.1 _____True _____False

Case Study #2Case Study #2Gene

Gene (not the client’s real name) is a twenty-one year old White male. He dropped out of school in the eighth grade. He does not have a G.E.D. His parents divorced when he was thirteen. He has lived with his father, stepmother and sister where he continued to reside rent-free until his most recent arrest. He has also worked sporadically as a roofer for his father’s business. Gene has never been married and has no children. He denies gang involvement but says all of his friends drink alcohol excessively and use illegal drugs. Gene was adjudicated as a juvenile delinquent for Misdemeanor Theft, Underage Possession of Alcohol, Minor in Possession of Alcohol (twice), and Third Degree Assault. He admits to starting drinking and using drugs when he was fifteen and that before being sentenced for the current charge of Criminal Trespass he used both alcohol and marijuana daily. He states that he was intoxicated at the time of his recent arrest and all he knows is that when he woke up he was in jail. He is diagnosed with Alcohol Dependence and Cannabis Abuse. Adult criminal history includes the following: Harassment, Burglary Two-of a Dwelling, Theft, Second-Degree Burglary, Child Abuse/No Injury/Neglect, and Possession of Paraphernalia. He has been on probation several times and violated the terms and conditions of probation at least twice. He has also served time in county jail.


Ethical DilemmaEthical Dilemma

#2 Cultural Diversity#2 Cultural DiversityYour client (case study #2) is an ISP inmate on private probation with Your client (case study #2) is an ISP inmate on private probation with

your agency. He has mental health treatment as a condition of your agency. He has mental health treatment as a condition of placement and a goal on his case management service plan. You placement and a goal on his case management service plan. You refer to the same outside provider you usually do. However, the refer to the same outside provider you usually do. However, the client reports back to you after just a few sessions that it’s not a client reports back to you after just a few sessions that it’s not a good fit or match. “I can’t connect with him. He can’t begin to good fit or match. “I can’t connect with him. He can’t begin to understand where I’ve been. We grew up in totally different parts of understand where I’ve been. We grew up in totally different parts of town.” town.”

Do you agree to transfer the client to a practitioner or program that Do you agree to transfer the client to a practitioner or program that specializes in working with individuals and families from his race or specializes in working with individuals and families from his race or

ethnicity? Why or why not?ethnicity? Why or why not?

Grievances

18. Counselors who have a doctoral degree that is not in counseling or a closely related field, may not refer to themselves as “Dr.” in the practice of counseling.1


19. It is the responsibility of counselors to take action, which may include making a report to the appropriate authority, when another counselor is acting in an unethical manner.3


20. A counselor has no obligations to a client following termination.1


21. It is not allowed for counselors to announce that they are members of one or more professional organizations.1


22. Counselors must disclose to clients and employers the discipline of their highest degree.2


23. Standards of accurate advertising of counseling services are addressed by most national associations and state regulatory agencies.2


24. Counselors are not expected to attempt to change an agency with which they are affiliated if the agency is unethical in one or more areas of client care.1


25. Counselors may claim or imply that they have a credential if they have submitted the application for approval and are simply awaiting the official notification that they have received the credential.3 _____True _____False

26. If a counselor believes that a student, peer or supervisee should not receive a positive report or recommendation for school, work, or credentialing, giving that individual a positive report or recommendation anyway would be unethical.1 _____True _____False

27. It is not the responsibility of the counselor to correct others when they misrepresent or misunderstand the counselor’s credentials or title.1 _____True _____False

28. By definition, sexual harassment in counseling is unwanted sexual conduct that must be demonstrated by a persistent or pervasive pattern.1


Ethical DilemmaEthical Dilemma#3 Grievances#3 Grievances

Your clients (case studies 1 and 2) are in your pretrial Your clients (case studies 1 and 2) are in your pretrial program. They both tell you that their previous case program. They both tell you that their previous case manager (still your coworker) was negligent in handling his manager (still your coworker) was negligent in handling his or her responsibilities as case manager. They give specific or her responsibilities as case manager. They give specific examples of having several weekly meetings canceled, examples of having several weekly meetings canceled, notes and telephone calls unanswered, failing to refer for notes and telephone calls unanswered, failing to refer for required drug testing, submitting paperwork to the court required drug testing, submitting paperwork to the court after deadlines, etc. There seems to be a pattern of neglect after deadlines, etc. There seems to be a pattern of neglect of case management obligations.of case management obligations.

Do you report this colleague to a supervisor? Why or why Do you report this colleague to a supervisor? Why or why

not?not?

Inappropriate Relationships 29. Counselors should neither engage in sexual behavior with current or former clients nor accept as clients anyone with whom they have engaged in sexual behavior in the past.3


30. Counselors may have social or business relationships with current or former clients.3


31. Counselors should not engage in sexual relationships with students or supervisees.1


32. Counselors may accept close relatives as students or supervisees.1


33. Students or supervisees needing or wanting counseling should not receive counseling from their administrative and/or clinical supervisors.1


34. Administrative and/or clinical supervisors needing or wanting counseling should not receive counseling from their students or supervisees.1


35. Counselors may accept referral fees for clients that they refer to other counselors or agencies.1


36. A counselor has no obligation to obtain client consent and notify other counselors already working with the client.2


37. It is appropriate for private practice counselors who are also employed by an agency to divert agency clients to their private practice as long as the clients give consent.2


Case Study #3Case Study #3Susan

Susan (not the client’s real name) is a thirty-two year old, Hispanic female. She is currently separated. In the past she has worked as a waitress. She completed the eleventh grade. She got in trouble in school, was aggressive to people her own age and deceitful with family and friends. Susan has two sisters and one brother. Her brother has a history of domestic violence. One of her sisters has also been involved in the criminal justice system. Her parents divorced when Susan was nineteen years old. She blames her father’s problems with violence and alcohol abuse. She had her first child when she was twenty and another child by a different boyfriend four years later. Her current crimes involve stealing money from a cash register and new clothing items from her place of employment; as well as stealing and cashing checks from a housecleaning customer, and stealing the wallet from one of her children’s teachers. Susan pretended to have a seizure when arrested for the last incident described above. She blames the drinking and domestic violence of her ex husband and past boyfriend for her behavior. She has been convicted of Forgery (three counts), Criminal Impersonation, Shoplifting (twice), and Conspiracy to Commit Theft. She has repeatedly lied and used aliases and been unable or unwilling to sustain consistent employment and honor her financial obligations. Susan has Antisocial Personality Disorder, and Alcohol Abuse, Cocaine Abuse and Cannabis Abuse diagnoses.


Ethical DilemmaEthical Dilemma#4 Inappropriate Relationships#4 Inappropriate Relationships

Your client (case study #3) is court ordered to do Your client (case study #3) is court ordered to do community service. She is also employed as a community service. She is also employed as a carpet and furniture upholstery cleaner and auto carpet and furniture upholstery cleaner and auto detailer at her current boyfriend’s business. She detailer at her current boyfriend’s business. She would like you to use their services at the program, would like you to use their services at the program, at your home, and/or for you to hand out her at your home, and/or for you to hand out her boyfriend’s company brochures and business cards. boyfriend’s company brochures and business cards.

Do you agree to do any or all of these things? Why or Do you agree to do any or all of these things? Why or why not? why not?

Counselor Relapse/Recovery 38. Counselors must be willing to seek peer

assistance programs for themselves or colleagues when any impairment effects professional performance.3


39. Counselors are obligated to withdraw from the practice of counseling if they have a mental or physical condition that will interfere with maintaining their professional relationships.2


40. Counselors may limit professional responsibilities if they are seeking assistance for their emotional problems and offering the limited services will not harm clients.1


Case Study #4Case Study #4Clinton

Clinton (not the client’s real name) is a twenty-two year old Hispanic male. He is single. His only employment history is doing a variety of jobs that his grandfather paid him for. He stopped going to school in the tenth grade. He is working on his GED currently. He was adjudicated as a juvenile (starting at the age of 14) for Criminal Mischief (twice), Second Degree Burglary, Criminal Conspiracy, Third Degree Assault, and Possession of Marijuana under Eight Ounces. His father moved out of the family home when Clinton was thirteen and even though his mother had custody he lived with his maternal grandmother. Three years later (when Clinton was sixteen), his father was stabbed and killed by the woman he was living with at the time. Clinton also started using marijuana when he was sixteen (about three times a week per self-report). Marijuana continues to be his current drug of choice. As an adult he has been arrested for Making a False Report, Conspiracy, Possession of Drug Paraphernalia, Criminal Mischief and Auto Theft.


Ethical DilemmaEthical Dilemma#5 Counselor Relapse/Recovery#5 Counselor Relapse/Recovery

Your client (case study #4) is a work release inmate. He tells Your client (case study #4) is a work release inmate. He tells you that his current case manager (your coworker) cried you that his current case manager (your coworker) cried during the intake when the client was talking about being a during the intake when the client was talking about being a victim of childhood abuse. He adds that the case manager victim of childhood abuse. He adds that the case manager reportedly said, “I think that all child abusers should be reportedly said, “I think that all child abusers should be killed!” He also says that another work release inmate saw killed!” He also says that another work release inmate saw the case manager “very drunk” at a local sporting event the case manager “very drunk” at a local sporting event recently. You have seen this same coworker cry at team recently. You have seen this same coworker cry at team meetings and observed him or her drinking excessively at meetings and observed him or her drinking excessively at one or more parties after work.one or more parties after work.

What do you do? Why?What do you do? Why?

Scope of Practice 41. Counselors should not accept

employment and start making direct client contact unless they already possess the education, training, experience and credentials required for the position.1 _____True _____False

42. Clinical supervision of counselors requires specialized preparation before performing such duties.1 _____True _____False

43. It is not the responsibility of the counselor to correct others when they misrepresent or misunderstand the counselor’s qualifications or skills.2 _____True _____False

44. It is appropriate for counselors to seek continuing education or training for services or techniques that they would like to provide to clients.2


45. If a client declines suggested referral options from a counselor who determines that he or she is not competent to provide the service, the counselor is obligated to continue the relationship with the client.2


46. Counselors are required to know about referral resources.2


47. Counselors are responsible for ensuring that their supervisees and students are providing clinical services and techniques appropriately.1


48. Counselors do not have to notify clients when they consult with other counselors about the client.2


49. A counselor affiliated with an agency that has purchased the right to administer assessment instruments may automatically assess clients with these tools.2


50. Counselors may only practice within the boundaries of their competence based on their state and/or national counseling credentials.1


Case Study #5Case Study #5Steve

Steve (not the client’s real name) is a thirty-six year old White common law married male with two children who is employed as a union ironworker. He has a third child from a previous relationship as well. He has no contact with that former girlfriend or their young son. He completed the ninth grade and is enrolled in a GED preparation class at this time. He said he “lost interest” in the tenth grade and simply stopped going to school. He has five siblings. His parents were divorced when he was sixteen. His father was an alcoholic and drug addict with a legal history of domestic violence against Steve’s mother, himself and his brothers and sisters. His father died in an alcohol related motor vehicle accident when Steve was twenty-one. As a juvenile, Steve was adjudicated for Second Degree Burglary. Adult arrests are for Second Degree Forgery (two times) Menacing, Theft, Making False Report, Possession of Under One Ounce of Marijuana (five times), Larceny, Disturbing the Peace (four times), Assault (four times), Evasion of Admission Fee, Damage/Deface/Destroy Property (three times), Second Degree Assault, Criminal Mischief, Carrying a Dangerous Weapon, Threat to Injure Person/Property (twice), DUI, Driving under Suspension, Driving under Restraint (two times), No Operators License, Failure to Present Proof of Insurance, Violation of Restraining Order (twice), Disturbance by Use of Phone. He was convicted of Possession with Intent to Distribute Marijuana most recently… In addition to having Alcohol Abuse and Cannabis Dependence diagnoses, and his chronic legal problems, Steve has repeatedly used aliases and different birth dates, repeatedly been involved in assaults, and repeatedly been indifferent to disregarding and violating the rights of others. His only mental health diagnosis is Antisocial Personality Disorder.


Ethical DilemmaEthical Dilemma#6 Scope of Practice#6 Scope of Practice

Your client (case study #5) is a jail inmate. Your client (case study #5) is a jail inmate. You have never worked with someone like You have never worked with someone like this client before (age/sex/race specific this client before (age/sex/race specific issues, type and nature of crimes, severity issues, type and nature of crimes, severity of mental illness/chemical dependency, of mental illness/chemical dependency, etc.). You do not feel qualified to work with etc.). You do not feel qualified to work with him.him.

What do you do? Why?What do you do? Why?

rand kannenberg professional ethics in corrections

Health & Medicine