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Clinical Supervision Report: Ethical Decision-Making Process in a Duty to Warn Case

Michelle Briggs
Walden University
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Clinical Supervision Report: Ethical Decision-Making Process in a Duty to Warn Case

 The purpose of this report is to document the moral principle of Beneficence, the counselor’s
responsibility to contribute to the welfare of the client, including to be proactive, do good, and
prevent harm when possible (Forester-Miller & Davis 2016).

Identify the Problem

 The main problem in this case is that the patient Gad Joseph made a verbal threat against his ex-
girlfriend, Theresa Hausler. Joseph later retracted and indicated that he wouldn’t hurt her, she
was later found dead. The problem is that it could have been prevented if different actions were
taken.

Apply Ethical Codes and State Laws

 ACA code of ethics states that counselors are to keep information that is given to them in
private unless consent it given. This code also indicates that the information can only be
disclosed if there is imminent danger to the client or others, unless stated by law (ACA,
2014).
 Ethical code B.2.e, minimal disclosure, states that a client is informed when information is
going to be disclosed (ACA, 2014). Essential information may be disclosed after being
discussed with a client.
 The state of Texas a mental health professional does not have the duty to warn a third part of
potential danger (Felthous & Scarano, 1999). The MHP may contact law enforcement, for
there is no law against them from doing so.

Determine the Nature and Dimensions of the Dilemma

 The primary principle that will be used in the case is the principle of beneficence. The focus
of this principle is to do good, be protective, and to prevent harm, if possible (Forester-Miller
& Davis, 2016). In this case it is my responsibility to ensure that there is no harm done to
anyone, and I will do what it takes to ensure that no harm is caused to anyone.
 The next principle that I will apply is justice, justice is treating people equally, and must be
fair to all concerned (Remley & Herlihy, 2020). If I wasn’t a counselor, I would still use the
information that I was given to ensure that justice is had by informing the right people to
ensure that no one is hurt and if someone does get hurt to report who made the initial threat.

Generate a Potential Course of Action

 A course of action that I would have taken would have been to get another colleague and
address the situation with Mr. Joseph as a team. Provided care by listening to him and help
him understand the consequences if he were to follow through with the action.
 Another course of action would be to offer hospitalization. It is apparent that Mr. Joseph is a
threat to society, and he needs additional care that is beyond what I could do for him.
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 Another course of action that could have been taken would be to call the proper authorities
and stop Theresa from going there alone.

Diversity and Inclusion Considerations

 One diversity consideration from the client’s perspective would be the stigma of mental
illness and he can never be “normal.” He has outwardly expressed anger, and one would say
that his sessions are not working.
 One diversity consideration from my perspective would be values conflicts. Many would
argue that the client is going to do what he/she wants and there is nothing I can do, well I
would not let the client leave the office. If it meant that I saved someone, or at least allowed
the potential victim a chance, then I would stop at nothing to ensure that nothing happens.
 I could advocate for the client indicating that mental health affects individuals in different
ways. At the same time advocating for myself and ensuring that I protect those of society.
 A social barrier that would interfere with the duty to warn would be the confidentiality factor
between client the counselor. Socially people would not trust counselors, but at the same time
hopefully people would recognize the severity of why I did my duty to warn, for the
protection of society.

Consider Consequences and Determine a Course of Action

 The consequence of including another colleague would be making the client angrier,
somewhat adding fuel to the fire. By making him angrier it could cause him to harm other
people. Or a positive consequence would be that he would understand the negative to his
actions, and he wouldn’t cause any harm.
 The consequence of option two would be getting him additional help, and outlining why he
wants to cause harm to his ex-girlfriend. By using hospitalization, he will be able to get
additional therapy and more positive coping skills.
 The consequences of the third option would be that Theresa would have protection when
retrieving her items, and she would be able to go back live her life and no harm would be
done.

Evaluate the Selected Course of Action

 The course of action that I would take would be action number 2. I want the client to receive
the help he needs. My heart does not allow for hatred, or others wanting to cause harm to
others, and allows for society to be safe. My dilemma is that I want both parties to be safe.
Theresa has a right to gather her belongings and move on with her life, and Mr. Joseph has
the right to receive the care he needs to continue living a happy regular life.

Implement the Course of Action

 The course of action would allow me to uphold my duty to protect others all the while
continuing the confidentiality of the client. The client in this case would be my priority, to
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receive the help needed, and to not allow him to create more negativity or stigma, that
mentally ill people are dangerous.
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References
American Counseling Association (ACA). (2014). 2014 ACA Code of Ethics Links to an external
site.. Alexandria, VA: Author. Retrieved from https://www.counseling.org/resources/aca-code-
of-ethics.pdf

Felthous, A. R., & Scarano, V. R. (1999). Tarasoff in Texas. Texas medicine, 95(3), 72–78.

Forester-Miller, H., & Davis, T. E. (2016). Practitioner’s guide to ethical decision making Links
to an external site. (Rev. ed.). Retrieved from
https://www.counseling.org/docs/ethics/practitioners_guide.pdf?sfvrsn=2

Remley, T. P., & Herlihy, B. (2020). Ethical, legal, and professional issues in counseling (6th
ed.). Upper Saddle River, NJ: Pearson.