ARKANSAS JURISPRUDENCE COUNSELING
EVALUATION TEST QUESTIONS AND ANSWERS
RATED A+
✔✔Ethical Standards and Confidentiality - ✔✔• Only specific ethical issue to which an
entire section of the ACA Code of Ethics (2005) is devoted.
• "Counselors recognize that trust is a cornerstone of the counseling relationship." (Intro
to Standard B).
• When client requests information be disclosed, counselor should honor their requests.
• If counselor believes release of material would be detrimental to clients best interest,
this should be discussed with the client. Ultimate decision belongs to the client.
Confidentiality belongs to the client.
• Records are kept for the benefit of the client, and counselors are obligated to provide
clients with access to their records, unless the records contain information that may be
misleading or harmful to the client (Standard B.6.d). HIPAA, federal statue, requires
clients be given access to their counseling records.
• Confidentiality is not absolute. Times when confidentiality must be breached.
Counselors must inform clients at the outset that there are limitations to their
confidentiality.
✔✔Privileged Communication - ✔✔• Fourth Amendment: guaranteed to all citizens;
prohibits government searches without warrants.
• Privacy right is not absolute.
• Interest of society outweigh individual rights to privacy, privacy rights compromised in
interest of preserving a stable societal structure.
• *Basically means a judge cannot order information that has been recognized by law as
privileged to be revealed in court.
• Withholding evidence is antagonistic to entire system of justice.
• Legal procedures demand all evidence relevant to a case be presented to a judge or
jury.
• Discovery: opposing side in a court case have access to evidence before a trial takes
place.
, • As a counselor, you will want to guarantee that the information that clients give you will
be kept confidential.
• Idea that information and secrets revealed in a counseling session might someday be
disclosed in court is very unsettling. How does this make you feel?
✔✔Jaffee vs. Redmond (1996) - ✔✔• U.S. Supreme Court ruled:
• Communications between licensed psychotherapists and their clients are privileged
and therefore protected from forced disclosure in cases arising under federal law.
• 7 - 2 decision in this case represented a victory for mental health organizations
because it extended the confidentiality privilege.
• The Supreme Court upheld the appellate courts decision, clarifying for all FEDERAL
COURT CASES, both civil and criminal, the existence of the privilege
• privileged communication
• Supreme Court Ruling
• "effective psychotherapy depends upon a atmosphere of confidence and trust in which
the patient is willing to make frank and complete disclosure of facts, emotions,
memories, and fears."
• High court's ruling recognizes the societal value of psychotherapy and the importance
of confidentiality to successful treatment
✔✔Rationale for Privileged Communication - ✔✔• Revelation of embarrassing,
sensitive, secrets, clients must be assured that the content of their counseling sessions
will not be revealed without their permission.
• Counselor-client privilege of some type existed in 44 of 45 states that licensed
counselors in 2000 (Glosoff, herlihy, & Spence, 2000).
• Psychologist-client privilege statues existed in all 50 states.
• INVESTIGATE THE STATUES OF THE STATE IN WHICH YOU PRACTICE TO
DETERMINE WHETHER YOUR INTERACTIONS WITH CLIENTS ENJOY PRIVILEGE.
• If your state does not offer statutory privilege, inform your clients that you will keep
confidential the content of your counseling sessions with them, but one of the
exceptions would be if a judge orders you to disclose information.
✔✔Responding to Subpoenas - ✔✔• Subpoena: legal document that might require a
counselor to give a written response to a written list of questions, produce copies of
records, appear for a deposition, court hearing, or trial; or appear and bring records with
them.
• If not responded to appropriately counselor can be held in contempt of court and fined
or jailed until they comply.
• Legal advice should be obtained before responding to a subpoena.
• Attorneys could ask attorney to withdraw it, file a motion to quash the subpoena, or
advise you to comply with the subpoena.
• Follow attorneys advice.
• Appearing at trial or deposition: ask attorney to prepare you for what to expect and
advise you how to conduct yourself.
• Have attorney go with you so you can be given advice throughout the whole
proceeding.
EVALUATION TEST QUESTIONS AND ANSWERS
RATED A+
✔✔Ethical Standards and Confidentiality - ✔✔• Only specific ethical issue to which an
entire section of the ACA Code of Ethics (2005) is devoted.
• "Counselors recognize that trust is a cornerstone of the counseling relationship." (Intro
to Standard B).
• When client requests information be disclosed, counselor should honor their requests.
• If counselor believes release of material would be detrimental to clients best interest,
this should be discussed with the client. Ultimate decision belongs to the client.
Confidentiality belongs to the client.
• Records are kept for the benefit of the client, and counselors are obligated to provide
clients with access to their records, unless the records contain information that may be
misleading or harmful to the client (Standard B.6.d). HIPAA, federal statue, requires
clients be given access to their counseling records.
• Confidentiality is not absolute. Times when confidentiality must be breached.
Counselors must inform clients at the outset that there are limitations to their
confidentiality.
✔✔Privileged Communication - ✔✔• Fourth Amendment: guaranteed to all citizens;
prohibits government searches without warrants.
• Privacy right is not absolute.
• Interest of society outweigh individual rights to privacy, privacy rights compromised in
interest of preserving a stable societal structure.
• *Basically means a judge cannot order information that has been recognized by law as
privileged to be revealed in court.
• Withholding evidence is antagonistic to entire system of justice.
• Legal procedures demand all evidence relevant to a case be presented to a judge or
jury.
• Discovery: opposing side in a court case have access to evidence before a trial takes
place.
, • As a counselor, you will want to guarantee that the information that clients give you will
be kept confidential.
• Idea that information and secrets revealed in a counseling session might someday be
disclosed in court is very unsettling. How does this make you feel?
✔✔Jaffee vs. Redmond (1996) - ✔✔• U.S. Supreme Court ruled:
• Communications between licensed psychotherapists and their clients are privileged
and therefore protected from forced disclosure in cases arising under federal law.
• 7 - 2 decision in this case represented a victory for mental health organizations
because it extended the confidentiality privilege.
• The Supreme Court upheld the appellate courts decision, clarifying for all FEDERAL
COURT CASES, both civil and criminal, the existence of the privilege
• privileged communication
• Supreme Court Ruling
• "effective psychotherapy depends upon a atmosphere of confidence and trust in which
the patient is willing to make frank and complete disclosure of facts, emotions,
memories, and fears."
• High court's ruling recognizes the societal value of psychotherapy and the importance
of confidentiality to successful treatment
✔✔Rationale for Privileged Communication - ✔✔• Revelation of embarrassing,
sensitive, secrets, clients must be assured that the content of their counseling sessions
will not be revealed without their permission.
• Counselor-client privilege of some type existed in 44 of 45 states that licensed
counselors in 2000 (Glosoff, herlihy, & Spence, 2000).
• Psychologist-client privilege statues existed in all 50 states.
• INVESTIGATE THE STATUES OF THE STATE IN WHICH YOU PRACTICE TO
DETERMINE WHETHER YOUR INTERACTIONS WITH CLIENTS ENJOY PRIVILEGE.
• If your state does not offer statutory privilege, inform your clients that you will keep
confidential the content of your counseling sessions with them, but one of the
exceptions would be if a judge orders you to disclose information.
✔✔Responding to Subpoenas - ✔✔• Subpoena: legal document that might require a
counselor to give a written response to a written list of questions, produce copies of
records, appear for a deposition, court hearing, or trial; or appear and bring records with
them.
• If not responded to appropriately counselor can be held in contempt of court and fined
or jailed until they comply.
• Legal advice should be obtained before responding to a subpoena.
• Attorneys could ask attorney to withdraw it, file a motion to quash the subpoena, or
advise you to comply with the subpoena.
• Follow attorneys advice.
• Appearing at trial or deposition: ask attorney to prepare you for what to expect and
advise you how to conduct yourself.
• Have attorney go with you so you can be given advice throughout the whole
proceeding.
