Title

Legal and Ethical Implications of Working with Minors in Alabama: Consent and Confidentiality

Document Type

Article

Publication Date

Spring 2010

Publication Title

Alabama Counseling Association Journal

Volume

Volume 35

Issue

Number 2

First Page

28

Last Page

34

Abstract

Until recently, there has been little guidance in the professional literature with respect to counseling minors outside of the school setting. Although most authors suggest referring to state statutes for legal limits of counseling practice, little research exists describing these requirements in Alabama. The purpose of this literature and statutory review is to increase school and mental health counselors' awareness of accepted practice and the possible legal limitations of working with minors in the State of Alabama. Ethics refers to decisions of a moral nature about people and their interaction in society (Kitchener, 1986). Needs to be added to the references. Law refers to legal standards for behavior developed by legislators and interpreted by judges (Remley, Hermann, & Huey, 2003). Needs to be added to the references. As most counselors know, sometimes the distinctions between these two, as well as their relationship to each other, are ambiguous. Until recently, there has been little guidance in the professional literature with respect to counseling minors outside of the school setting. Lawrence and Kurpius (2000) found little research or professional literature concerning appropriate legal and ethical procedures for service provision to minors in the community agency setting. In fact, their exploration of the "Journal of Counseling and Development" between 1995 and 2000 failed to discover any articles on this subject. A subsequent search of available databases for relevant articles from 2000 to 2008 produced similar results. The purpose of this literature and statutory review is to increase school and mental health counselors' awareness of accepted practice within the profession and the possible legal limitations of working with minors in the State of Alabama.

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