Download Pre-Group Ethical/Legal Considerations

Chapter 7:
Group Work: Ethical/Legal
Considerations
Introduction to Group Work, 5th Edition
Edited by David Capuzzi, Douglas R. Gross,
and Mark D. Stauffer
Publications with
Which To Be Familiar
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ACA’s Code of Ethics
ASGW’s Best Practice Guidelines
ASGW’s Principles for DiversityCompetent Group Workers
Ethical guidelines of the following
organizations:
 The American Group Psychotherapy Association
 The National Registry of Certified Group
Psychotherapists
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All the above are available online.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Pre-Group Ethical/Legal
Considerations:
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Determining Competence and Avoiding
Malpractice
 Know whether you have knowledge, skills, and
competencies for type of group you plan to
facilitate.
 Understand how issues of diversity affect group.
 Understand that group members can file a
lawsuit if you do not uphold prevailing standard
of care or if members are harmed, harm
themselves, or injure others. Always consult an
attorney.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Pre-Group Ethical/Legal
Considerations:
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Planning and Recruiting Members
 Goals and purposes
 Needs to be met
 Type of group
 Appropriate techniques and leadership style
 Coleadership and resources
 Evaluation
 Using caution in schools
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Pre-Group Ethical/Legal
Considerations:
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Screening Potential Members
 Recognize that not all clients can benefit from a
group experience.
 Recognize that some can even be harmed by
participation.
 Be prepared to identify such individuals during
the screening process.
 Be prepared to direct them to individual
counseling or other forms of assistance.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Pre-Group Ethical/Legal
Considerations:
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Securing Informed Consent
 Provide a written disclosure statement that
includes the following:
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Information on confidentiality and its limits and
exceptions
Nature, purpose, and goals of the group
Member/facilitator roles
Facilitator’s qualifications
Length, frequency, fees
Disclosures to third-party payers
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Pre-Group Ethical/Legal
Considerations:
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Child and Adolescent Groups
 From a legal perspective, parents or
guardians are the ones who must give
informed consent.
 It is a good practice to have the child or
adolescent sign the consent as well.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Pre-Group Ethical/Legal
Considerations:

Mandated Clients and Involuntary
Groups
 Freedom to withdraw consent is abridged
when withdrawal would place clients in a
seriously compromised legal position.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:
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Confidentiality and Privileged
Communication
 Explain the issues of confidentiality on an
ongoing basis.
 The degree to which privilege applies in a
group varies from state to state.
 Research the law in your state.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:

Child and Adolescent Groups
 Group facilitators working with minors may
have to disclose some information to parents.
 Know the local and state laws.
 It is a very tenuous balance to respect the
rights of parents and maintain the trust of
minor clients.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:

Maintaining Privacy of Records
 Write case notes for group counseling
separately for each individual in the group.
 Information about other group members
should not be included in these files.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:

Mandated Clients and Involuntary
Groups
 Confidentiality cannot be assured because
facilitators are usually required to report to a
third party.
 Have mandated clients sign a waiver of their
privacy rights.
 Explain your obligations to fulfill reporting
requirements.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:

Managing Boundaries
 There is no single correct answer regarding
where therapeutic boundaries should be
drawn.
 Read the boundary issue chapter in the third
edition of Remley and Herlihy’s Legal,
Ethical, and Professional Issues in
Counseling.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:

Bartering
 Bartering arrangements, both for services
and goods, can be problematic for group
counselors.
 Although the ACA’s Code of Ethics does not
explicitly prohibit bartering arrangements, it
does provide guidelines to help you
determine whether a potential bartering
arrangement might be acceptable.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:

Social Relationships with Clients and
Former Clients as Group Members
 Group facilitators are discouraged from
developing friendships with group members
and from admitting friends into their groups.
 Problems can arise when groups are
comprised of some members who had been
in individual counseling with the leader and
some who had not. Members who do not
already know leader could feel jealous.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:
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Socializing among Members and SelfDisclosure
 The issue of socializing among group
members is complicated because the
facilitator has limited control of interactions
that occur outside the group.
 Facilitator self-disclosure should be done for
the benefit of the group rather than for the
benefit of the facilitator. It should be limited.
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:
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Minimizing Risks
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Informed consent
Impact of behavioral changes
Scapegoating
Confrontation
Undue pressure
Physical injury
Physical touching
Close peers or work associates
Vulnerable members
Facilitator bias and values
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer
Process Issues:
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Other Issues to Consider
 Practicing with sensitivity to diversity
 Premature withdrawal from the group
 Terminating and follow-up
Introduction to Group Work, 5th Edition Edited by: David Capuzzi, Douglas R. Gross, and Mark. D. Stauffer