This research paper discusses the legal and ethical issues involved in providing family, marital and child counseling therapy to a family consisting of the wife, Cynthia, and her 15-year-old daughter, Mary, the husband and stepfather of Mary, George, and his seven-year-old son, Kenny, the interventions or actions the therapist can take to minimize the risks associated with providing such therapy and some of the individual reactions the therapist may encounter. It is assumed that the therapist is a family, marital or child counselor (FMCC) licensed by the State of California to provide such services, including the use of psychotherapy, and that California law applies.
1. Legal and Ethical Issues. These issues fall into two broad categories: (a) representational issues; and (b) confidentiality and privilege issues.
(a) Representational issues. The therapist must first decide whether he or she wishes to undertake representation and provide therapy and to whom. There is no requirement under California law that the therapist undertake the responsibility of treating this family or any of its members. On the facts presented, it may be difficult to treat the members separately without dealing with the inter-related nature of the problems of this family, which appear to include marital relations problems, parenting problems and the symptoms of psychological difficulties of two children. The problems of the children may be in whole or in part the result of the marital conflicts and could even be symptomatic of parental neglect or even child abuse, such as Cynthia's malnourishment and Kenny's bedwetting. Cynthia's problems with her nose could be an indication of drug abuse.
Treatment of the family, the married couple and the individual children may be called for, which is likely to be expensive. George's offer to pay the fees on a discounted basis, is not likely to prove adequate or be acceptable to the therapist. If the therapist d...