Moral and Legal Context

Moral and Legal Context : 

Moral and Legal Context Of Diaconal Ministry

Overlapping moral & legal standards : 

Overlapping moral & legal standards Ethical norms Assisting client with moral questions Applying to counselor’s decisions & actions Standards Professional Organizational (Canon Law) Legal

Assisting clients with moral issues : 

Assisting clients with moral issues Hold in tension objective moral norm and person’s capacity for responsibility Best to invite critical reflection rather than take authoritative approach. Help client clarify true values on issue Challenge/confront by appealing to beliefs, analysis of situation and norms of behavior Explore alternative ways of dealing with situation

Guiding counselor’s actions : 

Guiding counselor’s actions Counselor seeks to do greatest good for client and avoid doing any harm. To violate the rights of another is to violate him/her as a person (JPII,Acting Person) Application of principle involves Being honest with counselee Respecting privacy/confidentiality Never take advantage of counselee or information provided by counselee.

Professional Standards : 

Professional Standards American Association of Pastoral Counselors Honesty in presenting qualifications, religious affiliation, financial dealings, and suggesting anticipated outcomes Respectful of client beliefs and values. As well as fellow counselors and caregivers Make referrals as appropriate Confidentiality maintained via secure records, non-release of records without express written permission of client

Organizational Standards : 

Organizational Standards Context of counseling may have standards Denominational rules (Canon Law) Hospital, school, correctional facility, etc. Canon Law Confidentiality (c.220) Freedom from coercion in decision making (c.219) Right of faithful to present spiritual needs and have them met (c.212, 213)

Slide 7: 

Pastoral minister is expected to acquire technical competence for ministry (c.231 §1) Church should provide appropriate remuneration for minister (c.231 §2) Seal of Confession (c.983) applies only in sacramental confession. Confidentiality in this context is inviolable, supercedes any authority to the contrary. Violation is an ecclesiastical crime. Outside confession normal confidentiality applies.

Slide 8: 

Avoid conflicting roles…spiritual director should not have decision making authority over directee (c.984), may compromise confidentiality Avoid inappropriate use of authority (c.1389)

Diocesan Policy : 

Diocesan Policy High ethical standards Professional behavior Hold one another accountable Foster dignity of each person Protect confidentiality

Slide 10: 

Counseling & spiritual direction of youth If licensed or certified counselor or spiritual director, professional standards apply Everyone else… Door to meeting room must be left open/allow for visibility from the outside. Barring emergencies, another adult must be informed of the meeting and be nearby Done in an appropriate setting and at an appropriate time… never in private living quarters.

Child Abuse : 

Child Abuse Recent act or failure to act which causes non-accidental serious physical injury to a child under 18 years of age. …which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age …which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age. Serious physical neglect…prolonged or repeated lack of superfision or failure to provide essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning.

Slide 12: 

Child abuse reporting Mandated reporter in Church context is anyone who deals with children in course of duties in either a professional or voluntary capacity. Priviledged communication for professionals (including clergy) does not apply in the case of child abuse What is to be reported Past or present physical abuse, sexual abuse or neglect of a child, regardless of where occuring.

Slide 13: 

Abuse disclosed directly to mandated reporter must be reported Second-hand reports must be reported if the reporter has “reasonable cause to suspect” that abuse has occurred. Abused child must be under care of/affiliated with organization of mandated reporter Any person may report if there is reasonable cause to suspect that a child is abused. Inform superior, superior is to report to 1-800-932-00313 (abuse hotline) see policy for details inform VG that report has been made. Civil and canonical investigations will follow as appropriate

Legal : 

Legal Overlap with Diocesan & organizational policy Child Abuse reporting Confidentiality (HIPPA as appropriate to context) Civil liability (canon law requirements applicable in determining civil liability)

Practical Applications : 

Practical Applications Avoid even the impression of impropriety Keep those you serve informed Be honest and open about your qualifications or lack thereof Refer as approprite