Preview

Mn Counseling Laws

Good Essays
Open Document
Open Document
825 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Mn Counseling Laws
Synopsis of Minnesota State Laws in
Reference to the Case of Sherry
Sarah Penheiter
Capella University

Abstract
The case of Sherry requires a review and analysis of Minnesota laws regarding mandatory reporting, drug offenses, and child neglect. Based on the synthesis of information from several statutes the author asserts that the case does require a report be filed with state child welfare agencies.

Determining responsibility to report under the law is a complex action that requires the analysis of several different sections of relevant law. Not only must the laws regarding mandatory reporting be analyzed, the specific nuances of this case must be examined. Specifically, I will need to address three separate issues. First, it must be determined if a Licensed Professional Clinical Counselor a mandatory reporter. Second, Sherry’s use of marijuana must be examined to determine if it does constitute child abuse or neglect. Finally, Sherry is selling an illegal substance and this may in and of itself require a welfare report. Minnesota law requires that any professional practicing the healing arts, working in education, providing psychological treatment or working in social service file a report with state child welfare agencies or local law enforcement if they suspect that a minor child is being mistreated (Reporting of Maltreatment of Minors, 2011). The question that arises here is if a Licensed Professional Clinical Counselor (LPCC) is considered to be practicing the healing arts or providing psychological treatment. In Minnesota only licensed psychologists can provide any service described as psychological (Presentation to Public, 2011). However, any person engaged in providing any legal method of treatment, diagnosis, or correction of any illness or aliment of the human condition is considered to be practicing the healing arts (Definition; Practicing Healing and Practice of Healing, 2011). Under this statute, I would consider the



References: Definition; Practicing Healing and Practice of Healing, 2011 Min. Stat. § 146.01 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=146.01. Neglect of Endangerment of a Child, 2011 Min. Stat. § 609.378 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=609.378. Presentation to Public, 2011 Min. Stat. § 148.96 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=148.96. Reporting of Maltreatment of Minors, 2011 Min. Stat. §626.556 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=626.556. Schedules of Controlled Substances, 2011 Min. Stat. § 152.02 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=152.02.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    EREPORT # 18920 stated the following: Jessie Graham is in the 20th Circuit court district drug court program on probation for a felony possession charge. Jessie Graham tested positive for the following: 1/19/16 tested positive for THC 1/25/16 tested positive for meth. Jessie has a infant son by the name of Carson that is in her custody. She also has a daughter that is supposed to be in the custody of the grandmother but we believe the daughter is living with Jessie. We know that the infant son Carson has been taken to UMC emergency room several times and may have even been admitted as a patient at one time. We have concerns for the children that Jessie Graham is taking care of while testing positive for illegal drugs. Jessie Graham reports…

    • 262 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    UCM:CPSW received a phone call from Daniel Baker's father. He called and stated that his son and his girlfriend including Lillian are living with them (1355 Game Farm Circle, Minnetrista, MN 55364) He stated his concerns regarding his grand daughter. He also reported if things are not getting ok at their end they are willing to apply for foster parent license. CPSW told Mr. Baker that the case is private and this worker cannot share any information regarding Ms. Zoie and Ms. Baker. He also reported communication conflict between Zoie and Mr. Todd and his wife Ms. Christy Baker. Mr. Todd mentioned that he will be taking a hair folical from his son Daniel and Zoie very soon. He also, reported that he will encourage them to continue with sobriety…

    • 160 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Nicole Wilson has maintained familiarity with most of DHSS administrative policies, procedures and applicable rules and regulations throughout the year of 2016. Nicole has exceeded many of the established objectives for this job component. Throughout the year Nicole has demonstrated the importance of identifying eligible adults, determine risk during the investigation, formulate an investigative strategy, and identify needed interventions. Nicole has exceeded the objectives of adhering to eligibility requirements and time frames regarding hotline reports. Nicole has consulted with the supervisor regarding policies and procedures when unsure how to administer. Throughout the year Nicole has demonstrated knowledge of statutes, rules, and regulations as it relates to abuse, neglect, and exploitation and basic knowledge of home and community base services. Case specific Nicole was investigating a case in which the RA was being verbally and physically abused by her daughter who resided with the RA. Nicole was able to get other family members…

    • 723 Words
    • 3 Pages
    Good Essays
  • Good Essays

    EREPORT # 19106 stated the following: Leigh Ann Mathis has 4 Children she has lost custody of all of them. She is not allowed contact with Preston. I know this because the Nurses at the Hospital told her to leave or they would call Police. She is now living with Kyle and Preston. She was seen with Kyle and Preston at Christmas. Kyle just had his leg amputated. He is no way is capable of taking care of himself much less an 18 month old. Between the hospital and Home. Kyle lost a pill bottle of 84 pain pills. Leigh is known for Substance Abuse. So now this baby is in the hands of a Dope head and an Amputee who are both now using. Leigh Ann Mathis is not to have contact with this child Per DHS, and she is now living with the Child. Kyle and his soon to be X-wife have custody or have had Preston for over a year. Kyle's wife has left she is no longer in the picture. Kyle just had his leg amputated this past week. He is in no way capable of taking care of himself, and is on narcotics for pain. Leigh Ann Mathis is a known user, and she is now…

    • 465 Words
    • 2 Pages
    Good Essays
  • Good Essays

    On 3/13/17, Hennepin County Child Protection accepted a report of alleged physical abuse and domestic violence impacting Sebastian Tavarez and Abigail Tavarez by mother, partner John Lebron Jr. Per reporter Ms. Tavarez had asked Mr. Lebron about him kissing his estranged wife whom he is separated from. Per reporter, the children were all present Abigail, Sebastian and Mr. Leborn's daughter Madison Lebron. Per reporter Mr. Lebron smacked Ms. Tavarez in her face and then walked into the hallway and Mr. Lebron put his hand over Ms. Tavarez's mouth while pinning her against the wall and as he did this he smashed her head against the wall. Per reporter, he pushed Ms. Tavarez into Sebastian's room onto the…

    • 1529 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    The Department received a report with concerns due to the child waiting outside for 50 minutes and no one answered the door. The worker made contact with the child and interviewed her privately to discuss the situation. The child advised the worker this is the first time she was unable to get inside of her house. The worker discussed the situation with Ms. Hopkins. She advised the worker she recently developed a cold and took over-the-counter medication which made her drowsy. Ms. Hopkins was very corporative with the department by providing proof about her ankle sprain and showing the worker the medication she was taking for the cold. This investigation will be marked “NOT INDICATED” for Neglect: Inadequate Supervision due to insufficient evidence…

    • 150 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Ethical Vigette

    • 1224 Words
    • 5 Pages

    Video presentation “Legal and Ethical Issues for Mental Health Professionals, Vol. 1: Confidentiality, Privilege, Reporting, and Duty to Warn,” (2010) explores true facts of various cases pertaining to abuse, some which are Supreme Court cases that dealt with mandating laws which require the duty to warn and report abuse and/or harm to the client within the counseling relationship. Conversations amongst a Supreme Court Justice leader, a clerk, and a legal assistant discuss and debate duties to report child abuse and terms of reasonable cause. Legal cases such as Tarasoff v. Board of Regents of the University of California are discussed in favor to laws that require the duty to warm when harm is clear and intended by a client. However, everything that is said or communicated by…

    • 1224 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Counseling Case

    • 680 Words
    • 3 Pages

    While, addressing how alcoholism possibly affects Janet’s major depression in her counseling sessions seems to fall within the professional counselor’s scope of practice, the direct treatment of alcoholism does not. According to state statutes, the treatment of chemical dependency is done by a licensed professional other than the professional counselor, who specializes in such training. For the professional counselor to do so would be to practice outside the scope of…

    • 680 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Children Act: The Children’s Act came in to force in 1989 and was drafted complement the Human Rights Act but be specific to children. The act puts into law the rights of children, in particular it makes it clear on the laws concerning looked after children and our duty of care to them. Section 11 of the Children Act 2004- promoting the welfare of children was published in August 2005. In a school setting we have a duty of care to all the children and must ensure that we comply with all the sections of the children act that are relevant to an educational setting.…

    • 2361 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    Competency Statement Vi

    • 1660 Words
    • 7 Pages

    Those who fail to report according to individual state child care licensing regulations can be held accountable under the law. The law prohibits interference with an individual’s attempt to report child abuse or neglect.…

    • 1660 Words
    • 7 Pages
    Satisfactory Essays
  • Good Essays

    The clients still agree to share information even if they fully understand the reporting laws. Remind the client o what they have sighed. Some illegal behaviors that may pose harm to themselves and to others should be reported. In such cases, the legal and ethical concerns are consistent, and reporting feels like the right thing to do. Regardless this counselor’s comments to his client about the areas that the counselor can’t hold confidential, it’s important for the counselor to be specific about the kinds of criminal activities, or the potential harm must be reported.…

    • 1454 Words
    • 6 Pages
    Good Essays
  • Best Essays

    The proper aims of law have been debated and tested through legislation and case law from the early start of America. Although it is clear that common good for society as a whole should be a prime consideration in creating and implementing law, the specifics of why laws are made are still being debated today. Three influential philosophers, John Stuart Mills, Gerald Dworkin and Devlin have brought great insight into the proper aims of law. John Mills presented the argument that “acts that directly diminish another’s well being… failure to perform identifiable obligations one may have to others… [and] failure to perform one’s share of what is required for a decent common life in society” (Murphy, 2007, pp. 83, 84). Gerald Dworkin proposed “legal restriction… to protect or promote the subject’s good” (Murphy, 2007, pp. 94-95). Devlin believed in the importance of morals in the “interest in the preservation of society” (Murphy, 2007, p.101). All of these philosophers brought perspectives that have aspects of validity and are still applied today. In controversial issues such as statutory rape among consenting teens, abortion, capital punishment, assisted suicide and mandatory car insurance, the debate over which aim is right and proper still rests on which philosophical aim of law is applied. As society advances and values change, so will the debates over which aim is best for each issue, though it is clear that a complete depiction of the proper aims of law involve a combination of all theories. This is an excellent opening paragraph! You stated the purpose of the paper and focused on the philosophers in Chapter 3 and the issues you have selected to address. Well done!…

    • 2566 Words
    • 11 Pages
    Best Essays
  • Good Essays

    Mandatory Reporting

    • 983 Words
    • 4 Pages

    Mandated reporters are individuals required by law to report suspected child abuse or neglect. These individuals are not investigators and therefore responsibility for proving whether abuse or neglect is actually taking place resides in special governmental organizations established for that specific reason. According to a report by the Office of the Auditor General (2015), Arizona has exceeded the national average of child abuse or neglect reports in federal fiscal years 2011 through 2013, a steady increase that is attributed to changes in legislature that expands the definitions of abuse and neglect. The expansive definition of abuse or neglect increases awareness levels to the susceptibility of abuse and how it may manifest itself in behavioral…

    • 983 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Confidentiality and Minors

    • 2585 Words
    • 11 Pages

    According to the Ethical Standards for School Counselors and the Code of Ethics and Standards for Counseling (2010), both specify that counselors are ethically required to take appropriate action and breach confidentiality in certain circumstances involving minors. Counselors are required to breach confidentiality if there is imminent danger to self and others, if there is suspected child abuse or neglect or to protect a vulnerable client from danger. There are other limitations to confidentiality and minors as well. Some of these limitations involve parents and their right to know what is happening in counseling sessions between the therapist and their child. This problem is one that schools counselors and clinical therapists must face when counseling minors. Counselors in both clinical and school settings are faced with ethical issues with regards to confidentiality each time they encounter a client that is a minor.…

    • 2585 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    The Insanity Defense

    • 970 Words
    • 4 Pages

    Clinical psychologists play an important role in legal proceedings. The clinicians are able to submit any records that reports medical history, child abuse history, or substance abuse. Clinicians may provide services to either the court or defendant; can either testify on the behalf of or against a client in the court of law. Clinical psychologists are also helpful when determining sentence; expert may suggest treatment plans, hospitalization, or outpatient programs that will allow the individual to adjust to…

    • 970 Words
    • 4 Pages
    Good Essays