Guidelines for Confidentiality

The issue of confidentiality is involved in every counseling interaction. Informing students prior to beginning the counselor/student relationship that there are possible limitations that may affect the relationship is very important. Counselors must know their limitations and not act beyond the bounds of their professional qualifications, but refer students to community resources when appropriate. Counselors must inform students of the purposes, goals, techniques, procedures, etc., prior to entering into the relationship.

Child abuse, suicidal ideation, and threats to harm another person must be disclosed to the proper authorities. In Texas, counselors are not obligated to warn another party of a threat; however, we should inform the building principal so that he/she can act upon this information. The following guidelines in regard to confidentiality should prove helpful:

1. When the counselor feels it is necessary to share information with parents of older students, the counselor should work with the student to talk with his/her family with his/her assistance.

2. In the case of pregnancy disclosure, counselors should do their best to have the young woman discuss the pregnancy with parents including offering to have parent come to the counselor’s office for a three or four way discussion. If by 48 hours the parent is not made aware of the situation, the counselor or school personnel must initiate discussion with the parent. Counselors should verify with parents that they have been informed.

3. Chapter 26 of TEC is essentially a parent’s rights chapter in school law which holds that the parent has the right to full information concerning students.

4. Informal discussion of case material, as opposed to a consultation, with persons not directly involved is a breach of confidentiality. Case material may be discussed with another professional when the focus of the discussion is on helping the student. Counselors who feel the need to “vent their feelings” should center the discussion on themselves, keeping the identity of the student private.

5. In instances in which the counselor is not sure of actions to be taken, consultations with other professionals must be used where possible. Other professionals include, but are not limited to, student’s support team, other professional school counselors, school administrators and members of the district’s legal staff.

In summary, the counselor-student relationship is private and requires compliance with confidentiality standards. School counselors, however, work with minors and their legal responsibility is generally to the parents, whereas their ethical responsibility may be more to the student. Applying ethical standards to practical situations is difficult because the students are minors in most cases. Moreover, there exists an ethical-legal responsibility to the school district. It is recommended that students should have as much control as possible over the release of information that results from their choosing to engage the counseling process. Counselors must become familiar with local, state, and federal laws as well as following the professional guidelines for their code of ethics.