Theory and Practice of Couples and Family Counseling. James Robert Bitter
2: Identify potential issues involved. Do the parents know the potential legal consequences of their actions? Equally important, do you know the potential legal consequences of your actions as a family counselor or therapist? What legal responsibility do you have for any harm that befalls the child? Legally speaking, are there any other stakeholders? What about grandparents? The state is a stakeholder because it is acting on behalf of the child. What legal duty do you have as a family practitioner to the state?The principles of autonomy, beneficence, nonmaleficence, justice, fidelity, and veracity all seem pertinent here. Obviously, autonomy is very pertinent, as it relates to the principle of beneficence and the duties imposed by mandatory reporting laws in various states. Nonmaleficence is a primary concern in relation to the child. Justice is also a concern: What is fair and to whom? If fairness implies affirming that both parents have an equal say in the medical decision, does the child have a say? Would that not be fair? What actions might you take that demonstrate fairness in relation to the state’s interest? Who is involved in these discussions? In regard to fidelity, you have duties to both the parents and the child. As a licensed family practitioner, you would also have duties to the state. Feeling stretched in multiple directions yet? Veracity would require that you provide informed consent that spells out the relationships among the various constituents whom you must serve, including the family; its individual members, especially the child; and the state.
3 Step 3: Review ethical guidelines of profession. As we noted much earlier, ethics codes and standards of practice often contain conflicting guidelines and little that might help to resolve such a case easily. Family practitioners must respect the dignity and promote the welfare of the family; maintain cultural sensitivity, confidentiality, and privacy while respecting differing views on disclosing information; and uphold the professional laws of the state. In the end, it comes down to a very complex question: How does the family practitioner work with the family, demonstrate sensitivity for the family’s perspective, and decide what constitutes the family’s welfare?
4 Step 4: Know the applicable laws. From a legal standpoint, which again depends specifically on various state laws, the parents’ withholding of medical care for a life-threatening condition can be viewed as child neglect. If the child were to die, child abuse leading to death would most likely lead to a legal indictment. For the purpose of this example, let us make this step easy: The laws of your state define the parents’ religious beliefs as harmful to the child and therefore require you as the family practitioner to report the parental position as intentional child abuse.
5 Step 5: Obtain consultation. This step is by far the easiest and most often followed step by students engaged in family practice. It is also the first step to go once a person is working full time in private practice or in agencies. Failure to seek consultation will almost always have negative results if an ethical decision is ever challenged within a professional association or in a court of law. Obtaining consultation can provide an opportunity to get feedback and recommendations regarding your decision-making process. The more uncomfortable you are in sharing your decision-making process in consultation, the more likely you are to be taking actions that you already know are not in your client’s best interest. It is often useful to seek out consultation from professionals who will provide a different frame of reference from your own. Legal consultation is vital for any family counselor when considering the aforementioned case.
6 Step 6: Consider possible courses of action. In this step, creative thinking is necessary. This is the time for reflective processes. You want to take enough time to complete this step with the confidence that you have explored solutions from many angles. Your solutions should also address the actions of all the people involved in a solution.You decide to tell the parents that your primary obligation is to their 14-year-old child because of the state’s interest in protecting children. You provide them with the option of either taking their child to a doctor or preparing to have the state remove their child from the home because you are required by law to call the child protection agency to advise them of the parents’ decision to avoid medical intervention. Your actions and words are firm and deliberate but friendly. What are your reactions to such a course of action? To what principles are you paying primary attention? Whose interests have been protected?Another option is to remain loyal to your clients’ religious beliefs. You understand the legal requirements placed on you and the legal context in which the family is embedded. Autonomy and cultural sensitivity inform your ethical reasoning; although the results of such actions may lead to harm for the child, you believe that promoting the family’s welfare is best served by promoting its autonomy. The idea that not all laws are ethical is central to your reasoning. In addition, you believe that the laws of the state are secondary to the larger laws set forth by the family’s religious higher power. Although this may not be what the majority of family practitioners would do in a similar situation, you believe that at times civil disobedience truly provides the best ethical action.What other ethical stances are possible, and what principles support these stances?
7 Step 7: Enumerate possible consequences of the various options. For the first option above, the child would probably receive the medical care indicated. The parents might be placed on probation and mandated to a parenting program, after which they might regain custody of their child. The parents themselves might be bitter and even more distrustful of both the government and family counseling or therapy. There is very little chance that they will ever consider therapeutic interventions of any kind again. Imagine this case for a moment. Given today’s world, the media will already have attended to this story, and thousands will now know your actions. These thousands will now take in this event and connect it to their attitudes toward the helping professions. Should an awareness of the public nature of your decision factor into your decision-making process?The second option above will invariably lead the parents to respect your ability to honor the family’s right to make decisions regarding their child. It is still uncertain as to whether your actions will lead to further involvement with the authorities—either for the parents or for you. It is quite likely that the child’s condition will worsen and may lead to death. How will you feel about your decision then? This action too will catch the attention of the public. How might the public view family practitioners if you pursue this option?
8 Step 8: Choose what appears to be the best course of action. Hopefully you see the two options described here as only two of many more options that might be available. The very application of this model based solely on principle ethics demonstrates how often no-win possibilities occur. Let us see if virtue ethics adds anything to our considerations.
A Virtue Ethics Model
Most professional codes are based on principle ethics. Except for a few aspirational statements in some codes, there is very little in the documents themselves that pertains to virtue ethics. As we have noted before, virtue ethics requires the professional to look inward and make space for a self-reflective process. Attending to oneself in ethical decision-making opens the door for the emotional experiences of empathy and compassion. Cohen and Cohen (1999) viewed the role of emotion in decision-making as a legitimate component of a “morally good motive” and noted that “moral action is no mere affair of rules but is instead infused with emotion, human relatedness, and sensitivity to the nuances of individual context” (p. 24). A decision-making process based on virtue ethics would include many of the following questions:
What is my gut telling me about the family’s situation?
If I were in the parents’ shoes, what might I feel or want to do? How would I answer the same question for the child, extended family members, family friends, or the community?
How important is my own spiritual or religious value system to me, and how hard might I fight to have it respected? Does this tell me anything about what the family is experiencing? How open am I to accepting that my view of the right choice might be different from the view of the right choice held by various family members?
How open am I to accepting that my view might be different from the state’s view? Am I willing to be courageous and stand up for my view or for the clients’ views if they are different from what the law requires?
Do I agree with what the codes suggest I do in this situation? Do the codes help me to be the preferred family practitioner I want to be?