Law and Ethics Practice Exam

Under what circumstance is a counselor required to breach confidentiality regarding child abuse?

1. When the child is over 18

2. When emotional damage is likely

3. When the child is under 18

4. When there is a risk of legal action

The correct answer is: When the child is under 18

A counselor is required to breach confidentiality regarding child abuse when the child is under 18. This legal obligation stems from the counselor's responsibility to protect the welfare of minors. Most jurisdictions mandate reporting suspected child abuse or neglect to appropriate authorities, such as child protective services. This requirement is rooted in the understanding that children are vulnerable and need special protection, and failing to report can perpetuate harm and keep a child in a potentially dangerous situation. In this context, confidentiality cannot be maintained if the counselor discovers that a child who is not yet of legal age is being abused. This legal and ethical obligation prioritizes the safety and well-being of the child above the standard confidentiality that exists in most counseling scenarios. Factors such as the child being over 18, emotional damage being likely, or the risk of legal action may be relevant in other situations of counseling but do not override the specific legal duty to report child abuse for minors under 18. Therefore, the need to protect minors aligns with ethical guidelines and legal requirements that counselors must adhere to in their practice.