Legal and Ethical Considerations for Group and Family Therapy
Legal and Ethical Considerations for Group and Family Therapy
Describe how Legal and Ethical Considerations for Group and Family Therapy Differ from Those for Individual Therapy and Explain how These Differences Might Impact your Therapeutic Approaches for Clients in Group, Individual, and Family Therapies
Legal and ethical considerations differ for group and family therapy than for individual therapy. First, informed consent is not as straight forward in group and family therapy as in individual treatment. The provider/clinician can only project the course of treatment and not fully anticipate what will transpire due to interactions of multiple individuals (Riva & Cornish, 2018). Second, confidentiality may be limited in group settings as confidentiality is strongly encouraged but may not be guaranteed. Additionally, a group facilitators/clinicians must maintain therapeutic alliance with all group members and not just one individual. This dynamic may be difficult to manage when tension evolves between group participants.
Regarding legal implications, many states have a third-party rule. This rule states that any information disclosed in the presence of a third individual is not considered privileged or private information. Each group participant should understand that, if called to testify against another group participant, an individual can be legally compelled to disclose information (Bond, 2015).
The unique characteristics of group therapy require specific skills in group techniques and ethics. Therapeutic approaches of group leaders need to consider the information presented above. Group leaders need to be skilled in establishing group norms and rules and the identified risks to confidentiality group treatment may present. Throughout therapy, group providers need to be vigilant in monitoring for issues among group participants which may threaten confidentiality of group members and thus cohesiveness of the group. It can be helpful for the group clinician to have a discussion with participants before joining the group. The facilitator should discuss group policies and norms when participants meet for the first time. Ideally, group members should agree to maintain the privacy regarding other group member’s names, circumstances, identifying details, and other information discussed during meetings. Group participants should also be educated on how to interact to maintain confidentiality, should they happen to encounter each other outside of group.
