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are seldom in the best interest of students, whose personal histories, developmental stages, family situations and problem-solving abilities are as complex as their conflicts. The purpose of law is to codify a value or set of values. Law is the minimum standard society will tolerate. |
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is judge-made law. Based on legal precedents developed over hundreds of years. "body of general rules prescribing social conduct." |
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Judges look for prior cases that have similar law and facts to the case at hand. |
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No black-and-white answers. Counselors raise awareness of these issues to reduce their risk of backlas and develop a tolerance for ambiguity. |
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Established by judges and law makers. |
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agreed-upon values, norms, customs, and mores that have with-stood the test or time. These are the result of values within a profession or organization and bind those who, by membership, ascribe to them |
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are laws at the US government level. |
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are laws at the state level |
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We are our values; we can't simply leave them at the schoolhouse door. However, professional school counselors are aware of the value-laden issues that sabotage objectivity, and they take proper steps to avoid those situations. |
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Civil law (legal system), a system of law based on the Corpus Juris Civilis Civil law (area), a branch of continental law which is the general part of private law Civil law (common law), a branch of common law dealing with disputes between individuals or organizations (as opposed to criminal law) |
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describe theoretical milestones of child development. |
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the physical age as in years old. |
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The privacy rights of minors belong to the student's parents or guardians. Our guidance for this is found in Family Education Rights and Privacy Act (FERPA, 1974) and the Health Insurance Portability and Accountability Act (HIPAA, 1996), two federal statutes. The parent, not the student, makes critical decisions about disclosure of personal information. Parents have the final word on who will know about certain details of their child's medical conditions. |
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The legal status of minors is difficult to define. A minor is generally someone under 18 yrs. Legal status refers to if a child can make decisions for themselves or not. |
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Ethics are situational. Ethical behavior is determined in large part by your school's location. The prevailing community and institutional standards dictate to ta large degree what school counselors can do and remain ethical. |
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Refer to the ethics of the school board and school. |
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School Counselors must tell students in terms they can understand about the limits of their confidentiality so that students can decide if they want to participate in the counseling session. |
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what the reasonably competent professional would do. |
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an individual counselors developed sound ethical decision-making skills. |
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refers to promoting students' ability to choose their own direction. The school counselor makes every effort to foster maximum self-determination on the part of students. |
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refers to promoting good or others. Ideally, counseling contributes to the growth and development of the student, and whatever counselors do should be judged against this criterion. |
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means avoiding doing harm, which includes refraining from action that risk hurting students. |
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refers to providing equal treatment to all people. -regardless of age, sex, race, ethnicity, disability, socioeconomic status, cultural background, religion or sexual orientation. |
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refers to staying connected with your students and being available to them to the extent possible |
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an acronym forSolutions To Ethical Problems in Schools a nine step model. (know the steps!) |
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an acronym forSolutions To Ethical Problems in Schools a nine step model. (know the steps!) |
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an acronym forSolutions To Ethical Problems in Schools a nine step model. (know the steps!) |
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Define the problem emotionally and intellectually. |
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Apply the ASCA and ACA Ethical Codes and the Law. |
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Consider the students' Chronological and Developmental Levels. |
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Consider the Setting,Parental Rights and Minors' Rights. |
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Apply the Moral Principles. |
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Determine your potential courses of action and their consequences. |
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Evaluate the selected action |
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Implement the course of action |
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possible ways to handel an ethical delima. |
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What might happen as a result of choices. Consider good and bad consequences of each possible course of action (step 6). |
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Rules and regulations for the school district. |
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opacity n. , pl. , -ties . The quality or state of being opaque. When refering to laws regarding children it means that lowas are often defined case by case. It is difficult to develop law, ethical codes, written school board policies or procedures that cover all the potential situations school counselors might face. For example, laws that address malpractice, negligence and student privacy rights are complex. |
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The counselors values. Counselors should avoid allowing their own values to influence the clients decisions. |
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(n) Case Law is the decisions, interpretations made by judges while deciding on the legal issues before them which are considered as the common law or as an aid for interpretation of a law in subsequent cases with similar conditions. Case laws are used by advocates to support their views to favor their clients and also it influence the decision of the judges. |
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A person whose education, training, and experience can provide the court with an assessment, opinion, or judgment within the area of his or her competence, which is not considered known or available to the general public. |
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Law. Settled, fixed, or absolute; being without contingency: a vested right. |
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