Chapter 6
Records, Subpoenas, and Technology
Focus Questions
1. Why should counselors keep records?
Points instructors may want to make:
2. Why is it important to carefully document events in emergency situations?
Points instructors may want to make:
3. Why should counselors consult with an attorney if they receive a subpoena?
Points instructors may want to make:
• Counselors can get into trouble if they do what a subpoena says when they shouldn’t
4. What are some of the primary benefits and problems that technology has brought to
the counseling process?
Points instructors may want to make:
• Benefits include
5.
What do you think about counselors providing counseling services to clients via the
Internet?
Points instructors may want to make:
• Good thing would be that more clients can access services.
In-Class Activity
Title: Documenting for Self-Protection
Learning
Goal: Learning how to write detailed notes.
Procedures: Ask a student to role play with you. The student role plays the counselor and
you role play a parent who has come to see the counselor after his/her adult child
Point/Counterpoint (Debate) Topics
Title: Cyber-counseling
Learning
Goal: To consider the advantages and disadvantages of counseling clients over the
Internet.
Procedures: Assign (or allow students to volunteer) 2 groups of students (preferably 3-5
students in each) to each take one of the positions described below and prepare a 5-
minute argument in favor of that position. Have each group present its argument.
Title: Counselor participation in Social Media
Learning
Goal: To consider the benefits and risks involved in participating in social media
websites..
Outside Class Activity
Title: Handling a Request for Transfer of a Client’s Records vs. Responding to a Subpoena
Learning
Goal: To be aware of the similarities and differences among the steps a counselor should take in responding
to a request for transfer of a client’s records and in responding to a subpoena.
Topic for Self-Reflection/Journaling
Topic: Reflect on the use you currently make of social media sites. Project yourself into
your future when you are a practicing counselor – are there any ways in which you
may need to change the way you participate in social media? What are the ethical
considerations involved in using social media for counseling practitioners?
Case Study
Sheila came to your office about eight months ago, seeking counseling and stating that she “hoped to save her
marriage.” After a few sessions with Sheila, you had suggested that couples counseling might be helpful, but her
husband, Roy, refused to participate. Three months ago, Sheila and Roy went through a very nasty breakup of their
Case Study Discussion
You should tell Sheila that you respect her decision to waive confidentiality and that you would like to
discuss the matter with her in greater detail. It may be therapeutically advisable to have this discussion with Sheila
1. What types of issues might be related to Sheila’s decision to release her records?
2. How might Sheila be disadvantaged by releasing her records?
3. Describe the specific steps you would take in responding to the subpoena.
4.
Short Paper or Oral Class Presentation Topics
1. Provisions of the Buckley Amendment (FERPA) and Its Implications for School
Counselors
2. Considerations Relative to Keeping Counseling Records on Computers