Legal concerns of the pastoral counselor

The United States is increasingly becoming a legalized society wherein laws are determining what a pastor providing counseling can and cannot do. The pastoral counselor needs to be cognizant of which laws are helpful and which are restrictive in the counseling which he/she provides. This article was written to provide a beginning understanding of the following issues: confidentiality, privileged communications, clergy privilege, state licsensing and tax-exempt status. The issues of malpractice insurance and third party payments are also touched upon briefly.He is a minister of the United Church of Christ and a Diplomat of the American Association of Pastoral Counselors. His article is based on a lecture at the Denver meeting of the AAPC and is reprinted with his permission.     

Protecting Privacy and Confidentiality

Summary

This article discusses the confidentiality of communications between therapist and patient and the scope of, and exceptions to, the privilege preventing such communications from being disclosed. Ethical principles, statutes, and case law will be explored.     

Privileged Communication in Selected Helping Professions: A Comparison Among Statutes

The authors present findings of an examination and assessment of existing privileged communication statutes and rules of evidence in the 50 states and the District of Columbia for clients of selected helping professionals: psychologists, social workers, marriage and family therapists or counselors, school counselors, and licensed professional counselors. Data are reported regarding the extent to which each of these professional groups has succeeded in establishing that their clients' communications with them are entitled to legal privilege, the scope of privilege extended, and specified exceptions to privilege. The report concludes with implications and suggested guidelines for practice.     

Privileged Communication in the Counselor‐Client Relationship

Determining the status of privileged communications between counselors and clients is a complex task. The scope of counselor‐client privilege varies considerably across states, and several sections of state codes directly and indirectly influence its status. This article presents an analysis of state laws related to privileged communication in the counselor‐client relationship and discusses prevalent legal exceptions. The authors offer implications for practice to assist counselors in balancing their ethical and legal obligations.     

The Political Attitudes and Activities of Mainline Protestant Clergy in the Election of 2000: A Study of Six Denominations

This study examines clergy across six mainline Protestant denominations in terms of their social characteristics, their theological positions, and their political attitudes and behavior. The analysis is based on data collected through random surveys of clergy in each denomination conducted in 2001 using the same instrument. The predominant focus of the article is on the nature and level of political activities exhibited by mainline Protestant clergy in the election year of 2000. The analysis revealed that mainline Protestant clergy are indeed relatively active politically, but that, despite their commonality of belonging to the same broad religious tradition, the nature and level of such political activities varies across the six denominations. Variation in the level of political activity is related to a number of different variables. And, while multivariate analysis reduces the number of significant factors that account for such differences, the remaining significant factors are associated with each of the major theoretical approaches that have been advanced to account for differences in participation levels.     

Patterns of conversation between clergy and their parishioners and referral to other professionals

Clergy deal with mental and physical health care issues as well as spiritual concerns within their congregations. Collaboration with psychotherapists and physicians could be argued to be "best practice" by clergy, but little is known about how clergy collaborate, particularly in non-hospital settings. This study describes reported practice patterns of referral by clergy in the context of their conversations with parishioners. Clergy report that parishioners regularly express psychosocial and medical concerns to them, and clergy also initiate these conversations. Clergy refer to medical providers and psychotherapist 23% of the time, and these referrals are found to be helpful, even though the professionals rarely connect with each other. Physicians and psychotherapists report they refer to clergy 10% and 24% of the time, respectively, and often find these referrals helpful. Further research is needed to understand the barriers and bridges to collaboration between professionals in different domains of care.     

Clergy Role Stress and Satisfaction: Role Ambiguity Isn’t Always Bad

This study examined relationships between role conflict and role ambiguity and clergy satisfaction with their church appointment. Questionnaire data obtained from 293 United Methodist clergy suggested that role conflict and role ambiguity each have a negative relationship with appointment satisfaction. However, when considered together, they displayed a more complex relationship with appointment satisfaction. Contrary to conventional wisdom, results indicated that although these stressors operate together to influence appointment satisfaction, their combined effect is not simply cumulative. That is, when role conflict is low, clergy report the most satisfaction when role ambiguity is high. However, when role conflict and role ambiguity are both high, appointment satisfaction is low. These findings are interpreted in light of clergy influence strategies. And, recommendations for remedying clergy role stress are offered. Furthermore, it is suggested that interactive models of role stressors could lead to more in-depth understanding of organizational stress as well as advances in role stress theory.     

The Political Activity of Evangelical Clergy in the Election of 2000: A Case Study of Five Denominations

This article focuses on the political participation of ministers from five evangelical Protestant denominations that differ in theology, polity, and history. Despite such differences, these clergy respond to political influences in much the same fashion. We find that the standard theories of political participation have varying success in accounting for their political involvement. Sociodemographic explanations provide little help, but psychological engagement with politics has more explanatory power. Professional role orientations are the best predictors of actual participation. And the clergy who see moral reform issues as the most important confronting the country—and who hold conservative views on such issues—are most likely to become engaged. Finally, membership in Christian Right organizations serves to elicit more activity than might occur if ministers were left to internally motivated participation. Despite the emphasis on other contextual variables in some work on clerical politics, we find that communications exposures, congregational influences, and even the support of clerical colleagues have very limited independent effects on political involvement.     

Clergy work-related satisfactions in parochial ministry: The influence of personality and churchmanship

The aim of this study was to test several hypotheses that clergy work-related satisfaction could be better explained by a multidimensional rather than a unidimensional model. A sample of 1071 male stipendiary parochial clergy in the Church of England completed the Clergy Role Inventory, together with the short-form Revised Eysenck Personality Questionnaire. Factor analysis of the Clergy Role Inventory identified five separate clergy roles: Religious Instruction, Administration, Statutory Duties (conducting marriages and funerals), Pastoral Care, and Role Extension (including extra-parochial activities). Respondents also provided an indication of their predispositions on the catholic–evangelical and liberal–conservative dimensions. The significant associations of the satisfactions derived from each of the roles with the demographic, personality, and churchmanship variables were numerous, varied, and, with few exceptions, small in magnitude. Separate hierarchical regressions for each of the five roles indicated that the proportion of total variance explained by churchmanship was, in general, at least as great as that explained by personality, and was greater for three roles: Religious Instruction, Statutory Duties, and Role Extension. It was concluded that clergy satisfactions derived from different roles are not uniform and that churchmanship is at least as important as personality in accounting for clergy work satisfaction.     

Slicing White Bre(a)d: Racial Identities,Recipes, and Italian-American Women

This article focuses on Italian-American women and on how they construct, understand, and maintain their ethnic identity in relation to Whiteness and White privilege. Since language cannot serve as symbol for these women because speaking Italian was often forbidden in their homes, or spoken only between adults in covert communications, they often must cling to other symbols of Italianness in order to preserve their sense of gendered ethnic identities. I argue that one such symbol is food, wherein participants manipulate recipes and use food to navigate and negotiate being both Italian and American, Whiteness, femininity, and social class. Implications for therapy about how we understand our multiple identities in relation to others as part of larger systems of power and privilege are explored.     

Clergy Burnout: A Comparison Study with Other Helping Professions

Clergy experience a large number of stressors in their work, including role overload and emotional labor. Although studies have found high rates of depression in clergy, the degree of work-related burnout in clergy compared to other occupations is unknown. The widely used Maslach Burnout Inventory (MBI) measures three aspects of burnout: emotional exhaustion, depersonalization, and personal accomplishment. We sought studies using comparable versions of the MBI for clergy; for social workers, counselors, and teachers because of those occupations’ emotional intensity and labor; and for police and emergency personnel because of the unpredictability and stress-related physiological arousal in those occupations. We found a total of 84 studies and compared the ranges of burnout scores between the studies of clergy, each additional occupation, and MBI published mean norms. Compared to U.S. norms, clergy exhibited moderate rates of burnout. Across the three kinds of burnout, clergy scores were relatively better than those of police and emergency personnel, similar to those of social workers and teachers, and worse than those of counselors. Clergy may benefit from burnout prevention strategies used by counselors. The moderate levels of burnout found for clergy, despite the numerous stressors associated with their occupation, suggest that clergy generally cope well and may be models to study. Overall, there is room for improvement in burnout for all professions, especially police and emergency personnel. It is important to remember the variation within any profession, including clergy, and prevent and address burnout for those in need.     

A Time to Learn: A Comparison of Policies Dealing with Clergy Sexual Misconduct

This is the first article to compare a variety of religious organizations’ codes of conduct when dealing with clergy sexual misconduct. The comparison of codes from Catholic, Protestant and Jewish institutions provide a valuable indication of how this important and complex set of issues is being approached. Moreover, the sharing of information contained in this article will encourage clergy based organizations to learn from the practices of others in order to improve their regulatory procedures. In addition, it is hoped that as religious institutions learn from each other, stronger and more effective responses will be developed to address clergy boundary violations.     

Bioethics—Eleven Approaches

Abstract:  Using a case study, the author reviews 11 different approaches to bioethics, examining both their implications in clinical practice and their importance for clergy. In addition to the popular stress on patients' rights and principles in bioethics, the approaches include perspectives drawn from feminist ethics, phenomenology, ethnography, covenant views, virtue ethics, postmodernism, and casuistry. Lebacqz shows that each perspective may be important for stressing something different in the clinical setting, and suggests that clergy should be prepared to extend the range of views that may be operating in a given case.     

Pastoral Counseling Down Under: A Survey of Australian Clergy

This survey research describes the attitudes and practices of Australian Christian clergy regarding counseling in their pastoral care roles. Data has been collected by use of a mail survey of 1954 Australian clergy residing in the state of Queensland from Dec 2007 until March 2008. 758 useable surveys were returned resulting in a return rate of 40.1%. The clergy’s (a) confidence in handling seven different counseling situations, (b) counseling preparation, (c) professional knowledge about counseling, (d) counseling modality, and (e) demographics were assessed. Australian Christian clergy are thus described with a discussion of a number of implications for training organisations such as Bible Colleges and Seminaries.     

Marriage and ministry in midlife women

This study of 15 midlife women seminarians or clergy and 13 of their husbands focuses upon the tension between a commitment to family life and a commitment to ordained ministry. The women were preparing to become Protestant clergy or were already in this vocation, while their husbands were middle-class, successful professional people. The study examines the impact of the new cultural self-development ethic upon the lives and religious faith of the women. Husbands' responses to the wives' changes are considered, and suggestions are made to supervising judicatories regarding assistance that may be given to the couples.He is an ordained minister of the Lutheran Church in America as well as a licensed psychologist in the state of Pennsylvania.     

Confidentiality and mandatory reporting

Confidentiality is a cornerstone in the identity of the clergy. Confidentiality makes it safe to disclose sins, but the information received may sometimes cause dilemmas for the clergy. Through pastoral care with people in different circumstances, members of the clergy are on the front line for detecting and reporting child abuse and domestic violence. In this article, I explore how clerics judge dilemmas and determine the right course of action when facing cases of possible child abuse or domestic violence. How do members of the clergy reason through their choices? What grounds do they give for their actions? Data are provided from a mixed methods study with 53 Norwegian parish priests. The clergy’s decision-making will be the primary focus. Confidentiality is frequently associated with trust. The clergy maintain that confidentiality contributes to securing trust in themselves, as well as in the church as an institution. My analysis suggests that the clergy’s reflections on confidentiality conflict with Norwegian mandatory reporting laws and that the clergy may benefit from a reframing of pastoral confidentiality.     

Ministry and Stress: Listening to Anglican Clergy in Wales

This study set out to examine the experiences of stress in ministry among a sample of Anglican clergy serving in Wales. Building on recent quantitative studies of work-related psychological health among Anglican clergy in England, the study employed mainly qualitative methods to illustrate eight issues: the clergy’s overall assessment of their present health, their understanding of the characteristics of stress, their assessment of the levels of symptoms of stress within their own lives, their identification of the causes of stress within their experience of ministry, the people on whom they call for support in times of stress, their strategy for and styles of recreation, their assessment of the pastoral care provision available to clergy, and their views on enhancing initial clergy training to equip clergy to cope with stress. Data provided by 73 clergy (10 female and 63 male) portray a group of professionally engaged men and women who are well aware of the stress-related dynamics of their vocation, who are displaying classic signs of work-overload, and who are critical of and resistant to strategies that may confuse the pastoral care of stressed clergy with the accepted management role of the Church’s hierarchy of bishops and archdeacons.     

Privileged Communication in Therapy: Special Problems for the Family and Couples Therapist

Misconceptions concerning the existence and scope of the legal privilege for communications in therapy are considered. Basic limitations on the protection afforded by the privilege are treated, as are some major specific exceptions and waivers, particularly as they raise special difficulties for the therapist who works with groups, couples, and families. Practical suggestions for the therapist and directions for policymaking by the helping professions are presented.