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Church Administration
Counseling Risks 101

Offering counsel is a valuable ministry, but it doesn’t come without its dangers.
See "Safeguarding Counseling" Training Pack
Store Code: CLT02-A
Format(s): Microsoft Word
Type: Document
Price: $2.99
Sale Price: $0.00

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Topics:Church board, Church staff, Confidentiality, Legal, Legal issues, Management, Not-for-profit issues, Policies
Filters:Church board, Counseling, Management, Pastor, Spiritual director
Purpose:Ministry
References:Acts 20:28, 2 Corinthians 1:3-7, Philippians 2:3-4
Date Added:July 31, 2007
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Your church takes on risk in the following categories when it offers counseling services:

Negligent Counseling (Malpractice)

"Malpractice" is generally defined as a failure to exercise an accepted degree of skill in the performance of professional duties that results in injury to another person. Although many courts have rejected these claims against pastors, some have found them guilty of malpractice for sexual misconduct with a client or for engaging in "non-religious" counseling.

Sexual Misconduct

A number of women have brought lawsuits against male pastors who seduced or sexually assaulted them in the course of a counseling relationship. Such pastors expose themselves and their church to potentially significant legal risk.

False Accusations

A false accusation can be as devastating as a true one. Because of the unique temptations that counseling can present, and the possibility of false accusations, "defensive measures" should be taken by those who engage in counseling. Some precautions are presented later in this lesson.

Child Abuse Reporting

Pastors may be criminally and civilly liable under state law to report child abuse to civil authorities. It is essential that pastors be aware of their legal obligations under their state's law with respect to this issue.

Confidentiality

The church and its counselors can be sued if they intentionally or inadvertently disclose confidential information to third parties. Some states provide exceptions to this rule in cases of child abuse reporting, or when a counselee threatens to harm others.

Also, it is important to distinguish between "privilege" and "confidentiality." The clergy-penitent privilege provides that clergy cannot be compelled to disclose in court what was shared with them in confidence. Generally, "confidentiality" refers to not disclosing to anyone what is shared in confidence.

Discuss
  1. Is counseling worth the potentially devastating risks associated with it? Why or why not?
  2. Which of the risks listed above could have the most damaging impact on our church? Why?
  3. Do you know of other churches who have been affected by risks associated with counseling? What happened, and how did they face it?
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Posted: December 11, 2008
Frank  (Guest)
only the cover page downloaded.....


Posted: September 11, 2009
REGINALD COX  (Registered User)
I'M TRYING TO DOWNLOAD FREE INFORMATION TO MY ADDRESS IN THE BAHAMAS;WE DO NOT HAVE ZIP CODES IN OUR COUNTRY, NOR DO WE HAVE STATES. PLEASE TELL ME HOW I CAN OBTAIN THIS INFO.


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