Mn Counseling Laws
Synopsis of Minnesota State Laws in
Reference to the Case of Sherry
Sarah Penheiter
Capella University
Abstract
The case of Sherry requires a review and analysis of Minnesota laws regarding mandatory reporting, drug offenses, and child neglect. Based on the synthesis of information from several statutes the author asserts that the case does require a report be filed with state child welfare agencies.
Determining responsibility to report under the law is a complex action that requires the analysis of several different sections of relevant law. Not only must the laws regarding mandatory reporting be analyzed, the specific nuances of this case must be examined. Specifically, I will need to address three separate issues. First, it must be determined if a Licensed Professional Clinical Counselor a mandatory reporter. Second, Sherry’s use of marijuana must be examined to determine if it does constitute child abuse or neglect. Finally, Sherry is selling an illegal substance and this may in and of itself require a welfare report. Minnesota law requires that any professional practicing the healing arts, working in education, providing psychological treatment or working in social service file a report with state child welfare agencies or local law enforcement if they suspect that a minor child is being mistreated (Reporting of Maltreatment of Minors, 2011). The question that arises here is if a Licensed Professional Clinical Counselor (LPCC) is considered to be practicing the healing arts or providing psychological treatment. In Minnesota only licensed psychologists can provide any service described as psychological (Presentation to Public, 2011). However, any person engaged in providing any legal method of treatment, diagnosis, or correction of any illness or aliment of the human condition is considered to be practicing the healing arts (Definition; Practicing Healing and Practice of Healing, 2011). Under this statute, I would consider the
Reference to the Case of Sherry
Sarah Penheiter
Capella University
Abstract
The case of Sherry requires a review and analysis of Minnesota laws regarding mandatory reporting, drug offenses, and child neglect. Based on the synthesis of information from several statutes the author asserts that the case does require a report be filed with state child welfare agencies.
Determining responsibility to report under the law is a complex action that requires the analysis of several different sections of relevant law. Not only must the laws regarding mandatory reporting be analyzed, the specific nuances of this case must be examined. Specifically, I will need to address three separate issues. First, it must be determined if a Licensed Professional Clinical Counselor a mandatory reporter. Second, Sherry’s use of marijuana must be examined to determine if it does constitute child abuse or neglect. Finally, Sherry is selling an illegal substance and this may in and of itself require a welfare report. Minnesota law requires that any professional practicing the healing arts, working in education, providing psychological treatment or working in social service file a report with state child welfare agencies or local law enforcement if they suspect that a minor child is being mistreated (Reporting of Maltreatment of Minors, 2011). The question that arises here is if a Licensed Professional Clinical Counselor (LPCC) is considered to be practicing the healing arts or providing psychological treatment. In Minnesota only licensed psychologists can provide any service described as psychological (Presentation to Public, 2011). However, any person engaged in providing any legal method of treatment, diagnosis, or correction of any illness or aliment of the human condition is considered to be practicing the healing arts (Definition; Practicing Healing and Practice of Healing, 2011). Under this statute, I would consider the
References: Definition; Practicing Healing and Practice of Healing, 2011 Min. Stat. § 146.01 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=146.01. Neglect of Endangerment of a Child, 2011 Min. Stat. § 609.378 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=609.378. Presentation to Public, 2011 Min. Stat. § 148.96 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=148.96. Reporting of Maltreatment of Minors, 2011 Min. Stat. §626.556 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=626.556. Schedules of Controlled Substances, 2011 Min. Stat. § 152.02 (2011). Retrieved from https://www.revisor.mn.gov/statutes/?id=152.02.