The Law and Church Counseling: Part One—Caring Carefully
Note: You’re reading Part One in a blog mini-series on The Law and Church Counseling. I’m summarizing material from chapter twelve of Equipping Counselors for Your Church. To learn more about the book, which is now available for pre-order, visit Equipping Counselors.
The Elephant in the Room 
When I discuss legal and ethical issues in my seminars on Equipping Counselors for Your Church, I show a PowerPoint slide with a picture of an elephant in a living room. No one likes to talk about ethical and legal concerns in church counseling. They are often the unspoken elephants in the room that motivate church leaders to squelch biblical counseling ministries.
While we cannot allow the unwise and unnecessary fear of man to stop us from serving God, we must take ethical and legal concerns seriously. Even more importantly, we must take seriously God’s law of love that demands that our ministry remain above reproach.
This blog mini-series explains that by following sound principles of ethical behavior, legal norms, wise practices, and biblical standards churches can confidently launch and lead biblical counseling ministries. The Bible teaches us how to care carefully.
Caring Carefully
In my consulting, I have found that it is easy for churches to cascade into polar extremes regarding biblical counseling and the law. One extreme causes churches to retreat in paranoia because of the fear of lawsuits. In response, they decline to launch church counseling ministries and refer everyone to outside help. In the other extreme response, churches ignore legal issues and place at risk their church, their counseling ministry, and the people to whom they minister.
We overcome our extreme reactions to legal requirements (either fearing them or ignoring them) by understanding that they are a mere shadow of the far higher ethical standards of God’s law. We must obey the law of God and the law of the land in the fear of God and not the fear of man.
The Law of Love
Paul taught us to submit ourselves to God-established authorities—the law of the land (Romans 13:1-7). In the very next breath, Paul writes about the law of God—the law of love. “Let no debt remain outstanding, except the continuing debt to love one another, for he who loves his fellowman has fulfilled the law” (Romans 13:8). Paul then explains that “whatever other commandment there may be, are summed up in this one rule: ‘Love your neighbor as yourself.’ Love does no harm to its neighbor. Therefore love is the fulfillment of the law” (Romans 13:9b-10).
The precept, “First, do no harm,” is not simply a principle of medical ethics. It is a foundational principle of Christian life and ministry. Jesus reserves His most scathing judgment for ministers who abuse their power by abusing those to whom they minister. His list of woes to unethical, unloving shepherds in Matthew 23:1-39 should cure every ministry leader of a lax attitude toward ministry relational standards. Jesus warns of certain and severe judgment for anyone who mistreats the little child (Matthew 18:1-9) or fails to minister to the little lost sheep (Matthew 18:10-14).
Jesus and Paul contrast the hireling and the true shepherd, the savage wolves and the good shepherds, the true apostle and the false apostle (John 10:1-21; Acts 20:13-38; 2 Corinthians 10:1-12:21). Paul and Peter, in outlining the requirements of God’s shepherds, highlight godly character and ethical conduct (1 Timothy 3:1-16; 1 Peter 5:1-5).
These specific law-of-love requirements flow from the most foundational requirement of God. “And what does the LORD require of you? To act justly and to love mercy and to walk humbly with your God” (Micah 6:8).
Even more importantly, all ethical ministry behavior flows ultimately from the very character of God. “But just as he who called you is holy, so be holy in all you do; for it is written: ‘Be holy, because I am holy’” (1 Peter 1:15-16). This God-like holiness has specific life, ministry, and relationship application. In the same text, Peter writes, “Now that you have purified yourselves by obeying the truth so that you have sincere love for your brothers, love one another deeply from the heart” (1 Peter 1:22).
I do not pen this blog mini-series in a spirit of “legalese.” Practicing ethical and legal wisdom in ministry is nothing less than being Christ-like in how we practice biblical counseling. It is nothing less than assuring that every possible safeguard is in place so that the hurting people we minister to are helped and not harmed. It is nothing less than overseeing that our biblical counseling ministry fulfills God’s law of love. When we do that, then fulfilling the law of the land, while still necessary, will be undemanding in comparison.
So, as you read this mini-series, suppress the thought, “Ugh, not legal stuff!” Emphasize the thought, “I can’t wait to learn more about how to oversee that our biblical counseling ministry cares carefully by loving biblically!”
The Rest of the Story
Return for Part Two where we’ll gain a “lay of the land” by talking about The Law and Church Counseling.
Join the Conversation
• When you think about legal and ethical issues, which extreme do you tend toward: fearing them or ignoring them? Why?
• How could you apply the big picture of this post? Obey the law of God and the law of the land in the fear of God and not the fear of man.
I have a Master’s in Counseling but when I worked in the field of mental health I did not need my certification with the State. Since becoming a SAHM as well as unpaid ministry staff serving women in my church, I have not sought that certification. Without it I cannot call myself a “therapist.” I can simply be someone who listens and encourages. With the certification comes liability, and as a volunteer I am not covered under any church insurance and I don’t have the money to provide my own at this point in time. It puts me in a difficult position career wise – if I want to work again in the field – I will probably need the certification, but if I have it I put myself at risk. I guess maybe in a way – I’m too afraid of being trampled by that elephant in our very litigious society. Do I counsel women? Yes – one on one – on the phone – over coffee. . . but I don’t call it that.
Susan, You raise a valid “catch 22” issue about degrees, certification, and legal ramifications. I’ll be posting more on that in the coming days. There are legal and ethical ways to “eat that elephant one bite at a time” so that you can minister wisely in a church setting. Please keep reading. Bob
Bob,
Looking forward to reading more on this subject. I’m not currently in the season of life to do anything formally, but it is a subject of great interest to me having received my Bachelor’s in Psychology. I hope one day to continue to study and grow so that I am better able to minister to women in the church. My husband holds several men accountable within our church, and I really see how we could serve in a Marriage & Family capacity. I have considered whether I should merely audit CCEF classes or get their certification or pursue my Master’s. On the one hand, I can get the education and be equipped to serve through any of those means. However, I am wondering what the pros and cons are of having the more formal certification and/or Master’s.
Thanks for writing!
Warmly,
Elizabeth
Elizabeth, You’re asking some great questions that every person committed to local church training needs to ponder prayerfully. Of course, there’s no one-size-fits-all answer to the various options: training without certification, training with certification, training with a degree. However, I will say that I think that anyone who is training and supervising others should consider either an MA or a certificate. NANC, CCEF, and ABC are all among the groups I recommend for certification in biblical counseling. Bob
Please keep teaching me! My husband and I both have Master’s degrees in christian Counseling but have NO INTEREST in secular credentials. We know there must be a safe way to be able to counsel under the umbrella of our Church, using their liability insurance, etc. How do we find out the requirements in our state for such? Do the walls have to be sound proof? What physical things have to be in place to be legal under a Church? Right now we counsel here and there, but do not really have a room, or a ministry advertised….yet there are SO MANY hurting people. We want to be legal, so please teach me. We live in FL.
This information is great! I have been trying to find out why the church has shied away from counseling. Although my focus has been on counseling older people this blog has provided me with information on why they have not taken hold and counseled everybody. Now I understand why there are so many referrals to psychologists and outside sources. This has been a great addition to my dissertation on Counseling the Elderly and how the church is missing an opportunity to disciple.
If you aren’t interested in secular counseling look at http://www.NANC.com to get certified as a biblical counselor or the IABC (International Association of Biblical Counselors). It’s totally different than christian counseling or christian psychology. It deals with ONLY the sufficiency of scripture when dealing with “soul” matters and biblical counseling has been the biggest part in saving my marriage which was just shy of divorce papers for dissolution.