Unit 4: Professional Relationships, Values, and Ethics

Disputes Involving Colleagues

social workers should not take advantage of a dispute between a colleague and employer to obtain a position or otherwise advance the social workers' own interests

Derogatory Language

social workers should not use derogatory language in their written or verbal communications to or about clients

Referral for Services

social workers should refer clients to other professionals when other professionals' specialized knowledge or expertise is needed to serve the clients fully, or when social workers believe they are not being effective or making reasonable progress with clients

Confidentiality with Colleagues

social workers should respect confidential information shared by colleagues in the course of their professional relationships and transactions

Disclosing Confidential Info w/o Value Consent

-an exception to this is when there's compelling professional reason to disclose the info. specifically, the assumption that you'll keep info confidential doesn't apply when a) you need to disclose certain info to prevent serious, foreseeable, and imminent harm to a client or another identifiable person, or b) laws or regulations require you to disclose certain info w/o client's consent -in these situations, you should disclose least amount of confidential info necessary to achieve your intended purpose. -you should inform a client about the disclosure of confidential info and the possible consequences. when foreseeable, you should inform the client before you make disclosure.

Disclosing confidential Information w/ Valid Consent

-general rule is to avoid releasing confidential client information to third parties w/o a written authorization from client or her legal representative. you should obtain release of confidential information whenever a client asks you to disclose confidential info to others and whenever a client consents to your own or another person's request that confidential info be released -get release when a) speaking to client's family, friends, teachers, or employers, to other professionals, or to anyone else to collect collateral info or for any other reason; b) when referring a client to another professional or agency; c) when communicating w/ a client's insurance company, and d) when a client allows or requests you to release confidential info about her treatments for a legal proceeding. -if another professional requests info on client, and client doesn't want to share that info, difficult ethical problems may arise. social worker should discuss w/ client about sharing info when it's in the client's best interest

Providing Clinical Services to Previous Sexual Partners

social workers should not provide clinical services to individuals with whom they have had prior sexual relationship

HIV and duty to warn/protect

-grey area; have several options: a) initial course of action would ordinarily be to maintain the client's confidently and encourage client to engage in safe-sex practices, refer clients to a support group, and discuss the possible legal consequences of engaging in unprotected sex b) you may decide to breach the client's confidentiality in order to protect the intended victim; but in doing so, you should explain decision to client and attempt to get client's consent. if the client' doesn't consent and you breach confidentiality, you may be charged w/ professional misconduct and face legal action by he client. breaching confidentiality in this situation has not yet been legally tested. -consultation w/ colleagues and lawyer help determine best course of action. anything and everything involving client interaction should be documented

When Ethics Conflict with Laws or Policies

-if you encounter a situation in which your ethical responsibilities conflict w/ a law or regulation or the policies or procedures of the agency where you work, you must, according to the COE, make a good-faith effort to resolve the conflict. -whatever resolution must be consistent w/ principles and standards set forth in COE. -if resolution that's consistent w/ COE is impossible, you should seek consultation before making a final decision. A)Conflict between ethics and laws: you should a)make known your commitment to the COE and b) take steps to resolve the conflict in a responsible manner. this does NOT mean you should violate a law or regulation. instead, as an ethical social worker, you must upheld to the greatest extent possible and working toward ensuring that laws and regulations are consistent w/ ethical requirements B) Conflict between Ethics and Policies and Procedures: you must ordinarily comply w/ policies and procedures of the agency that employs you as well as those of the organization and voluntary associations, but when a policy is unjust or otherwise harms the well-being of clients or colleagues, you may be justified in violating it. you should NOT allow your employing organization's policies, procedures, regulations, or administrative orders to interfere w/ your ethical practice of social work. instead, make sure employer is aware of your ethical obligations and implications of these obligations for your practice as a social worker.

Ethical Responsibilities and Practice Settings--Supervision and Consultation and Education and Training

-if you provide supervision or consultation, you should have the necessary knowledge and skill to supervise or consult appropriately. you should provide supervision/consultation w/in your areas of knowledge and competence only -if you function as an educator, field instructor for students, or trainer, you should provide instruction only w/in your areas of knowledge and competence, and your instruction should be based on the most current into and knowledge abatable in the profession.

Confidentiality and Clients who are Minors

-minors, like adults, are legally and ethically entitled to a confidential relationship w/ their therapist; and, in general, therapists should protect the confidentiality of minors (even from the minors' parents when appropriate) and ensure that minor clients understand the limits of confidentiality. Additionally, NASW's Standard of Practice of Social Work w/ Adolescents says that social workers must "maintain confidentiality in their relationship in w/ youths and of the info obtained w/in the relationship" 1) Explain your Policies w/ Regard to Confidentiality: when you're working w/ a minor, a good strategy is to discuss confidentiality at the beginning oft heap w/ the parents and the child. this discussion should take into account the needs and concerns of the presents, the best interests of the child, and the impact of breaching the child's confidentiality on the therapeutic relationship, and it should end w/ an agreement between all parties about what info revealed by the child will and will not be shared w/ the parents. if an agreement can't be reached that suits all parties, including you, then you can choose to refer minor to another provider for treatment. generally speaking, a responsible social worker will be sensitive to the parents' concerns and give them regular reports on their minor child's progress in treatment, w/o revealing specific confidential info. 2) Releases of Confidential Information: you may release or share confidential info about minor if you have appropriate authorization to do so. when client is non-empancipated minor and is being seen w/ parental consent, authorization to release confidential must come from at least one of the minor's parents when the parents are married, from at lest one divorced parent w/ legal custody, or from the legal guardian of the minor. Minors in foster care usually are wards or defendants of the court therefore, when working w/ a minor who's in foster care, it's not necessary to have the biological parents or legal guardians sign releases of info for the minor, as it would be if the minor were living w/ them 3) Preventing Harm: when working w/ an adult client, you can disclose confidential info about amino client w/o consent when such disclosure is necessary to prevent serious, foreseeable, and imminent harm to the client or another identifiable person. 4) Other Situations Involving the Confidentiality of Minors: a) minor's parents insist on receiving info: in some instances, the parts of minor client may insist on receiving specific confidential info about their child's treatment; parents may even insist they have legal right to the info. in this situation, you shouldn't release the info if you feel that doing so would be detrimental to your client. if you were unable to satisfy parents by explaining to them that releasing the info would likely harm the child or her therapy, then you could consult w/ attorney for advice b) Custody Questions: When the legal custody of amor child is disputed or unclear, special policies concerning the noncustodial parent's rights to obtain info may be necessary. you should consider the best interests of the child as well as the rights of the parents. in your actual practice, you should consult your state's laws concerning rights of noncustodial parents c) pregnancy of a minor: you're not ethically or legally required to tell a minor's parents about the minor's pregnancy.

Dual or Multiple Relationships

-refers to social worker and client having relationship outside of therapeutic relationship social workers should not engage in dual or multiple relationships with clients or former clients in which there is a risk of exploitation or potential harm to the client -you should be alert to and avoid conflicts of interest that interfere w/ your exercise of professional discretion and objective judgement -you should inform your lice's hen a real or potential conflict interest arises -if such a conflict arises or is likely to arise, you should take reasonable steps to resolve the conflict in a way that considers the clients' interests first and protects their interred to the greatest extent possible -sometimes in order to protect al cnet's interests when there's a conflict of interest, you will need to terminate the professional relationship. provide referral -you shouldn't take unfair advantage of any professional relationship you have or exploit anyone to further your own personal, religious, political or business interests -if a dual or multiple relationship is unavoidable, you should take steps to protect the client. you're responsible for setting clear, appropriate and culturally sensitive boundaries -when providing services to 2+ individuals, you should clarify w/ all parties which individual you'll view as the "client" and the nature of your professional responsibilities to each person receiving your services -if you anticipate a conflict of interest among the individuals receiving your services or anticipate having to perform in potentially conflicting roles, you should clarify your role w/ all the individuals involved. if this happens, you should take appropriate steps to minimize it -in many cases, a social worker will not also see one member of a client-family/couple for ongoing individual therapy, because it can create problems -accepting small gifts from client doesn't usually violate ethical obligations, but even in this case, a therapist could have to consider client's motives -establish a "you first" policy so that client decides whether or not he/she wants to approach therapist/what should be said/done. -if therapist and client attend same church, for example, seek supervision or consultation to discuss appropriate alternatives available to you -use cultural context: ex. w/ hispanics, attending a family function in this situation may be important for building trust and report

Professional Standards of NASW

-serve as guidelines for professional social workers in a variety of practice settings 1) Standards for Continuing Professional Edu 2) Standards for the Practice of Clinical Social Work 3) Standards for the Classification of Social Work Practice 4) Standards for the Practice of Social Work w/ Adolescents 5) Standards for Practice of Social Work Mediators 6) Standars for School Social Work Services 7) Standsards for Social Work Case Management 8) Standards for Social Work in Health Care Settings 9) Standards for Social Work Personnel Practices 10) Standards for Social Work in Child Protection 11) Standards for Social Work in Long-Term Care Facilities

Sexual Relationships with Former Clients

-social workers should not engage in sexual activities or contact with former clients -if you become sexually involved w/ a formal client, or you want to claim that there's an exception to the ethical standards because of unusual circumstances, you bear the full burden of demonstrating that the former client has not been exploited, coerced, or manipulated

Client Access to Records

-social workers should provide clients with reasonable access to records concerning the clients. -social workers who are concerned that clients' access to their records could cause serious misunderstanding or harm should provide assistance in interpreting records and consultation with the client regarding the records -you should limit client's access to her records or part of her records only in exceptional circumstances, as when there's compelling evidence that seeing certain info in the record would result in serious harm to client. -if you limit client's access to all or part of her records, you should document in the client's file her request for the records, and the reason why you withheld all or part of the records from her -when providing clients w/ a cess to their records, you should take steps to protect the confidentiality of other people identified or discussed in the records -ownership of records and other data is governed by law, client owns the contents of the record, and the social worker (or organization where social worker works) own the physical document -as far as federal law, HIPAA stipulates that patients must be permitted to review and amend their medical records

Interruption or Termination of Services

-social workers should terminate services to clients, and professional relationships with them when such services and relationships are no longer required or no longer serve the clients' needs or interests -social workers should take reasonable steps to avoid abandoning clients who are still in need of services -social workers should not terminate services to pursue a social, financial, or sexual relationship with a client -you should withdraw your services abruptly only under extraordinary circumstances, giving due consideration to all aspects of the situation and taking care to minis possible negative effects -if you need to terminate abruptly, you should assist in making appropriate arrangements for alternative services for the client -if you work in a fee-for-services setting, you may terminate your services to a client who isn't paying her overdue balances if a) the financial contractual arrangements have been made clear to the client, the client isn't an imminent danger to self or others, and c) you have addressed and discussed the clinical and other consequences of nonpayment w/ the client -if you anticipate the termination or interruption of your services, inform client promptly and seek to transfer, referral, or continuation of services in accordance with client's needs and preferences -if you're leaving your employment setting, you should tell your clients about appropriate options for the continuation of services, and the risks and benefits associated w/ their options

Sexual Relationships with Current Clients or with Clients' Relatives

-social workers should under no circumstances engage in sexual activities or sexual contact with current clients -you should not engage in sexual contact with clients' relatives or other individuals with whom clients maintain a close personal relationship when there is a risk of exploitation or potential harm to the client. this can also harm client and affect your relationship w/ him; difficult to maintain boundaries

Impairment of Colleagues

-social workers shouldn't let personal problems, psychosocial distress, substance use disorder, legal or mental health difficulties, which interfere with your professional performance and judgment, or threaten the best interests of persons for whom you have a professional responsibility. -if these problems interfere w/ your professional help, a) seek immediate consultation and b) take appropriate remedial action by getting professional help, adjusting your workload, terminating your practice, or taking other steps necessary to protect your clients and others -when a colleague has an impairment due to any of these issues, you should consult w/ the colleague, if feasible, and help him take remedial action. when you believe colleague hasn't taken appropriate steps to address impairment, you should take action through appropriate channels developed by your employer, agency, NASW, licensing or regulatory body, and other professional organizations

situations in which the duty to protect/warn DOESN'T apply

-someone besides the client is the dangerous party: duty to protect/warn only applies if client is the potential violent party. ex: if client says someone else is violent, encourage client to report threat, or you obtain consent from client to report threat -a third party tells you that your client has threatened to harm someone: you're neither required to notify the police or warn the intended victim, even if the threat is serious; however, you'll want to address this issue w/ client to determine if he does, in fact, pose danger to another person -there is no "readily identifiable" victim

Employee Assistance Program (EAPs)

-under ordinary circumstances, the fact that an employee has consulted w/ an EAP services, as well as the details of that interview, and any info about an employee's condition or treatment can't be revealed w/o the employee's consent. When an employee receives EAP services as the result of a referral by her employer or manger, however, the employer or manger may be given limited info. (i.e he/she can be told if employee kept the appointment, whether the employee needs treatment, and whether the employee accepted the treatment). employer/manager shouldn't be given any other private or confidential info about the employee w/o employee's consent

Code of Ethics as Basis for Adjudication in Matters of Ethics

-when an NASW member is accused of ethical misconduct, the matter is subject to a peer review process. a complaint may be heard and adjudicated by a committee known as a committee on inquiry. committee looks into the alleged ethical violation to determine if any wrong-doing has occurred. committee reports findings to NASW board of directors. punishments (aka professional sanctions) are imposed when a social worker is found to have committed an ethical violation. most common punishments influence required retraining and counseling for a specified period of time, pubic notification of violation, probation of social worker's NASW membership status, and expulsion from the NASW

Client is dangerous to others

-when client poses danger to others but no potential victim is readily identifiable, hospitalization may be indicated, and involuntary hospitalization would necessitate a breach of confidentiality -when a victim is readily identifiably, you are required to warn intended victim against such danger, notify police, or taking reasonably necessary under the circumstances -Tarasoff Case (duty to protect/warn) -"serious threat of physical violence" -"identifiable person/victim" or place

Ethical Responsibilities as Professionals--Competence

-you should accept responsibility or employment only on the basis of existing competence or the intention to acquire the necessary competence -you should seek to become and remain proficient in your professional practice and the performance of your professional functions -you should critically evaluate and stay current w/ new knowledge related to social work -you should routinely review the professional literature -you should participate in continuing education related to social work practice and social work ethics -you should base your practice on recognizing knowledge, including empirically based knowledge, related to social work and social work ethics

Advising Clients of the Limits of Confidentiality

-you should discuss when a) the circumstances when confidential information may be requested and b) when disclosure of confidential information may be required by law. -discuss ASAP in the relationship and during course of relationship -often found in office policies form that clients read and sign at the beginning of therapy and HIPAA's privacy rule requires therapists to provide clients w/ a written Notice of Privacy Practices at or before the beginning of treatment that indicates how protected health information will be used and disclosed

Process of engagement

1. becoming engaged with each other 2. assessing a client's situation in order to select appropriate goals and the means of attaining them 3. planning how to employ these means

Empathic communication

1. establish rapport with clients 2. starts where a client is 3. increases the level at which clients explore themselves and their problems 4. responds to a client's nonverbal messages 5. decreases defensiveness and engages a client in processing and testing new information 6. defuses anger that represents obstacles to progress

Middle Phase of Intervention

1. goal selection 2. prioritization 3. goal achievement

Purposes of NASW Code of Ethics

1. identify core values on which social work's mission is based 2. summarize broad ethical principles that reflect the profession's core values 3. establish a set of specific ethical standards that should be used to guide social work practice 4. provide ethical standards to which the general public can hold the social work profession accountable 5. socialize practitioners new to the field to social work's mission, values, ethical principles, and ethical standards 6. articulate standards that the profession can use to assess whether social workers have engaged in unethical conflict 7. designed to help you identify relevant considerations when professional obligations conflict or ethical uncertainties arise

6 Steps in Ethical Problem-Solving

1. identify ethical standards as defined by NASW 2. Determine whether there is an ethical issue or dilemma. 3. Weigh ethical issues in light of key social work values and principle as defined by the NASW. 4. Suggest modifications in light of the prioritized ethical values and principles that are central to the dilemma. 5. Implement modifications in light of prioritized ethical values and principles. 6. Monitor for new ethical issues or dilemmas.

Last Phase of Intervention- operation and termination

1. operation: actual implementation of activities decided on in goal selection. 2. goal implementation 3. evaluation

Stages of Professional Development

1. orientation and job induction 2. autonomous worker 3. member of a service team 4. development of specialization 5. prepration to be mentor or supervisor

Beginning Phase of Intervention

1. problem recognition 2. problem definition 3. Information Gathering

Ethical Issues/Concerns Involved with Selecting a Study Design

1. research must not lead to harming clients 2. denying an intervention may amount to harm 3. informed consent 4. confidentiality

Core Values of the Social Work Profession

1. service: as social worker, your primary goal is to "help people in need and to address social problems" 2. social justice: you challenge social injustice and work to bring social change w/ and on behalf of individuals and groups, especially those who're vulnerable and oppressed 3. dignity and worth of the person: you respect the inherent dignity and worth of the person (e.g treat each person in a compassionate and respectful way, respect cultural and ethic differences, and promote your clients' self-determination whenever it's socially responsible to do so) 4. importance of human relationships: you recognize the central importance of human relationships (e.g engage clients and others who receive your services as partners in the helping process) 5. integrity: you have in a trustworthy manner 6. competence: you practice within your area of competence and develop and enhance your professional expertise

Payment for Services

1. social workers should ensure that their fees are fair, reasonable, and consistent with the service performed 2. social workers should avoid accepting goods or services from clients as payment for professional services. such "bartering" arrangements, may as create potential for conflicts of interest and exploitation, and inappropriate boundaries w/ a client -if you accept goods or services from a client as payment for your professional services, you bear the full burden of demonstrating that this arrangement will not harm the client or the professional relationship. very limited circumstances explore and engage in bartering w/ client (i.e you demonstrate accepted practice among professionals in your community, is viewed as essential for the prison of services, has been negotiated w/o coercion, and has entered at the request o the client and w/ client's informed consent) 3. social workers should not solicit a private fee or other remuneration for providing services to clients who are entitled to such available services through the worker's employer or agency 4. when setting fee you should give consideration to a client's ability to pay

Competence (ethical standard)

1. social workers should provide services and represent themselves as competent only within the boundaries of their education, training, license, consultation received, supervised experience, and other relevant professional experience. 2. social workers should provide services in substantive areas, use intervention techniques, or approaches that are new to them only after engaging in appropriate study, training, consultation, and supervision beforehand 3. when generally recognized standards do not exist with respect to an emerging area of practice, social workers should exercise careful judgment and take responsible steps to ensure the competence of their work, such as education, research training , consultation, and supervision 4. you must ensure that individuals who prepare you to use a new intervention or technique are competent in the intervention or technique

Cultural Competence and Social Diversity

1. social workers should understand culture and its function in human behavior and society 2. social worker's should have a knowledge base and be sensitive to their clients' cultures and be able to demonstrate competence in the provision of services 3. social workers should obtain education about and seek to understand the nature of social diversity and oppression with respect to race, ethnicity, national origin, color, sex, sexual orientation, age, marital status, political belief, religion, and mental or physical disability 4. you should recognize that strengths in all cultures

Informed Consent

1. social workers should use clear, understandable language to inform clients of the purpose of their services and ask questions 2. if clients are not literate, the worker should takes steps to ensure their comprehension 3. for clients lacking capacity to provide informed consent, workers should seek a) provide client w/ an explanation of the services to the services to the extent possible, based on her ability to understand the info., b) seek to obtain permission from an appropriate third party while informing the client and c) take steps to ensure that third party acts in a manner consistent w/ client's wishes and interests 4. when clients receive services involuntarily, workers should provide information about the nature and extent of services and her rights to refuse services 5. workers who provides services via electronic media should inform clients of the risks and limitations 6. informed consent should be obtained before audio or videotaping clients or permitting observation by a third party 7. when appropriate, you must obtain valid informed consent from a client in order to provide services 8. as part of obtaining informed consent, you must tell client the purpose of your services, risks related to service, limits of these services due to a third-party payer's requirements, relevant costs, reasonable alternatives, client's right to refuse or withdraw consent, and the time frame covered by the consent 9. must get client's informed consent before allowing third party to observe therapy sessions or other services provide to the client

Responding to a Colleague's Unethical Behavior

COE requires you to respond to ethical violations by social work colleagues. Primary reasons is to protect clients and the public from unethical social works, including form the harm that may result from a social worker's unethical behavior. COE allows social workers to determine best course of action: a) attempt to resolve the colleague's ethical infraction informally or b) use more formal channels by filing a complaint. social worker must also consider confidentiality (e.g have client sign release and let client determine if she wants to file a complaint herself)

Child Abuse Reporting

Child Abuse and Neglect Reporting Laws require social worker to make a report w/ an appropriate agency when, within their professional capacity, they know or have good reasons to suspect that a minor is being or has been abused or neglected. these laws grant immunity from civil or criminal liability when reports have ben made in good faith. a) basic reporting requirements: if the victim of child abuse is till a minor (under 18 y.o) and you learned about the child abuse within your professional capacity, you have an obligation to file a child abuse report. this is true even if the abuse happened a while ago and/or has ended. if faced w/ ambiguous reporting situation, you should generally either file a report or call a child protective service agency for counsel. b) adult reports of childhood abuse: an iterating dilemma may be posed when an adult client reveals to you that she was abused as a child. child abuse and neglect reporting laws don't usually require social works to make a report when an adult client discloses that she was abused before turning 18 y.o. you must, however, be alert to the possibility that the client's abuser may now be abusing other minors. if you have good reason to believe that client's abuse is still victimizing other minors, then you're obligated to file a report related to that current abuse. in this situation, discuss w/ client possibility of filing assault charges w/ the police or pursuing civil action for damages for the abuse she suffered. this should include a discussion of the possible negative effects or outcomes of the action, and you must allow client to make her own decisions.

Intrinsic Worth and Value of the Individual

Every person has dignity and worth and social workers should respect this and value and treat everyone in a caring and respectful manner.

Role Ambiguity

Lack of clarity of role

Case Mangement

NASW Standards for Social Work Case Management state that case managers, like all social works, must protect a client's right to privacy and appropriate confidentiality. you should explain confidentiality and its limits to the client, discuss that effective case management requires an exchange of info abut the client between the members of her helping network, and get signed releases of info from the client. -informal helpers, such as family and friends, aren't bound by ethical standards or laws that require them to protect a client's right to privacy and confidentiality. Many case mangers make decisions about sharing confidential info w/ informal helpers in a client's network on a case-by-case basis. One consideration is whether case manager believes that the informal helper can be taught to be reliable about confidential info. case managers use a method known as "widening the pool of confidentiality"

Social Work Core Values

Service, Social Justice, Dignity and Worth of the Person, Importance of Human Relationships, Integrity, Competence

Bioethical issues

abortion, artificial insemination, assisted suicide, cloning, contraception, life support, organ donation, sex reassignment surgery, stem call research, surrogacy and transplants.

Client's Right to Refuse Services

When clients are receiving services involuntarily, social workers should provide information about the nature and extent of services and about the extent of clients' right to refuse service.

Task groups

a forum to exchange information and give and receive feedback. task accomplishment emphasizes the group's productivity and requires that groups be well-organized and goal-oriented. Group maintenance refers to members satisfaction with the group and includes both emotional and social components.

Case Falls Outside the Boundaries of your Competence

a) seek info: although not an adequate way to compensate for lack of competence in a particular area b) seek supervision or consultation c) manke a referral

Incompetence of Colleagues

a) when you have direct knowledge of a social work colleague's incompetence, you should consult w/ that colleague, if feasible, to help the colleague take remedial action b) when you believe that a social work colleague is incompetent and the colleague has not take adequate steps to address the incompetence, you should take action through appropriate channels developed by your employer, the agency, the NASW, a licensing or regulatory body, and other professional organizations.

Minors engaging in sexual activity

all sexual intercourse w/ a female under the age of 18 who isn't the wife of the sexual partner is unlawful sexual intercourse (statutory rape), but not all unlawful sexual intercourse is reportable as child sexual abuse. guidelines: -sexual activity involving a minor under the age of 14 is ALWAYS reportable as child abuse, whether or to the sexual activity is consensual - if a sexual relationship includes a minor (any male or female under age 18) and that minor is being forced or corrected in any way to participate in the sexual activity, you must file a child abuse report. this is true even when the minor's sexual partner is also a minor -for consensual sex involving a minor, the following guidelines generally apply in most states and should be applied when answering exam questions: a) if the minor is aged 16 or 17, you should file a report if the minor's sexual partner is at least 5 years older than the minor b) if the minor is aged 14 or 15, you should file a report if the minor's sexual partner is at least 3 years older than the minor

spousal abuse/ partner abuse

as a social worker, you have NO reporting mandate in cases of spousal/partner abuse involving victims age 18 or over. you cannot disclose any confidential info about the situation w/o client's permission to do so.

Public Media

avoid including identifying info about clients, students, research subjects, etc., in lectures, writings, and other public media obtained permission to do so.

Past or Planned Criminal Behavior

client's confession to a crime she committed in the past is a privileged communication, and you have an ethical obligation to keep that info confidential unless the "crime" was child abuse or (in most states) elder or dependent adult abuse. similarly, you wouldn't be required to disclose info about a crime that a client intends to commit in the future unless that crime meets the standards of duty to protect/warn situation

Military Settings

confidentiality shouldn't be breached. Department of Defense rules and policies, however, may require breaches of confidentiality that would, in other settings, be unethical or illegal. in particular, military rules state that a) confidentiality can be breached w/o client's consent when a federal law, state law, or service regulation imposes a duty to report info., and b) privilege can be broken to ensure safety of military personnel and/or the accomplishment of a military mission.

Superordinate goals

conflicts can sometimes be defused by deemphasizing the current conflict and focusing on the overriding goals that their parties can achieve only through cooperation with one another.

dichotomous "either-or" thinking

differences are inferior, wrong, bad versus differences are just different and co-exist

third party information about child abuse

even when you learn about child abuse from a third party, you must make a report if the information is revealed to you in your professional capacity. ex. if a client tells you her adult son often hits his 2 yr old when he misbehaves to the point of leaving cuts and bruises, you must make report (even though you didn't hear it from victim/perpetrator); if you overhear a contestation at supermarket which leads you to believe a child is being abused, you're not legally obligated to make report, you might do so as a private citizen

Bargaining

exchanging alternatives until an agreement is reached.

Problem-solving

flexible and open approach and requires that both parties have a minimum level of mutual trust and a willingness to consider the others point of view.

Malpractice Cases

for a client or other person to bring a claim of malpractice against a therapist, 3 conditions must be met: a) therapist had a professional relationship w/ the person, which established legal duty of care, b) therapist has breached that duty by acting in a way not consistent w/ the expected standard of care, and c) as a direct result of the breach of duty, the person has suffered harm. therapists' actions don't have to be malevolent, but there must be evidence that the therapist's actions are the cause of the harm suffered by the client -if in court, because confidential information may be necessary or relevant to the therapist's defense, therapist can disclose relevant confidential information during the legal proceeding, and the client cannot invoke th privilege to prevent the info from being admitted into legal proceeding -finally, a sued social worker may have to attend disposition. as a defendant, social worker would have to comply w/ this request. dispositions are one part of the legal process called "discovery." during discovery, one party in a lawsuit discovers facts and information from another party in a lawsuit. the facts and info allow the parties to identify the issues that'll be addressed during the trial. depositions consist of oral questions and answers (an "interrogatory" is the written equivalent of the deposition). testimony at a deposition takes place under oath and is recorded by a court reporter

School Social Worker

guidelines to help school social workers evaluate the need to share confidential info about students and their families: -should disclose info obtained from students or parents to other school personnel on a "need-to-know" basis and only for compelling professional reasons -when obtaining informed consent at the beginning of services, a school social worker should inform student and the student's family that he can't guarantee absolute confidentiality and should explain the limits of confidentiality. these limits influence his mandate to report known or suspected child abuse and to disclose info if a student indicates an intent ora plan to hurt himself or others -school social worker should be aware that parents have the right to inspect an review their child's education records; however, personal notes about a student kept by a social worker for his own use aren't considered educational records and are, therefore, confidential -in a situation where there aren't clearly defined laws or policies in place to help the social worker evaluate whether to share confidential info., the social worker should consider his responsibility to the student and weigh this against his responsibility to the student's family and the school community. social worker should consider two key questions: a) why's it important for this info to be shared and b) how would the student and the student's family benefit if I decided to share this info? -barring an emergency that immediately threatens the life of the student or another person, the social worker should involve the student and the student's family in decisions involving a breach of confidentiality before sharing any confidential information

Client is a danger to self (suicide)

if you believe client is at risk for suicide, you must take appropriate actions to ensure client's safety. depending on the level of risk, your actions may include attempting to establish a no-suicide contact w/ client, contacting client's family, or having client hospitalized.

Role conflict

incompatible or conflicting expectations

Bioethics

involves the philosophical study of ethical controversies arising from advances in biology and medicine. Belmont Report (1979) have influenced thinking of bioethicists across a wide range of issues. This document outlines ethical principles--autonomy, respect for persons, beneficence (doing good), and justice--are consistent w/ core values underlying social work practice

Persuasion

one member may attempt to persuade by providing factual info that is relevant to the conflict.

NASW Standards for the Practice of Clinical Social Work

page. 114-118

Commitment to Clients

primary responsibility is to promote the well-being of clients, however, social workers' responsibility to the larger society or specific legal obligations may on limited occasions supersede the loyalty owed clients

Storing Written and Electronic Records

protection confidentiality of clients' written and electronic records and other sensitive info requires you to a) take reasonable steps to make sure that clients' records are stored in a secured place and aren't available to others to obtain or read them, and b) transfer or dispose of clients' records in a way that protects their confidentiality and is consistent w/ your state's statutes concerning records and social work licensure

Transference

redirection of a client's feelings for a significant person to a social worker -positive transference: client transfers affectionate feelings to her social worker -negative transference: client transfers hostile feelings to her social worker

Countertransference

redirection of a social worker's feelings toward a client, or more generally, as a social worker's emotional entanglement with a client. -seek consultation before countertransference feelings and their potential consequences have a chance to damage your relationship w/ a client or otherwise interfere w/ treatment

Self Determination

respect and promote the right of clients to self-determination and assist clients in the effort to identify and clarify their goals - client's self determination may be limited if they pose a foreseeable or imminent risk to themselves or others

responding to subpoena

s: a legal document that requires the recipient to testify at a designated place and time, to provide records, or both. two types of subpoena: a) subpoena ad testificandum: orders a person to testify before the ordering authority or face punishment b) subpoena duces tecum: orders a person to bring physical evidence (e.g records) before the ordering authority or face punishment -COE states that if a legally authorized body, such as court of law, orders you to disclose confident/privileged info w/o a client's consent and you believe that such disclosure could result in harm to client, you should ask court to withdraw the order, try to limit the order as narrowly as possible, or keep the relevant records under seal, where they are unavailable for public inspection. "under seal" is a procedure allowing sensitive of confidential info to be filed w/ a court w/o becoming a matter of public record -other steps: 1) first step is to determine if subpoena is legally valid (invalid if outside your jurisdiction or improperly served 2) if valid, a response is required; however, you should call to discuss the implications of providing the requested info and obtain the client's consent to release confidential info if her consent isn't attached to subpoena: a) if client doesn't consent, you and your attorney can attempt to negotiate w/ the party who issued subpoena. if party continues to demand information be provided, you may seek guidance form the court informally through a letter or have your attorney file antoine to quash or modify the subpoena. b) if client does consent, you should release only only info that you believe is relevant to case unless others order by the court 3) when a request for confidential info arises for the fist time during testimony at a deposition or in court, you should claim the psychotherapist-patient privilege on behalf of the client's and refuel to provide info until ordered by the court to do so. note that you should claim the privilege even if you recognize that, under the circumstances, an exception to privilege applies because it's up to the court (not you) to decide whether or not privilege is waived 4) when court issues an order to provide testimony or produce documents and your efforts to have the order modified or vacated have been unsuccessful, you must comply w/ the order to above being held in contempt of court. disclose only relevant info to case and present subpoenaed records in a sealed envelop marked "confidential"

Client Self-Determination (Ethical Standard)

self-determiantion is an ethical standard that recognizes the right and need of clients to be free to make their own choices and decisions, including the following: -you respect and promote the right of your clients to self-determine whenever it's socially responsible to do so -you help your clients determine and clarify their goals and work to improve your clients' capacities and opportunity to change and meet their own needs -you may limit a client's rights to self-determination when, based on your professional judgement, you conclude that the client's actions or potential actions pose a "serious, foreseeable, and imminent" risk to self or others -when you can act on behalf of a client who lacks the capacity to make an informed decision, you should take responsible steps to protect the interests and rights of this client 1) Respecting and Promoting Self-Determination a) establish mutuality at the start of the relationship. mutuality refers to mutual efforts by you and the client to work on the same problem. communicating to you and client that you're equal partners in the helping relationship who're both responsible for what happens in the helping process b) facilitate decision making and problem solving: role induction is used at the start of the relationship to prepare clients for the helping process. your primary goal is to facilitate decision making and problem solving by the client, and, to do this you appropriately, must respect the client's right to and need for self-determination. the following guidelines help you do this: -when helping client explore alternatives and make decisions, you must respect the client's values and belief systems and avoid imposing your own. let client make decision, even if you disagree, she must live w/ it and has right and responsibility to make it. -you should expect client to work toward the intervention goals and convey this expectation to her. be willing to challenge or confront client when she's not making reasonable progress -avoid creating dependence; empower her to cope w/o your assistance -allow client to participate as much as possible in decisions that affect her life and keep her informed of what you're doing on her behalf. 2) Incompetency (Incapacity): if an adult isn't legally competent and cannot male all legal decisions for themselves, court will then appoint guardian to make decisions for them -incompetence: a) the person must be incapacitated in some way and b) as a result incapacity, person must be unable to care for herself for mange her own property. evidence of mental or physical impairment AND evidence of impaired adaptive behavior. -the person whom a guardianship is imposed is called a ward. many states however, limit the authority of a guardian to do certain things w/o a court order or express authorization - in most states, the following people may file a petition asking a judge to appoint a guardian for an adult person: the person who needs help, the person's spouse, another relative of the person, any interested state or local entity, or any other interested person or friend. the appointed guardian may be a family member, friend, or private professional guardian. in most states states, guardian can be an organization. for people who din't have friends or family available, a judge may appoint a public guardian -minors are considered legally incompetent and unable to make legal decision for themselves. a minor's parent(s) will make legal decision for minor. if morn has no parent capable of making legal decisions or no living parent, court'll appoint an adult to serve as legal guardian.

Client's Right to Privacy

social worker's should respect client's right to privacy and should not solicit private information from clients unless it is essential to providing service or conducting social work evaluation or research -right of individual to decide how much personal info can be shared w/ others

Disclosure of Confidential Information

social workers may disclose confidential information when appropriate with a valid consent from a client, or a person legally authorized to consent on the behalf of a client 1. social workers should inform clients, to the extent possible, about the disclosure of confidential information and when feasible before the disclosure is made 2. social workers should discuss with clients and other interested parties the nature of confidentiality and limitations of clients' right to confidentiality -client is "holder of the privilege:" client must sign waiver before social worker or other professional can release confidential info about her in a legal proceeding. an exception to this is if a client is a minor or legally incompetent. in these cases, guardian or parent has right to "waive" or "claim" the privilege on behalf of client

Client Self-Determination

social workers must respect and promote the right of clients to self-determination and assist them in their efforts to identify and clarify their goals. Social workers can limit a clients self-determination when the client is posing a threat to themselves or others.

Conflicts of Interest

social workers should be alert and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment and occasionally, protecting clients' interest may require termination of the professional relationship with proper referral of the client

Interruption of Services

social workers should make reasonable efforts to ensure continuity of services in the event that services are interrupted

Physical Contact Between Workers/Clients

social workers should not engage in physical contact with clients when there is a possibility of psychological harm to the client as a result of the contact

Consultation

social workers should seek advice and counsel of colleagues whenever such a consultation is in the best interests of clients - when consulting with colleagues about clients, social workers should disclose the least amount of information, or only relevant, to achieve the purposes of the consultation--shouldn't disclose identifying info about client unless obtained signed permission or there is a compelling need to disclose such info.

Clients who Lack Decision Making Capacity

social workers should take reasonable steps to safeguard the interests and rights of clients who lack the capacity to make informed decisions

Respect to Colleagues

social workers should treat colleagues with respect and represent accurately and fairly the qualifications, views, and obligations of colleagues

Interdisciplinary Collaboration

social workers who are members of an interdisciplinary team should participate in and contribute to decisions that affect the well-being of clients by drawing on the perspectives, values, and experiences of the social work profession - social workers for whom a team decision raises ethical concerns should attempt to resolve the disagreement through appropriate channels

Sexual Relationships Between Colleagues

social workers who function as supervisors or educators should not engage in sexual activities or contact with current supervisees, students, trainees, or other colleagues over whom they exercise professional authority - social workers should avoid engaging in sexual relationships with colleagues when there is a potential for conflict of interest

Role Discomplementarity

the role expectations of others differs from one's own

Role Complementarity

the role is carried out in an expected way, i.e. parent/child.

universalism

there is one acceptable norm or standard for everyone versus there are other valid standards that have been developed by people that they have determined to be most useful for them.

Legal Proceedings

to the degree permitted by law, you should protect the confidentiality of your clients during legal proceedings. if legal authorized body, such as court of law, orders you to disclose confidential or privileged info w/o a client's consent and you believe that such disclosure could result in harm of the client, you should a) ask the court to withdraw the order; b) try to limit the order as narrowly as possible; or c) ask the court to keep the relevant records under seal, where they are unavailable for public inspection

Clients who are court ordered

typically when a client is court-ordered, the court a) requires that the client attend a certain number of sessions as a condition of her probation, parole, or sentence, b) determines what info the therapist may not keep confidential, and c) requires that the client sign a release of info that permits her therapist to inform the court about whether or not the client complies w/ the court order - client may choose not to comply, but may be held in contempt of court -when a court has ordered a client to receive services, the client's right to confidentiality is NOT waived: you need release of info signed by client to discus her case w/ others, including court personnel or her probation officer

Teaching and Training

unless client has consented to disclosure of confidential info, you shouldn't reveal identifying info when discussing a client

Confidentiality When Working with Families, Couples, or Groups

when social workers provide counseling services to families, couples, or groups, social workers should seek agreement among the parties involved concerning each individuals' right to confidentiality and obligation to preserve the confidentiality of information share by others; cannot guarantee that all participants will honor this agreement families/couples -if there are "secrets" (ex affair), you should ASAP in the relationship, clearly state your and your agency's position w/ regard to keeping/sharing "secrets;" best policy is to let clients know that info given in a private session "will be divulged...as social worker sees fit in accordance w/ the greatest benefit for a couple or family. groups -members of a counseling or therapy group aren't ethically or legally required to maintain the confidentiality of what they hear from other members during group meetings

Providing Services to People who Have Relationship with Each Other

when social workers provide services to two or more people who have a relationship with each other, social workers should clarify with all parties which individuals will be considered as clients and the nature of the social worker's professional obligations to the various individuals who are receiving services

Role reversal

when two or more individuals switch roles

Adjudication Procedures for Ethical Violations

you must courage fully and in a timely fashion w/ the adjudicatory procedures of the committee of inquiry, peer review, and the state board; however, a complaint by a client to the licensing board or other professional association does not, in and of itself, grantee social worker the right to discuss the client's case or release the client's records. instead, when responding to such a complaint, you should disclose confidential info only if the client has signed a release. by filing a complaint, a client has, in most cases, given permission for her records to be released--your obligation then would be to verify this before disclosing confidential information or releasing the records -it would be helpful to hire a lawyer w/ experience in regulatory board -if a licensing board or other professional association asks you for your records on ancient, it would be inappropriate for you to summarize the records before submitting them

When Ethics Conflict w/ your Personal Values

you must deal w/ the conflict in a responsible way' if the situation or action is morally uncomfortable for you, but consist w/ the COE (and/or a law), you should put aside your discomfort and follow the COE (and/or law)

Preparing Written Records and Oral Reports

you must minimize invasions of privacy by including only relevant info in written records and oral reports. in written, document only info that's relevant

Transmission of of Using Electronic or Computer Technology

you must take steps to guarantee and maintain the confidently of into transmitted to others through computers, emails, fax machines, telephones, answer machines, and other electronic or computer technology. avoid disclosing identifying info about client

Deceased clients

you should protect the confidentiality of deceased clients in a manner consistent w/ confidentiality standards found in the COE. This means that you shouldn't relate confidential info after client's death w/o proper authorization

Third-Party Payers

you shouldn't disclose confidential info to third-party payers unless client has authorized you to do so

Attorney Request for a Client Records

you shouldn't release client's records based on just a request from an attorney w/o having consent from client to do so. judge might issues an order requiring you to release the records.