Social Work Ethicscopyright 2012 Monica Bogucki

Social worker and lawyers professional licensing rules Consequences for ethical violations

Suspension of license Reprimand Disbarment or revocation of license Conditions placed on license

Attend chemical dependency counseling Practice under supervision of another

professional

Social Workers Code of Ethics Minnesota Rules 8740 et. Seq. How do the code of ethics in the

Minnesota Rules differ from the NASW Code of Ethics?

Ethics Analysis

First question in the ethics analysis is

Who is your client?

Mary, your client has Lou Gehrig’s Disease (ALS). Mary is thirty-five years old and lives at home with her boyfriend, Frank. Frank is verbally abusive to her and is verbally abusive to Mary’s personal care attendants. Mary wants to stay home. Many times she has gone without personal care attendants because of Frank’s verbal abuse. Mary says Frank takes care of her. You have noticed that Frank is not taking very good care of Mary. What are the social worker’s ethical

issues? What are Mary’s lawyers ethical issues?

Minn. Rule 8730.0310, subpart 1

“A social worker’s primary professional responsibility is to the client. A social workers shall always act to protect or preserve the client’s interests. Including the interest in self-determination, when making decisions that affect a client.”

Mary’s Lawyers Ethical Obligations Minnesota Rules of Professional

Responsibility 1.2 “A lawyer shall abide by the client’s

decisions concerning the objectives of representation….”

The lawyer is not a mandated reporter. The lawyer must provide Mary legal

counseling regarding her options.

Beth is eleven-years old. She has been in foster care for eight months. Beth’s mother is an alcoholic with bipolar disorder. For years, Beth endured chaotic and dangerous times while living at home. About eight months ago, Beth told her school social worker what was happening at home. Child protection intervened and filed a CHIPS petition. Beth’s mother, Mary has finished her inpatient chemical treatment program. She is also taking her medication for her bipolar disorder.

Beth wants to go home because she misses her mother. The child protection worker believes her mother is in a fragile state of recovery and does not want Beth to go home at this time. Beth told her lawyer that she wants to go home as soon as possible?

What are the social worker’s ethical issues?

What are the lawyer’s ethical issues?

Social Worker’s Ethical Issues Who is the client? Best interests versus self determination Minn. Rules 8740.0310, subpart

Social Worker’s Ethical IssueWho is your client Beth or the

county agency?

Beth Beth does not want to go home CPS worker does not want Beth to go

home, but CPS worker’s supervisor insists that Beth go home because of the county budget.

Beth’s Lawyer’s Ethical Issues Must follow client direction. Beth’s lawyer has to advocate for what

Beth wants.

Ann, a county social worker, works in the adoption unit. Nathan, her client is a happy child; however, Ann has noticed that he has the characteristics of Fetal Alcohol Spectrum Disorder. Currently, Nathan has not been assessed for this. In the case notes, a former social worker indicated that Nathan’s mother drank alcohol while she was pregnant. Ann is concerned that if he is FASD that he will not likely be adopted. Ann is not going to get him assessed. Ann is not going to tell the pre-adoptive parents that Nathan may have FASD.

Social Worker’s Ethical Issues What are Ann’s ethical obligations to

Nathan? What are the risks of not having Nathan

assessed?

What is in Nathan’s best interests? How could he be harmed by not having

an assessment? Minn. Rules 8740.0320 subpt. 1 “ A

social worker shall base treatment and intervention services on an assessment or diagnosis. A social worker shall evaluate, on an ongoing basis, the appropriateness of the assessment or diagnosis?”

Subpart 5. “ A social worker shall make and maintain current and accurate records,…”

Attorney’s Advice The county attorney should be concerned

about a Wrongful Adoption litigation in the future.

The adoptive family is entitled to full disclosure.

Nathan is entitled to his full Adoption Subsidy, other benefits and services

“ A lawyer shall not counsel a client to engage, or assist a client in conduct the lawyers knows is criminal or fraudulent….” MPR Rule 1.2

Billy, a fifteen-year old young man, told Molly, his school social worker that he is being physically abused by his mother, Susan and Gene, his mother’s boyfriend. Bill told his mother that he is gay. Susan and Gene asked Billy to leave home. Billy is an honor student. He has no family or friends to help him. Molly made a report to child protection. The child protection worker told Molly that Bill is too old for this to be a report. The CPS worker will not take the report. The CPS worker is a licensed social worker and believes that this policy is contrary to state law

The CPS worker is a single mother and is afraid of losing her job. Her supervisors tell her this the policy.

Social Worker’s Ethical Issues Minn. Rules 8740.0310 subpt. 1 “ A

social worker’s primary professional responsibility is to the client.”

Billy’s lawyer Would discuss Billy’s legal options with

him File private CHIPS petition Find family member to file for Third Party

Legal Custody Order for Protection Other

Sam is a veteran who suffers from Post Traumatic Stress Disorder and some paranoia. He recently denied veterans’ benefits. He told his social worker, “ I am going to get those guys. They will be sorry they did this to me. I learned a lot of thinks in the war that I can use on them. I have a right to get these benefits.”

Social Worker’s Ethical Issues Duty to Warn

Minn. Rules 8740.0330 subpart 2 Client communicates

Specific, serious threat of physical violence Against a clearly identifiable individual Or against client’s self or against society in

general

Duty to Warn continued “The social worker shall release this

information to law enforcement and other appropriate authorities and to the potential victim, or as appropriate, to the victim’s legal representative.” Minn. Rules 8740.0330, subpart 5

Marie is a social worker for a county child protection agency. She is a licensed social worker. Marie supervises eight social workers. Four of the social workers are licensed. (In this state, county social workers do not have to be licensed.)

Marie notices that Henry one of the unlicensed social workers is not competent. He recently missed an important issue in a case which put the child at great risk. Marie decides to test Henry on basic social worker principles. He fails the test.

Social Worker’s Ethical Issues “ A social worker shall not delegate a

responsibility or assign a task to another individual when the social worker knows or reasonably should know that the other individual is not licensed or competent to assume the responsibility or to perform the task.” Minn. Rules 8740.0315 subpart 5