Legal and Ethical Issues

Abstract

The social work examine will include questions about legal and ethical issues affecting social work practice. You need to know the principals and values of the NASW code of ethics. When answering questions don’t apply any rules or regulations that are specific to the agency where you work. As a social worker when making ethical decisions you should use the NASW code of ethics to guide your professional conduct and decision making in situations that have ethical implications.

Introductory Sentence/ Opening Thought:

The NASW code of ethics should be you primary leader when making ethical decision. It is essential to know the principals and values of the National Association of Social Workers code of ethics.

Factual Paragraph #1

Code of ethics should be your primary resource. But the code of ethics does not give you explicit rules of conduct that defines precisely how you should behave in every situation. The code contains general information and you are to apply your decisions based on your understandings. In some situations ethical decision making will require to you to consider laws governing social work practice. You can’t apply laws that are only in one state. There are some laws that are applied in all states. One example is the laws that govern what kind of activities social workers are allowed to engage in, For instance a client wanting legal advice such as advice regarding divorce or preparing a will must be referred to an appropriate legal profession. Values can sometime effect ethical decision making. Ethical principles standard for a profession are meant to serve as a guide to what is right or wrong. Values are more abstract and related to what one person or group consider desirable. Values that social work consider desirable are incorporated in code of ethics. Examples include a commitment to the primary importance of the individual in society, and respect for confidentiality in the client social work relationship. In some situations you may find that your personal values are at odds with the code of ethics.

Factual Paragraph #2

You must attain a valid consent form for your client. The need to obtain a formal consent even applies when a client has been ordered by a court to attend therapy. Valid form consent usually acquire that four things are met. First, the client must have the capability to consent to therapy. Second, must provide the client with all significant information that might affect his decision to enter treatment including nature and purposes of you services related to them. The client must give his consent freely and without undue influence. Finally, the consent form sent must be appropriate documented, meaning, that you should obtain a formal sign written consent. The client must be able to understand the information you give him about your services, this can be complicated when a client is a minor, mentally retarded and or mentally disable.

Factual Paragraph #3

Confidentiality is the right to privacy which refers to the basic right of an individual to decide how much personal information can be shared with others. You can not disclose any of the client information without their permission. You can when the client or a legally authorized person such as a minor parent client has consent with disclosure. Second, to a consultant public presentation without the client consent if the client identity is adequately disguise. Third you can break confidentiality under specific circumstance defined under the code or ethics or law. To serve a client best interest you often need to share confidential information with other agencies and professional who are involved in his case. Sometime you have to share information to family members and teachers. You should release raw test data to another profession who is qualified to interpret them. In addition, you must only provide information that is clearly relevant to the request. When speaking to an consultant about a client case you are not to disclose any identify information about the client unless you have obtain the client consent unless an compelling need to disclose certain information without his consent.

Factual Paragraph #4

According to ethical standards you can and disclose confidential information without the client consent under the following circumstances when disclosure is needed in order to prevent serious harm to the client or another identifiable person or when law regulations require disclosure without consent. You can violate confidentially it you believe the client to be in danger or another person, And or you reasonably suspect or know child abuse has occurred. Code of ethics make it clear that you cannot discuss specific information about a client case with other people without the client consent unless there are compelling professional reasoning for breaking the client confidentiality. Tar sol case in California court decision establish a duty to worn or protect the intended victim of the client threat. So if the client make a threat against an identify victim an attempt to protect the victim in most cases this will involve notifying the police and warn the victim.

Factual Paragraph #5

When your client is a minor when you provide professional services to a minor his parents or legal guardians have a legal right to be given information about his treatment. At the beginning of treatment you should clarify that the minor and his parents the conditions surrounding the release information. When a person asks about their child treatment you must consider three things. From a legal perspective the parents of a minor client have the right to receive information from you about their child therapy. Second, for an ethical standpoint a minor client has the right to a confidential relationship with you. Third for a clinical perspective you should consider how the client interest will be served if the parent receive the information. NASW standard of practice with adolescents states that social workers must maintain confidentiality in their relationship with adolescent’s client and of the information attained in the relationship.

Factual Paragraph #6

Privilege refers to an individual legal right to prevent or attempt to prevent confidential information from being revealed. The client is the holder of privilege. The client decides whether confidential information can be shared. Dual or multiple relations are not allowed.  Boundaries are drawn between therapists and clients rather than around them and include therapists’ self-disclosure, physical contact (i.e., touch), giving and receiving gifts, contact outside of the normal therapy session and proximity of therapist and client during sessions.

What is most interesting about this podcast?

This whole podcast was interesting because it gives you tips for the social work exam. It tells you the legal and ethical issues you must now when dealing with clients. The most interesting thing from the podcast was the need to obtain a formal consent even when a client has been ordered by a court to attend therapy. Another interesting fact was the exceptions on when you can violate confidentiality.

What can you share with other students about this podcast?

I would recommend all social work students to listen to this podcast. This information is every essential and beneficial. All students must know the rules and regulations that are in the code of ethics to pass the social work exam.

Concluding Sentence/ Closing Thought:    

In conclusion, the code of ethics should be your primary resource. Confidentiality is the right to privacy which refers to the basic right of an individual to decide how much personal information can be shared with others. You can not disclose any of the client information without their permission. You must attain a valid consent for your client. The need to obtain a formal consent even applies when a client has been ordered by a court to attend therapy.