Legal and Ethical Issues

Abstract

This podcast discussed the steps taken upon graduation and obtaining a degree in social work. Before one can actually practice in the field of social work there is a licensure exam that must be taken in order to be considered a social worker. This exam testis you on legal and ethical issues in the social work practice. As a social worker we are expected to make ethical decisions, and follow the National Association of Social Work code of ethics as a guide for professional conduct and assessment or decision making.

Introduction

Memorizing the NASW code of ethics will not help one who is seeking to be a licensed social worker. When taking the licensure exam there is no need to memorize the NASW code of ethics. As a graduate of an accredited university we should be familiar with the principles of the codes based on the NASW. When responding to the questions on the licensure questions your answers ought to be based on your professional standards and the nationwide laws and regulations not on the particular agencies policies, rules and regulations by the rules that are applied to social work nationwide. This doesn’t mean that you throw those rules and regulations out the door, they’re just don’t apply to the situations and questions asked in the exam.

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For the most part the NASW code of ethics is your primary resource; however it does not give the worker a precise list of rules of on how you should react in every situation. Unfortunately The National Association of Social Work code of ethics includes general information. However in a number of situations, ethical decision making will require the worker to consider laws governing the social work practice, as well as values and ethical principles. Values can occasionally get in the way with decision making that’s why its important that social workers remember to not let their personal values enter into the clients situation, the only values that a social worker should use are the social work values which are included in the code of ethics. Ethical principles on the other hand are meant to serve as a guide to what is right and wrong.

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On the social work exam, there will be questions that will be dealing with how one should handle legal and ethical issues that will affect the social work practice. It is found a lot of the time that certain agencies may not follow the same policies, rules and regulations as the code of ethics due to the different state laws around the world. However when taking the social work exam selecting the right answer to your knowledge it must be based on your professional standard of the laws regulated nationwide.

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Every client that a social worker works with has the right to confidentiality which means that what is said between the client and worker will not leave the doors of that workers office. In order to ensure the client of their rights of confidentiality the worker must first obtain valid formal consent from the client, this also goes for those clients who have been authorized by the courts, prisons or companies. When attempting to obtain a valid consent from the client there are four characteristics a worker must perform. The client must be able and agree to consent to therapy. The worker must present the client with all considerable information that might affect his or her decision to enter treatment, as it relates to the client and his or her environment. Next, the client must give his or her consent freely; the client must not be forced or pressured. Lastly, the consent form must be properly documented; this means that the worker should attain a formal signature on a printed consent form. In cases where the client is mentally challenge or physically unable to do so this task can cause some problems or make things a little difficult.

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Under certain circumstances the confidentially contract can be broken, without the clients consent. These circumstances include situations where the law calls for information or when the client plan to hurt another person or him or herself. In some cases like seeking to get other professional help from additional counselors or doctors, the worker must ask or inform the client before attempting to break confidentiality. The code of ethics makes it clear that the worker cannot discuss detailed information about a client’s case with other people if the client is not aware of it or has not approved of it.

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Confidentially is an important value that social workers must keep in mind when working with a client. The confidentiality agreement form the worker, by law, must obey all laws if not they will face penalties and in most cases will result in laws suit against the worker or even the company they worker for, or it can even result in the loss of the social workers license. Another important reason to follow the confidentiality agreement is for the safety of the worker due to small communities and some common areas that people go to the worker may come into contact with the client by accident so it is recommended that the worker do nothing to jeopardize the clients confidentiality (never know what the client may do if the find that you have broken the agreement.)

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“The duty to warn” was a court’s decision for social workers and other professions after The Tara Soft, which took place at a University in the state of California. This act protects the intended victim if threats are made to the worker by the client. If a client threatens to harm the worker or their family or against an identified victim, it is the responsibility of the worker to first inform the proper authority as well as notify the intended victim. A worker should never wait or let days go by before notifying the proper authority and they also should not assume the client does mean what they are saying or assume that they are only talking out of anger.

What is most interesting about this podcast?

The most interesting section of this podcast, in my opinion was the discussion about the exam and the types of questions that will be ask. I also enjoyed the discussion about the importance or the confidentiality agreement, the four characteristics that must be obtained and the consequences it may have on the worker if the agreement is not followed.

What can you share with other students about this podcast?

I would share with other student from this podcast would be the importance of taking the confidentiality contract seriously. Reminding them that no matter how juicy they may think the information or story they may have heard from the client it’s not worth losing their job, license or worth being sued. The world is so small it’s just a matter of time before the juicy story you told a friend about gets back to the person it was originally about.

Reference
Ethics & Professional Issues. Association of Social Work Boards, Audio.