Evolving Ethics for Social Work Practice

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Evolving Ethics for Social Work Practice

• Tamitha R. Price, ACSW, LBSW-IP
• Executive Director
• NASW-Missouri Chapter

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Learning Objectives

• Understand the evolution of the professional code
  of ethics for social workers
• Compare and contrast the NASW Code of Ethics and
  ethical standards of state licensing board
• Enhance their ethical problem-solving skills for
  their practice

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Historical Periods of the Code

• The Code has evolved over time.
• Morality Period-Late 20th Century
• Values Period-Appeared 1950s
• Ethical Theory Decision-Making Period-Early
  1980s
• Ethical Standards Risk Management Period-1996
  to current

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History of the Social Work Professional Code of
Ethics

• 1919-First attempt at drafting a Code for the
  profession of Social Work-Mary Richmond credited
  in form of an Experiential Code
• 1947American Association of Social Workers
  created first formal code for the profession
• NASW-Established as the professional association
  for social workers in 1955 and adopts the first
  Code five years later in 1960 as the guide to
  the everyday professional conduct of social
  workers in the profession

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History of the Social Work Professional Code of
Ethics (cont.)

• Revised Five Times Since Its Creation
• 1979More comprehensive than first and useful for
  resolving ethical conflicts,
• 1989Eliminated Standards that prohibited the
  solicitation of clients to a private practice
  because of a consent agreement with the Federal
  Trade Commission (FTC) and in recognition of
  client self-determination,
• 1993Added Standards pertaining to Dual/Multiple
  Relationships and to impaired social workers,
• 1996Modified numerous areas of the Code and made
  it more comprehensive
• 2001Clarified Language around the areas of
  Privacy Confidentiality

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Purpose of the Code for Todays Practice

• Guide Practitioners in resolving ethical
  dilemmas that arise in practice
• Protect the public from incompetent
• To Protect the Public
• To Describe the Responsibilities Expectations
  of Social Workers to their Clients, Colleagues,
  Employers and the Society

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Purpose of the Code for Todays Practice (cont.)

• To Assist the Social Worker in Developing Ethical
  Problem and Decision Making Skills as well as
  Develop Strategies to Address the Ethical
  Dilemma.
• To Summarize the Social Work Professions Mission
  and Core Values

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Code of Ethics

• Professional Sections
• Preamble-summarizes the social work
  profession's mission and core values
• Purpose-provides an overview of Codes main
  functions and a brief guide for dealing with
  ethical issues or dilemmas in social work practice

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Code of Ethics (cont.)

• Professional Sections (cont.)
• Principles-presents broad ethical principles,
  based on social works core values, that inform
  social work practice
• Standards-includes specific ethical standards
  to guide social workers conduct and to provide a
  basis for adjudication

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Professional Code vs. State Licensure Regulations

• Code applies to all degreed professionals within
  the field of practice
• Code is regulated by professional association
• Code incorporates values, principles and
  standards
• Code has the highest level of practice
  expectation
• Code is directed towards the professional

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Professional Code vs. State Licensure Regulations
(cont.)

• State Regulations only apply to those who are
  licensed within their jurisdiction
• State Regulations are minimum standards of
  practice
• State Regulations are directed at protecting the
  public or consumer of the service

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Identify Ethical Dilemmas

• Review the Following Situational Questions
• Am I having a conflict with my practice around
  the issue of the Law?
• Am I having a conflict with my practice around
  the issue of My Own Personal Views?
• Am I having a conflict with my practice around a
  Section of the Code of Ethics?
• Am I having a conflict with my practice which has
  a lot of Gray Area?

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Steps for Ethical Problem Solving

• 1. Determine - - Is there a conflict of values,
  or rights, or professional responsibilities?
• 2. Identify - - What meanings and limitations
  are typically attached to these competing values?
• 3. Rank - - What reasons can you provide for
  prioritizing one competing value/principle over
  another?

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Steps for Ethical Problem Solving

• 4. Develop - - Have you conferred with clients
  and colleagues, as appropriate, about the
  potential risks and consequences of alternative
  courses of action?
• 5. Implement - - How will you make use of core
  social work skills such as sensitive
  communication, skillful negotiation, and cultural
  competence?
• 6. Reflect - - How would you evaluate the
  consequences of this process for those involved
  client (s) professional (s) and agency (ies)?

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Case Scenario 1

• In the course of treatment of a coworkers former
  client, a social worker learns that the client
  and her former therapist were sexually involved
  during the same time that they had engaged in a
  professional relationship. The clients reports
  that she has not told others in the agency about
  the relationship. The social worker would like
  to discuss the issue with her supervisor and the
  clients former therapist-lover. The client
  prefers that the social worker not discuss this
  matter with her former therapist or with
  supervisory staff at the agency.

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Code Review for Case Scenario 1

• 1.03 a
• 1.02
• 1.07 c,e
• 1.09 a
• 2.05 a,c
• 2.11 a,b,c,d

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Scenario Commentary 1

• Competing Values
• Clients right to Self-Determination
• Therapist unethical behavior with client
• Agencys integrity
• Additional Factors
• Social workers competence (education
  experience)
• Agencys integrity

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Scenario Commentary 1 (cont.)

• If factual-social worker could seek consultation
  from regulatory board and professional
  association revealing minimal information
• Unless the client chooses to take action, there
  is no legitimate action to be taken by the social
  worker
• If ongoing and assessed as detrimental to the
  client, the social worker may need to define and
  describe the limits to confidentiality and the
  necessity to take action

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Scenario Commentary 1 (cont.)

• If the client has signed an informed consent form
  that included explanations regarding the
  exceptions to confidentiality, then the social
  worker, together with the client, could make a
  plan how to proceed
• The clients right to self-determination and
  confidentiality must prevail
• The social worker does not have direct knowledge,
  that is, evidence, of an ethics infraction as the
  basis for taking action.

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Case Scenario 2

• A substance abuse treatment social worker who
  works with a client who has lost her license to
  drive after a recent arrest for driving while
  intoxicated sees the client drive to the agency
  for her session. During the counseling session,
  the social worker comes to believe that the
  client is under the influence of alcohol. The
  client shares with her social worker her
  frustration over her need to drive to work and
  other essential places as justification for her
  decision to occasionally drive without her
  license.

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Code Review for Case Scenario 2

• 1.07 c,d,e
• 2.05 a

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Scenario Commentary 2

• The standard exceptions to confidentiality
  include disclosure of information shared by a
  client when it is necessary to prevent serious,
  foreseeable, and imminent harm to a client or
  other identifiable person or when laws, such as
  mandatory laws to report child abuse, require
  disclosure without a clients consent. A social
  worker should be knowledgeable about or obtain
  proper consultation about relevant laws and
  regulations concerning disclosure. One might
  argue that the loss of ones drivers
  permit-unlikely as a consequence of a first
  offense-constitutes a dangerous situation and
  holds the possibility of harm to the client or an
  innocent other.

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Scenario Commentary 2

• In a setting that regularly treats substance
  abusers, however, the agency should have
  definitive policies in place regarding
  confidentiality and the circumstance that can
  lead to disclosure of information without
  consent. So one should be able to presume that
  the client is aware that her disclosure, could be
  reported or acted on. The social worker will
  have to do an objective assessment of the
  clients state of functioning and her reliability
  in making and following through on a plan to
  rectify her wrongdoing and get her life and
  treatment back on track.

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Scenario Commentary 2

• In the absence of a strong assurance of that
  outcome, the social worker may have to notify a
  law enforcement agency immediately or take other
  measures to prevent the client from continuing to
  drive while intoxicated and without a permit.
  This, however, should come as no surprise to the
  client. The client's problem of needing
  transportation to works should be addressed as a
  separate but important issue.

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Questions