MSW-6005 Week 3 Assignment (1)

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Dec 6, 2023

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Analyze Regulations to Address Ethics Violations Maenell Hendricks JFK School of Psychology and Social Sciences, National University Course code: MSW-6005 Dr. Earl Bradford Smith October 28, 2023 Analyze Regulations to Address Ethics Violations

By means of description, the social work field is a career that inherently involves practitioners establishing relationships with other individuals. This connection is classified as professional as well as governed by regulations and recognized standards which provide more clarification about its nature. A professional engages in multiple relationships when they take on an additional position with a client, such as being a clinical therapist, a companion, employer, educator, business colleague, household member, or sexual partner (Carney & McCarren, 2012). A practitioner can participate in a double relationship even if the second connection starts before, throughout, or after the relationship between the two. The purpose of this paper is to describe a case demonstrating the ethical principles of dual relationships between a social worker and client, provide a complete description of a situation where dual relationships are evident, examine the issues associated with boundary violations and possible outcomes if the dual relationship continues, identify potential risks for both the social worker and the client, describe the jurisdictional regulations, potential penalties and sanctions that could be imposed on the social worker, and define the disciplinary process that is outlined from the social work board. The Situation Many individuals choose a career in social work with the intention of assisting others in his/her personal development and improving their living conditions. However, social workers should establish and maintain distinct limits when interacting with clients/patients to ensure professional dignity and accountability. In this case, there was a situation where a 15-year-old female client was referred to an agency for depression. After engaging with the client, the social worker began working with the client. Over the course of two months, the social worker’s and the client's relationship grew into a trusting relationship, but unethical.

One day, the client got into an altercation at school and called her social worker to explain what had occurred. The social worker took it upon himself to go to the school and pick up the client. As the client got into the car, he noticed the aroma of marijuana. The client confided in the social worker that she had been smoking marijuana consistently on a daily basis, and the social worker dismissed the confession as if it wasn’t an issue. The client’s mother received a call from the school that her child was picked up by an adult male. When the social worker and client made it to the client’s home, the mother was displeased that her daughter was driven home by the social worker. She began to express that he and her daughter were getting too close for comfort. As the social worker began to apologize, the client’s mother sensed a strong odor coming from her daughter’s clothing. She asked her daughter if she had been smoking marijuana. The daughter looked at her social worker, and turned to her mother and replied, “no.” The client thanked her social worker for giving her a ride home and ended the goodbye with a hug. The mother was very upset and took her daughter’s cell phone as punishment. Because the mother was suspicious of the connection her daughter had with the social worker, she decided to go through her daughter’s call log and text messages. The call log had revealed that the client and the social worker had been calling one another every day, totaling 18 calls within a 24-hour period. Nonetheless, there were not any text messages visible between the two. The mother was concerned about the amount of contact her daughter had with the social worker and expressed her concerns with the social worker. Issues, Boundaries, and Potential Risks The scholarly research in the domain of social work affirms that multiple connections with relatives, friends, and colleagues are particularly troublesome due to their complexity and the

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challenge of maintaining impartiality (Carney & McCarren, 2012). The issue here with the client and the social worker is that the social worker not only developed a professional-client relationship, but a friendship as well. This can be problematic for the social worker and the client. The social worker crossed boundaries when he provided his client with his personal contact information (Handon, 2018). Other factors that may be signs of violation are spending long hours on the phone with the client, giving the client rides, concern from the parent(s), and hugging as a form of comfort (Handon, 2018). For the social worker, the dual relationship can result in conflicts of interest, ambiguity in roles, breaches of boundaries, and disparities in authority. Also, when engaging in multiple relationships, it may have detrimental effects on the client, as it can erode their trust, self-determination, and hinder their development in treatment. Additionally, these risks can have the potential to subject the social worker to legal and moral grievances, penalties, and litigation. This is why it is essential to know the regulations within one’s jurisdiction. Jurisdictional Regulations In the state of Wisconsin, anyone who is preparing to become a licensed social worker, must have completed his/her education, completed 3,000 hours (about 4 months) of supervised field practicum, verification that the program was accredited, has successfully completed the required exams, verified credentials within the jurisdiction, and a completed background check to ensure that the applicant does not have any pending charges that relate to the profession (Wisconsin State Legislature). The social worker must also acquire a training certificate and one year of employment in social work. Additionally, the social worker must ensure ethical decision-making by adhering to the principles outlined in the NASW (National Association of Social Workers) Code of Ethics when providing social work assistance to patients, and by following all

Wisconsin statutes and administrative regulations, as appropriate (Wisconsin State Legislature, n.d.). Wisconsin also lawfully recognizes a list of unprofessional behaviors that a social worker must not partake in, which is Unprofessional Conduct, mentioned under Chapter 457 Stats. To name a few, the social worker is in violation if he/she engages in sexual activity with a client or past client, not avoiding multiple relationships that might compromise the neutrality of the certified individual, and gross negligence (Wisconsin State Legislature). Disciplinary Process The field of social work Governing boards and committees are established and given authority by the passing of laws aimed at regulating the profession to ensure public safety. The responsibilities associated with safeguarding the public by enforcing the practice acts happen to be intricate, legally oriented, and need the involvement of board members, extra board personnel, investigators, lawyers, and other individuals vital to accomplish this crucial duty. The disciplinary process begins with the intake process. Complaints are accepted and reviewed by the Division of Legal Services and Compliance (DLSC) (DSPS Case Handling Process, n.d.). Personnel carefully review documents of the allegation(s) and associated material to see whether an inquiry is justified. If the complaints do not deserve an inquiry they are concluded. Complaints that demonstrate validity, or need more examination, are recognized for investigative measures and are then initiated. The next stage is the investigation stage. The detective and lawyer collaborate to formulate an investigation strategy. The investigative personnel collect essential evidence and establish communication with witnesses as required. The third phase is legal action. During this phase, DLSC compliance lawyers assess the findings of the probe and take necessary measures to enforce disciplinary actions (DSPS Case Handling Process, n.d.). Cases may be resolved by negotiated agreements, unofficial settlement meetings, or

administrative penalties. The case advisor will be asked for aid with aspects pertaining to their professional knowledge and their perspective on the suitable settlement of the matter (DSPS Case Handling Process, n.d.). Next, is the phase of auditory perception, also referred to as the Hearing Stage. This is a formalized legal procedure that occurs when no suitable settlement is attainable at the stage of Legal Action. The attorney from the DLSC engages in legal proceedings before a judge. The Administrative Law Judge (ALJ) releases a preliminary ruling that undergoes evaluation by the certifying board or agency. Should a breach be detected, disciplinary action may be enforced. Punitive measures may include reprimands, restrictions, suspensions, and revocations (DSPS Case Handling Process, n.d.). Once a judgment has been reached and entered, the DLSC monitoring personnel oversees orders to ensure compliance. Conclusion As social professionals, we understand the need to avoid dual (or many) partnerships, especially where there is potential for exploiting or causing damage to clients (Barsky, 2022). It is imperative that we refrain from engaging in multiple relationships with pupils, supervisors, and other individuals who might find themselves in vulnerable positions because of power imbalances and personal issues. Abstaining from dual relationships upholds the principles of social work, including veracity, uprightness, and fidelity (commitment to assisting others in distress). Furthermore, it is crucial to acknowledge that assuming multiple partnerships entails the need to proactively mitigate any potential contradictions of interest (Barsky, 2022). Due to the foundation of integrity in client interactions we can be held accountable for any damage our clients experience due to the professional's multiple partnerships. When visiting the website of any social work certifying board, it is common to come across several instances where complaints were made against professionals, leading to the imposition of

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fines, charges, sanctions, suspensions, or revocation of their licenses. Workers have sometimes been incarcerated for engaging in misbehavior, such as breaching confidentially, falsifying records, or committing malfeasance. Ensuring confidentiality while dealing with kids might pose significant difficulties. The presence of conflicting ethics rules, laws, restrictions, agency policies, and therapeutic judgement may sometimes lead to a challenging ethical problem. If social workers encounter such a predicament, they should seek advice from colleagues and refer to relevant guidelines. Consequently, engaging in multiple relationships with patients might potentially expose them to many hazards, such as psychological, economic, and social detriment. As professionals in social work, it is crucial to maintain a constant awareness of one's integrity and ethical obligations towards clients and individuals in vulnerable circumstances (Barsky, 2022). Acting in the best interest of a prospective client may require directing them to another expert for help. By proactively considering possible situations where two ties may exist and conflicts of interest may develop, professionals can strategize on ways to handle ethical concerns instead of only responding to them when they occur. References APPLICATION FOR SOCIAL WORKER CERTIFICATION OR LICENSURE . (n.d.). Wisconsin State Legislature. Retrieved October 28, 2023, from https://docs.legis.wisconsin.gov/code/admin_code/mpsw/3 Barsky, A. (2022). Ethics Alive! Anticipatory Dual Relationships in Social work . SocialWorker.com. https://www.socialworker.com/feature-articles/ethics- articles/anticipatory-dual-relationships-social-work/

Carney, J., & McCarren, K. (2012). Social Work Education in Non-Sexual Dual Relationships. Journal of Social Work Values and Ethics , 9 (2). https://www.jswve.org/wp- content/uploads/2012/12/10-009-203-JSWVE-2012.pdf DSPS Case handling process . (n.d.). https://dsps.wi.gov/Pages/SelfService/CaseHandling.aspx Handon, R. SocialWorker.com. (2018). Client relationships and ethical boundaries for social workers in child welfare . https://www.socialworker.com/feature-articles/ethics- articles/Client_Relationships_and_Ethical_Boundaries_for_Social_Workers_in_Child_W elfare/

MSW-6005 Week 3 Assignment (1)

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