ETHICAL CHALLENGES AND MANAGING RISK IN SOCIAL WORK PRACTICE 9/21/2019 ETHICAL CHALLENGES AND MANAGING RISK IN SOCIAL WORK PRACTICE 2019 Chicago Social Work Conference September 13, 2019 Oak Brook, Illinois

Joseph T. Monahan, M.S.W., A.C.S.W., J.D. 9/21/2019 Joseph T. Monahan, M.S.W., A.C.S.W., J.D. Monahan Law Group, LLC, Chicago jmonahan@monahanlawllc.com

Introduction Joseph T. Monahan, MSW, ACSW, JD 9/21/2019 Introduction Joseph T. Monahan, MSW, ACSW, JD Numerous laws affect social workers: Confidentiality Civil commitment/outpatient treatment Child abuse and neglect reporting Juvenile court School student records FERPA Domestic violence acts Americans with Disabilities Act NASW Code of ethics Professional licensing acts Employment laws Criminal statutes Social Security Act HIPAA Individuals with Disabilities Education Act Worker’s Compensation Act

Involvement in Legal Proceedings 9/21/2019 Involvement in Legal Proceedings Why do social worker’s get sued? Malpractice Civil Actions Theories of liability Substantive risk areas Elements Duty Breach Proximate/legal cause Injury Know the law, embrace the law! Risk management tips: Records management Consultation Identify difficult cases early Listen to client complaints Qualifications/credentials Malpractice insurance Confidentiality Understand expectation of privacy Avoid inappropriate boundaries

What to do if You are Sued 9/21/2019 What to do if You are Sued Do not ignore court papers Contact supervisor/attorney Relationship with attorney Knowledgeable in practice area Do not speak with opposing parties Or opposing counsel Maintain “normal course” of practice E.g. do not change record-keeping practices In the courtroom: Know the actors Know your role Direct examination Cross examination Tips for trial participants Answer the question that is asked Do not go farther than what you know as a witness Add case law

Client Suicide – Big Picture 9/21/2019 Client Suicide – Big Picture Statistics Major public health concern 2nd leading cause of death among individuals 10-34 Risk Management Policy Training Crisis response protocol Documentation Risk factors Behavioral health issues Personal characteristics Adverse life circumstances Risky behaviors Family characteristics Environmental factors Warning signs

Client Suicide – Professional Liability Concerns 9/21/2019 Client Suicide – Professional Liability Concerns Survivors are searching for answers Protecting yourself Professional liability insurance Potentially multiple defendants Records and confidentiality Just say “no!” Secure the record Requests for records Speaking with family members Self-care Tips for talking about suicide: Give accurate information Address blaming and scapegoating Do not focus on the method Address anger Address feelings of responsibility Promote help-seeking

Confidentiality Reasons for and importance: Confidentiality is complex 9/21/2019 Confidentiality Reasons for and importance: Privacy Foundation of the therapist-client relationship Confidentiality is complex Involves legal and ethical knowledge and judgment General rule: All records and communications are confidential and shall not be disclosed except as provided by law What records must be maintained? With consent Without consent Subpoenas: Do not be intimidated Just say “no!” Who is asking, on what authority? Consultation, notification, documentation Always retain control of the original file

Boundary Issues & Dual Relationships 9/21/2019 Boundary Issues & Dual Relationships Boundary violations vs. boundary crossings Identification Assessment Risk management Conceptual framework Intimate relationships Personal benefit Emotional and dependency needs Altruistic gestures Unanticipated circumstances NASW Code of Ethics 1.05 Cultural Competence and Social Diversity 1.06 Conflicts of Interest 1.09 Sexual Relationships 1.10 Physical Contact 1.11 Sexual Harassment 1.13 Payment for Services Risk management strategy to avoid boundary violations

Clinical Supervision & Consultation 9/21/2019 Clinical Supervision & Consultation Professional supervision “The relationship between supervisor and supervisee in which the responsibility and accountability for the development of competence, demeanor, and ethical practice take place.” Common liabilities in the supervision context: Inadequate and improper supervision or social work guidance Sexual improprieties Outside supervision v. supervision in the workplace Formal supervision agreement or memorandum of understanding

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