Ethical Dilemmas Faced By Human Service Workers In The Court System
As a human services worker working in an agency that provides diagnostic services and residential placement to youth in the court system, seeing the case about Italian immigrant teenager sexually abused by her father was dismissed by the court, lost funding, and the girl was sent home were very unfortunate to face as a human services worker. The court dismissed the case largely by the results of assessments provided by the agency professional, client’s activity in residential placement, and visitation with her father.
In many cases, ethical standards, expectations, and requirements are consistent with legal standards, expectations, and requirements (Reamer, 2005). Many times, human service workers might come across ethical choices along with …show more content…
the decision that have legal implications. “Ethical choices involve matters of right and wrong and duty and obligation” (Reamer, 2005, p. 165). Regularly, ethic codes and legal provisions are agreed most of the times, usually legal and ethical. Examples of ethical and legal conduct included; protecting confidentiality, not harming a client, making an appropriate diagnosis, providing suitable care, terminating treatment in appropriate way, or making an appropriate referral("Ethics and Law," n.d.). All of the mentioned meet legal and ethical requirements. Depends on the case, it can be ethical and legal conduct, unethical and illegal conduct, legal but unethical conduct, or illegal but ethical conduct.
Human services worker have legal obligations to self, client, client’s family, the organization, and colleagues. Moreover, workers come to his/her role with his/her own values and beliefs that need to be aware of deal with on a daily basis. It is important to protect the rights of the clients at any time, and most of the time, law protects client rights. As a human services worker, he/she has the duty to care the client, “involves being able to identify signs of abuse and promptly reporting suspected abuse to appropriate agencies” (Community Door Administrator [CDA], 2013, para. 2).
In the case of a female Italian immigrant teenager, both the girl and the father have the rights. There are legal and ethical obligations to both the girl and the father. Confidentiality is one of the most important obligations that all human service workers promise to protect for clients. “Confidentiality means protecting a person’s privacy and respecting that person’s autonomy” (Mandell & Schram, 2012, p. 515). It is, “to protect the client’s privacy and develop trust between them” (Mandell & Schram, 2012, p. 515).
Another obligation is privileged communication. According to the authors, Mandell and Schram (2012), “privileged communication gives legal protection to some human service workers against having to reveal a client’s confidences in court, unless, the client consents” (p. 515). Clients have to right to be informed by human service about legal rights. Also, clients have the right to treatment and right to refuse treatment.
Sometime, human services agencies appeal confidentiality as a way of escaping public analysis of their deficiencies. “Child welfare agencies have legitimate reasons for assuring their clients that information will be kept confidential” (Mandell & Schram, 2012, p. 518).
Also, “many people would not report child abuse if their identity were known; people who have been charged with abusing children do not want publicity” (p.518). There are multiple levels of system failure in this case. First of all, the assessment which agency conducted on the child to determine the effects of the suspected abuse on her function provided her with a safe environment for twelve weeks. Question is what kind of assessment? Was an assessment is enough for suspected sexual abuse. How effectively the assessment measures the suspected sexual abuse victim? For example, physical examination was one of the main assessment agency should have done of the girl. Also, psychological assessment should have been done too. The girl was placed by the Children and Youth Protective Services due to suspected sexual abuse by her father. This matter cannot be taken lightly with just an assessment and supervised visitation with her father, who is the offender in this case. “Child abuse is a systemic issue with no easy answers and no simple solutions” (National Association of Social Workers [NASW], 2004, p. 2).
In nature, people tend to act differently when they are being monitor. Offender in this case her own father meeting under the supervision might react differently than at their own home. How can agency professional measure their accurate interactions at the agency? People are likely to change their behaviors and be more conscious around other people and in public.
When there is no strong evident, it is not legal to hold someone as a victim. In the case of the suspected sexual abuse, based on the result of assessment provided by the agency professional and client’s activity in residential placement, including visitation with her father, the court dismissed the case. Since there weren’t any strong evident collected for this case, under the law of clients rights, it is justification legal. The girl was returned home, since the case was dismissed. Although it is legally right for the girl to go home, from human service worker prospective, it is ethically wrong with such an action. The girl was sent back to her home, where the suspected sexual abuser lives. It is not a safe place for the girl if he is really a sexually abuse father. The client might be emotional and physically hurt for the rest of her life. “Just because law dictates or doesn’t dictate something does not mean it is moral” ("Ethics and Law," n.d., para. 8)
Due to the agency failing to fulfill the responsibility toward the client, to the community, and to profession lost the funding for residential placement. Since the agency lost the funding, it is not only hurt agency, but also the agency lost the ability to help clients who are in need of these services.
Culture considerations are needed when working with client, who is female Italian immigrant. Human services worker need to have knowledge of the culture to better understand the client and client’s family background. Also, provider should have knowledge of, “culture and its functions in human behavior and society, recognizing the strengths that exist in Italian culture” ("Code of Ethics," n.d., p. 5). In this case, it is really important to know family relationship of client’s culture. Father and mother relationship, mother and daughter relationship, rather and daughter relationship, and any sibling relationship need to be consider for this case.
Many children in the United States have been abuse and neglect at the very hands of those entrusted, such as parents, child care, and relatives. The major types of child abuse and neglect are physical abuse, Sexual abuse, emotional abuse, neglect, abandonment, and substance abuse.
Before 1962, not many people paid attention or have knowledge about child abuse.
In 1962, Child Protective Services was identified as part of public child welfare (Myers, 2009). Cases over 60,000 were reported in 1974. As times goes by child abuse reports get increased. Child Abuse Prevention and Treatment Act (CAPTA) was funded by federal to improve the response to child abuse, such as physical abuse, sexual abuse, and neglect. When children were abuse at home, sometime they were taken to foster care. In 1980, Adoption Assistance and Child Welfare Act (AACWA) put in effort to avoid removing children from maltreating parents and if children were remove they should be require to reunited with families(Myers, 2009). Also, SSCWA provided some financial assistant to foster parents. In 1997, congress approved the Adoption and Safe Families Act (ASFA) which primary focus for the child safety. Also, ASFA have timeline when the child needs to return home or parent lose the rights for the child. Sexual abuse and physical were the case then parent loses the parental rights directly (Myers, 2009). “Every day, averages of 2,400 children are victims of child abuse, and approximately three children die each day as a result of child abuse or neglect” (NASW, 2004, p. …show more content…
4).
According the author, Myers, Child sexual abuse was hidden in the early 1970s. Later in the 1970s, two factors were child sexual abuse was thrown onto the national stage. “First, the child protection system – including reporting laws- expanded significantly in the 1970s. Second, new research shed light on the prevalence and harmful effects of sexual abuse” (Myers, 2009, p. 460). There was study on sexual abuse cases by De Francis in 1969. As many as, two thirds of the children in his study were emotionally damaged by the abuse. David Finkelhor also study about child sexual abuse between 1977 and 1978, which was highlighted in national magazine. According to his study, “most of the sexual abuse was committed by someone the child knew, and more was not reported” (Myers, 2009, p. 461).
Compared to the past, now America has child protective services available across the country.
Many professionals tried their best to help vulnerable children, and billions of dollars are devoted to child welfare. Not every case were success or fail in protecting children. As Myers (2009) stated, “the only time child protection makes the front page or the evening news is when something goes terribly wrong” (p. 462). For example, service provider fails to remove an endangered child or remove child who should not. Of course, public know about service providers failure to protect some children, and sometime under values the services of the
system.
Child protective agencies are creative in a way to protect children from anyone, including their own parent, and relatives. “Nationwide, child protective services (CPS) agencies receive more than 50,000 calls per week regarding suspected or known instances of child abuse, with more than two-thirds of these calls determined appropriates for CPS investigation” (NASW, 2004, p. 4). CPS agencies will faced with a lot of challenges in providing essential services that can protect and advance the well-being of children. Agencies try to fulfilled their responsibilities to their missing and the original intent of the agencies. “The child protection system is far from perfect, and much remains to be done, but, at the same time, much has been accomplished” (Myers, 2009, p. 462). In the United States, population has become more diverse. Human services worker are interacting with clients form many different cultural, belief, value, and linguistic background. There are some culturally and legally appropriate strategies that may be provided to the girl that will address her human service’s needs. First of all, start a conversation, service provider should get to know the client, client related people and to find out more information about the client and client’s family. Getting to know the client will be much effective in providing services. It can improve the client-provider relationship and can earn the trust of the client. As speaking from culture prospective, speaking one on one with someone is much better than in a group to share the information or address the needs.
Second of all, hired bilingual staff or someone from same culture as the client to communicate effectively about the needs or concerns of client might have. After all, client is an immigrant from different country. Sometime client cannot express her emotions to different cultural community. Afraid that if she seeks help from other community, her owns community might dislike her. Moreover, client from different culture tend to keep family matters in private. She might have fear of the consequences, shame, lack of awareness, desire for privacy, and need for independence ("Youth Is Victimized," 2012). So, it is a good idea to bring someone who he/she can speak freely in her own language and when she wants to.
Lastly, create a supportive atmosphere where she knows that she can seek support when she needs. “For example, you can raise the subject of sexual abuse by asking teens their opinions about sexually explicit songs or television dramas” ("Youth Is Victimized," 2012, para. 9). This strategy can help a human service worker to determine the conflicts of her pain and set the stage for her to disclose to service provider.
In many cases, ethical standards, expectations, and requirements are consistent with legal standards, expectations, and requirements (Reamer, 2005). Many times, human service workers might come across ethical choices along with …show more content…
the decision that have legal implications. “Ethical choices involve matters of right and wrong and duty and obligation” (Reamer, 2005, p. 165). Regularly, ethic codes and legal provisions are agreed most of the times, usually legal and ethical. Examples of ethical and legal conduct included; protecting confidentiality, not harming a client, making an appropriate diagnosis, providing suitable care, terminating treatment in appropriate way, or making an appropriate referral("Ethics and Law," n.d.). All of the mentioned meet legal and ethical requirements. Depends on the case, it can be ethical and legal conduct, unethical and illegal conduct, legal but unethical conduct, or illegal but ethical conduct.
Human services worker have legal obligations to self, client, client’s family, the organization, and colleagues. Moreover, workers come to his/her role with his/her own values and beliefs that need to be aware of deal with on a daily basis. It is important to protect the rights of the clients at any time, and most of the time, law protects client rights. As a human services worker, he/she has the duty to care the client, “involves being able to identify signs of abuse and promptly reporting suspected abuse to appropriate agencies” (Community Door Administrator [CDA], 2013, para. 2).
In the case of a female Italian immigrant teenager, both the girl and the father have the rights. There are legal and ethical obligations to both the girl and the father. Confidentiality is one of the most important obligations that all human service workers promise to protect for clients. “Confidentiality means protecting a person’s privacy and respecting that person’s autonomy” (Mandell & Schram, 2012, p. 515). It is, “to protect the client’s privacy and develop trust between them” (Mandell & Schram, 2012, p. 515).
Another obligation is privileged communication. According to the authors, Mandell and Schram (2012), “privileged communication gives legal protection to some human service workers against having to reveal a client’s confidences in court, unless, the client consents” (p. 515). Clients have to right to be informed by human service about legal rights. Also, clients have the right to treatment and right to refuse treatment.
Sometime, human services agencies appeal confidentiality as a way of escaping public analysis of their deficiencies. “Child welfare agencies have legitimate reasons for assuring their clients that information will be kept confidential” (Mandell & Schram, 2012, p. 518).
Also, “many people would not report child abuse if their identity were known; people who have been charged with abusing children do not want publicity” (p.518). There are multiple levels of system failure in this case. First of all, the assessment which agency conducted on the child to determine the effects of the suspected abuse on her function provided her with a safe environment for twelve weeks. Question is what kind of assessment? Was an assessment is enough for suspected sexual abuse. How effectively the assessment measures the suspected sexual abuse victim? For example, physical examination was one of the main assessment agency should have done of the girl. Also, psychological assessment should have been done too. The girl was placed by the Children and Youth Protective Services due to suspected sexual abuse by her father. This matter cannot be taken lightly with just an assessment and supervised visitation with her father, who is the offender in this case. “Child abuse is a systemic issue with no easy answers and no simple solutions” (National Association of Social Workers [NASW], 2004, p. 2).
In nature, people tend to act differently when they are being monitor. Offender in this case her own father meeting under the supervision might react differently than at their own home. How can agency professional measure their accurate interactions at the agency? People are likely to change their behaviors and be more conscious around other people and in public.
When there is no strong evident, it is not legal to hold someone as a victim. In the case of the suspected sexual abuse, based on the result of assessment provided by the agency professional and client’s activity in residential placement, including visitation with her father, the court dismissed the case. Since there weren’t any strong evident collected for this case, under the law of clients rights, it is justification legal. The girl was returned home, since the case was dismissed. Although it is legally right for the girl to go home, from human service worker prospective, it is ethically wrong with such an action. The girl was sent back to her home, where the suspected sexual abuser lives. It is not a safe place for the girl if he is really a sexually abuse father. The client might be emotional and physically hurt for the rest of her life. “Just because law dictates or doesn’t dictate something does not mean it is moral” ("Ethics and Law," n.d., para. 8)
Due to the agency failing to fulfill the responsibility toward the client, to the community, and to profession lost the funding for residential placement. Since the agency lost the funding, it is not only hurt agency, but also the agency lost the ability to help clients who are in need of these services.
Culture considerations are needed when working with client, who is female Italian immigrant. Human services worker need to have knowledge of the culture to better understand the client and client’s family background. Also, provider should have knowledge of, “culture and its functions in human behavior and society, recognizing the strengths that exist in Italian culture” ("Code of Ethics," n.d., p. 5). In this case, it is really important to know family relationship of client’s culture. Father and mother relationship, mother and daughter relationship, rather and daughter relationship, and any sibling relationship need to be consider for this case.
Many children in the United States have been abuse and neglect at the very hands of those entrusted, such as parents, child care, and relatives. The major types of child abuse and neglect are physical abuse, Sexual abuse, emotional abuse, neglect, abandonment, and substance abuse.
Before 1962, not many people paid attention or have knowledge about child abuse.
In 1962, Child Protective Services was identified as part of public child welfare (Myers, 2009). Cases over 60,000 were reported in 1974. As times goes by child abuse reports get increased. Child Abuse Prevention and Treatment Act (CAPTA) was funded by federal to improve the response to child abuse, such as physical abuse, sexual abuse, and neglect. When children were abuse at home, sometime they were taken to foster care. In 1980, Adoption Assistance and Child Welfare Act (AACWA) put in effort to avoid removing children from maltreating parents and if children were remove they should be require to reunited with families(Myers, 2009). Also, SSCWA provided some financial assistant to foster parents. In 1997, congress approved the Adoption and Safe Families Act (ASFA) which primary focus for the child safety. Also, ASFA have timeline when the child needs to return home or parent lose the rights for the child. Sexual abuse and physical were the case then parent loses the parental rights directly (Myers, 2009). “Every day, averages of 2,400 children are victims of child abuse, and approximately three children die each day as a result of child abuse or neglect” (NASW, 2004, p. …show more content…
4).
According the author, Myers, Child sexual abuse was hidden in the early 1970s. Later in the 1970s, two factors were child sexual abuse was thrown onto the national stage. “First, the child protection system – including reporting laws- expanded significantly in the 1970s. Second, new research shed light on the prevalence and harmful effects of sexual abuse” (Myers, 2009, p. 460). There was study on sexual abuse cases by De Francis in 1969. As many as, two thirds of the children in his study were emotionally damaged by the abuse. David Finkelhor also study about child sexual abuse between 1977 and 1978, which was highlighted in national magazine. According to his study, “most of the sexual abuse was committed by someone the child knew, and more was not reported” (Myers, 2009, p. 461).
Compared to the past, now America has child protective services available across the country.
Many professionals tried their best to help vulnerable children, and billions of dollars are devoted to child welfare. Not every case were success or fail in protecting children. As Myers (2009) stated, “the only time child protection makes the front page or the evening news is when something goes terribly wrong” (p. 462). For example, service provider fails to remove an endangered child or remove child who should not. Of course, public know about service providers failure to protect some children, and sometime under values the services of the
system.
Child protective agencies are creative in a way to protect children from anyone, including their own parent, and relatives. “Nationwide, child protective services (CPS) agencies receive more than 50,000 calls per week regarding suspected or known instances of child abuse, with more than two-thirds of these calls determined appropriates for CPS investigation” (NASW, 2004, p. 4). CPS agencies will faced with a lot of challenges in providing essential services that can protect and advance the well-being of children. Agencies try to fulfilled their responsibilities to their missing and the original intent of the agencies. “The child protection system is far from perfect, and much remains to be done, but, at the same time, much has been accomplished” (Myers, 2009, p. 462). In the United States, population has become more diverse. Human services worker are interacting with clients form many different cultural, belief, value, and linguistic background. There are some culturally and legally appropriate strategies that may be provided to the girl that will address her human service’s needs. First of all, start a conversation, service provider should get to know the client, client related people and to find out more information about the client and client’s family. Getting to know the client will be much effective in providing services. It can improve the client-provider relationship and can earn the trust of the client. As speaking from culture prospective, speaking one on one with someone is much better than in a group to share the information or address the needs.
Second of all, hired bilingual staff or someone from same culture as the client to communicate effectively about the needs or concerns of client might have. After all, client is an immigrant from different country. Sometime client cannot express her emotions to different cultural community. Afraid that if she seeks help from other community, her owns community might dislike her. Moreover, client from different culture tend to keep family matters in private. She might have fear of the consequences, shame, lack of awareness, desire for privacy, and need for independence ("Youth Is Victimized," 2012). So, it is a good idea to bring someone who he/she can speak freely in her own language and when she wants to.
Lastly, create a supportive atmosphere where she knows that she can seek support when she needs. “For example, you can raise the subject of sexual abuse by asking teens their opinions about sexually explicit songs or television dramas” ("Youth Is Victimized," 2012, para. 9). This strategy can help a human service worker to determine the conflicts of her pain and set the stage for her to disclose to service provider.