Roles of the Professional “The system depends on every professional doing his/her job.” Adjunct Professor Monica Bogucki 2016Copyright Monica Bogucki

Social workers/child protection workers  Tennessen Warning must be given, Minn. Govt. Data Practice Act  Minn. Stat  Why is the information being requested.  How will the information be used.

Tennessen Warning  The consequences of either answering or refusing to answer the questions  The other persons or agencies authorized to receive the information being requested

Social Worker’s Ethical Responsibility  148E.215 RESPONSIBILITIES TO CLIENTS.  §Subdivision 1.Responsibility to clients. A social worker's primary professional responsibility is to the client. A social worker must respect the client's interests, including the interest in self- determination, except when required to do otherwise by law.

Ethical question  A child abuse case is reported to CPS. It is clear to the CPS worker/social worker that the child should be placed on a 72 hour hold. The social worker’s supervisor tells the SW to tell the mother to get an OFP and not place the child on a 72 hour hold. What are the ethical issues?

Question  A supervisor in CPS supervises 12 SW; 6 are licensed and 6 are not licensed. The supervisor is a licensed social worker. Two of the social workers are incompetent to do the CPS work. What should the supervisor do?

Minn. Stat. 148E.200  Subd. 3.Delegation of social work responsibilities. (a) A social worker must not delegate a social work responsibility to another individual when the social worker knows or reasonably should know that the individual is not licensed when required to be licensed according to sections 148E.055 and 148E.060.  (b) A social worker must not delegate a social work responsibility to another individual when the social worker knows or reasonably should know that the individual is not competent to assume the responsibility or perform the task.

 Beth is eleven years old. She has been in foster care for eight months. Beth’s mother is an alcoholic with bipolar disorder. For years, Beth endured chaotic and dangerous times while living at home. About eight months ago, Beth told her school social worker what was happening at home. Child protection intervened and filed a CHIPS petition. Beth’s mother, Mary has finished her inpatient chemical treatment program. She is also taking her medication for bipolar disorder.

 Beth wants to go home because she misses her mother. The child protection worker believes her mother is in a fragile state of recovery and does not want Beth to go home at this time. Beth told her lawyer that she wants to go home as soon as possible?  What are the social worker’s ethical issues?  What are the lawyer’s ethical issues?

Social Worker’s Ethical Issues  Who is the client?  Best interests versus self determination  Minn. State 148E, et. seq.

Lawyer’s Ethical Issues

 Beth does not want to go home  CPS worker does not want Beth to go home, but CPS worker’s supervisor insists that Beth go home because of the county budget issues.

What are the social worker’s ethical issues?  What are the lawyer’s ethical issues?

 Ann, a county social worker, works in the county adoption unit. Nathan, her client is a happy child; however, Ann has noticed that he has the characteristics of Fetal Alcohol Spectrum Disorder. Currently, Nathan has not been assessed for this. In the case notes, a former social worker indicated that Nathan’s mother drank alcohol while she was pregnant. Ann is concerned that if he is FASD that he will not likely be adopted. Ann is not going to get him assessed. Ann is not going to tell the pre- adoptive parents that Nathan may have FASD.

Social Worker’s Ethical Issues  What are Ann’s ethical obligations to Nathan?  What are the risks of not having Nathan assessed?  What are the advantages of having him assessed?

 What is in Nathan’s best interest?  How could he be harmed by not have an assessment?  148E.225 TREATMENT AND INTERVENTION SERVICES.  §Subdivision 1.Assessment or diagnosis. A social worker must base treatment and intervention services on an assessment or diagnosis. A social worker must evaluate, on an ongoing basis, the appropriateness of the assessment or diagnosis.

Attorney’s Advice  The county attorney should be concerned with a Wrongful Adoption litigation in the future.  The adoptive family is entitled to full disclosure.  Nathan is entitled to his full Adoption Subsidy, other benefits and services  “A lawyer shall not counsel a client to engage, or assist a client in conduct the lawyers knows is criminal or fraudulent…” MPR Rule 1.2

Guardian ad Litem  The guardian ad litem advocates for the best interests of the child.  Minn. General Rules of Practice for District Court  Independent of the county child protection system  Independent investigation

ExParte Contact  ExParte Contact is prohibited.  Minn. General Rules of Practice for District Court 906 

Should GAL be paid or volunteer?  What are the advantages of a paid system?  What are the advantages of a volunteer system?  What are the disadvantages of a paid system?  What are the disadvantages of a volunteer system?

Lawyer-Client Counseling  “A lawyer shall abide by a client’s decisions concerning the objectives of representation ……”  Minn. Rules of Professional Conduct 1.2

ABA Standards of Practice for Lawyers who represent children  Meet with the child to establish relationship  Visit with child prior to court hearings and when notified of emergencies or significant events  ABA C-1

ABA Standards continued  Investigate  Conduct independent investigations  Review child’s social services, psychiatric, chemical dependency, medical, law enforcement, court files…..  ABAC-2

 Contact lawyers for other parties  Interview school personnel, child welfare workers, foster parents, clergy and other potential witnesses  Reviewing video or audio tapes..  Attend other necessary meetings

Request Services  Consistent with the child’s wishes, the child’s attorney should seek appropriate services.  ABA C-4

Child with Special Needs  Identify services that child may need  Special education or related services (504 plan)  Supplement Security Income  Treatment programs