Roles of the Professional “The system depends on every professional doing his/her job.” Adjunct Professor Monica Bogucki 2010 Copyright 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 “A social worker’s primary professional responsibility is to the client. A social worker shall always act to protect or preserve the client’s interests, including the interest in self-determination, when making decisions that affect the client.” Minn. Rule , subpart 1

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. Rule Delegation and Assignment. A social worker shall not delegate a responsibility or assign a task to another individual when the social worker knows or reasonably should know that the other individual is not licensed or competent to assume the responsibility or to perform the task.

Question A licensed social worker who works for CPS has never had any specific training in this area. His supervisor assigns a difficult sexual abuse case. What should this social worker do?

Minn. Rules , supt. 2 Limits on practice. “A social worker shall limit practice to the permissible scope of practice for the social workers’ license and competence.”

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

Video: Who Speaks for Me?