are social workers required to report when a patient is using a hidden identity

Should social workers report confidential information?

Such situations, not at all uncommon in social work, may create confusion and conflict within the social worker, whose personal ethics and moral values may call for one type of response. While the situation can indeed be uncomfortable, there are actually clear guidelines for reporting information that has been requested to remain confidential.

Do social workers have a legal obligation to seek out information?

As mandated reporters and ethical professionals, social workers have a professional obligation to seek out information to understand their legal requirement to report.

Can a social worker breach confidentiality to report suspected child maltreatment?

Even though the law allows you to breach client confidentiality to make a report of suspected child maltreatment to CPS, you are required to minimize the breach. (See Making the Tough Call Part IV: Conflicted Over Confidentiality, in the Fall 2013 issue of The New Social Worker).

What happens if a social worker does not make a report?

In cases in which the social worker as mandated reporter cannot or does not make the report anonymously, CPS may reach out to the worker after the report to ask for clarification of concerns.

What are the limits of confidentiality in social work?

As the National Association of Social Workers' (NASW) Code of Ethics states: “The general expectation that social workers will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identifiable person” (standard 1.07[c]).

Which of the following types of reports must be reported by the child welfare?

The law requires child welfare agencies to make a CACI report to the CA DOJ whenever they substantiate an allegation of 1) physical abuse, 2) sexual abuse, 3) mental abuse, or 4) severe neglect.

What are the ethical and legal dimensions of confidentiality in social work?

Privacy and Confidentiality According to the NASW Code of Ethics, "Social workers should respect clients' right to privacy. Social workers should not solicit private information from clients unless it is essential to providing services or conducting social work evaluation or research.

What is considered confidential information social work?

Responsibility to Keep Client Information Confidential Confidentiality means that information shared within a relationship will not be shared outside that relationship. The expectation is that what a client tells a social worker, the social worker will not reveal to others.

Do mandated reporters have confidentiality under Canra?

Yes. CANRA reports are confidential, except as outlined in California Penal Code section 11167.5, subdivision (b).

What types of abuse have to be reported?

that California law requires mandatory reporting of known or suspected:• Child abuse and neglect.• Elder and dependent adult abuse.• Domestic violence.

Can social workers disclose personal information?

Social workers occasionally disclose personal information to clients when such self-disclosure could produce tangible, material benefits or favors for the social worker beyond monetary payment for services rendered.

What is the number one ethical violation by a social worker?

Daley found that the largest category of ethics violations for both urban and rural social workers was poor practice. They define poor practice as: failure to meet accepted standards for client care such as evaluation of client progress, appropriate use of supervision, and making appropriate referrals.

What can social workers not do?

What Social Services Cannot Do. Social services cannot remove your child from your home without an order by the court, your consent, or a Police Protection Order. Additionally, social services cannot decide what will happen to your child or place your child in permanent foster care without a court's decision.

What if a social worker breaks confidentiality?

Being accused of a breach of confidentiality is a serious charge, especially as it could result in a suspension or revocation of your license.

What are the three limits to confidentiality?

Potential Limits of ConfidentialityLimits Imposed Voluntarily (i.e., Not Legally Required) ... Limits That Can Be Imposed by Law (i.e., Possible “Involuntary” Disclosures) ... Possible Limitations on Confidentiality Created by Use of Technology in the Setting.More items...

Do social workers have client confidentiality?

1.07 Privacy and Confidentiality. (a) Social workers should respect clients' right to privacy. Social workers should not solicit private information from or about clients except for compelling professional reasons. Once private information is shared, standards of confidentiality apply.

What was the idea behind the medical reporting system?

The idea was that if medical personnel could identify and report suspicions of child abuse, the government could step in and prevent irreversible harm to the child, or even death. As a result of these advocacy efforts, by 1967 all 50 states and the District of Columbia had passed legislation that made medical personnel mandated reporters.

How many states require social workers to report child abuse?

For social workers in eighteen (18) states (Delaware, Florida, Idaho, Indiana, Kentucky, Maryland, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Utah, and Wyoming), you are always a mandated reporter. As of March 2013, these 18 states and Puerto Rico require all adults, regardless of professional role, to report suspicions of child abuse and neglect. In these states, you must report the suspicions you have concerning family, friends, neighbors, and that family you see on your way to work.

What are the rights of a child reporter?

All states, regardless of who is required to report suspicions in that state, provide legal protections for those who report suspected child abuse or neglect. Each state provides some level of confidentiality of reporter identity and has laws designed to protect reporters from lawsuits by families who are reported. In order to benefit from these protections, the reporters must make the report in “good faith.” This means that the reporter made the report because he/she was concerned about the welfare of a child based on information provided or his/her own observations. These protections extend to the reporter even if the resulting investigation fails to find evidence of abuse or neglect.

What is mandated reporting?

Mandated reporters are individuals required by the law of a given state to report concerning suspicions. Most often the term “mandated reporter” refers to individuals required to report suspicions of child abuse or neglect, but in some states the law may require some people to report elder abuse, institutional corruption, or other behaviors. For the purposes of this article and series, we’ll be focusing on the role of social workers as mandated reporters of suspected child abuse and neglect.

How many reports of child abuse and neglect in 2011?

There were more than three million reports of suspected child abuse and neglect in 2011, yet there is no way of knowing exactly how many reports are based on the suspicions of social workers. However, more than one-half of all reports of suspected child abuse or neglect are made by professional reporters, including child care providers, educational personnel, law enforcement personnel, medical personnel, mental health professionals, and social services personnel (U.S. Department of Health and Human Services, Administration for Children and Families, 2011). Since social workers serve communities in a variety of roles, reports from social workers could be classified into many of the categories listed above.

What were the criticisms of the early mandated reporter laws?

A criticism of early mandated reporter laws was that they were narrow and specific. For instance, the first laws only required medical personnel (such as doctors and nurses) to report their suspicions.

What is the Child Welfare Information Gateway?

The Child Welfare Information Gateway connects child welfare and related professionals to information and resources to help protect children and strengthen families.

What is the NASW code of ethics?

The NASW Code of Ethics highlights the social worker’s responsibility to minimize harm to a client from the kind of disclosure made in a report to CPS. Social workers are expected to provide the least amount of confidential client information necessary. When you make a report to CPS about a client, you only need provide the information necessary for fulfilling your legal obligation to report, as well as your ethical obligation to the larger society, while protecting as much of your client’s privacy as you can.

What happens if you don't inform your client of a report to CPS?

The client may process her or his feelings with the social worker, without knowing that it was that social worker who made the report .

How can a CPS ask for more information?

If CPS wants more information than what you are providing, then they can ask for more. The legal way CPS can ask for more is by serving a subpoena. A subpoena is a legal tool that seeks to force a person (or business) to provide information (written or oral) for the purposes of furthering a legal action.

What is the purpose of reporting to CPS?

When you make a report to CPS about a client, you only need provide the information necessary for fulfilling your legal obligation to report, as well as your ethical obligation to the larger society, while protecting as much of your client’s privacy as you can.

Can you breach client confidentiality?

Even though the law allows you to breach client confidentiality to make a report of suspected child maltreatment to CPS, you are required to minimize the breach. (See Making the Tough Call Part IV: Conflicted Over Confidentiality, in the Fall 2013 issue of The New Social Worker).

Can a social worker report child abuse?

For most reporters of suspected child maltreatment, their responsibilities end after the call is accepted by Child Protective Services (CPS). For social workers who make a report to CPS, this may not always be the case. In cases in which the social worker as mandated reporter cannot or does not make the report anonymously, CPS may reach out to the worker after the report to ask for clarification of concerns. (For information on when you can/cannot make an anonymous report, see Making the Tough Call Part III: How do I make a report? in the Summer 2013 issue of The New Social Worker). You, as the mandated reporter, also have the right to contact CPS yourself.

When making the decision whether or not to tell your client that you made a report to CPS, should you answer?

When making the decision whether or not to tell your client that you made a report to CPS, safety should be your biggest consideration. Consider any concerns you have regarding your safety, and that of your client and other people. If you feel that anyone’s safety would be in question were you to share this information with your client, then, by all means, do not tell the client that you made a report.

What happens if a therapist fails to take reasonable steps to protect the intended victim from harm?

“If a therapist fails to take reasonable steps to protect the intended victim from harm, he or she may be liable to the intended victim or his family if the patient acts on the threat ,” Reischer said.

When do therapists file a report?

In the case of suspected child abuse, therapists must file a report if they have “reasonable suspicion” about child abuse.

What happens if a therapist violates the ethics of the state?

Therapists are held to very high ethical standards by their governing state board and a violation of those ethics could result in fines, loss of licensure, or even jail time , said Walwyn-Duqesnay. While each state has its own set of guidelines and regulations on what its mental health professionals are required to report, there are common themes that transcend across the country.

Who does Cinéas say has to step in and report a situation when vulnerable people are threatened?

Cinéas said a therapist may have to step in and report a situation when vulnerable people are threatened, which could include children, elderly individuals and those living with a disability.

Can a therapist report a patient's intent to harm someone else?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. There has to be intent plus a specific identifiable party who may be threatened.

Can a therapist disclose a divorce?

Most situations will stay under wraps. For instance, Reed noted that even if a wife is cheating on her husband and they are going through a divorce, the therapist has no legal obligation whatsoever to disclose that information in court.

Should clients withhold anything from their therapist?

“Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk,” said Sophia Reed, a nationally certified counselor and transformation coach.

Why is information shared between a patient and a therapist confidential?

The information shared between a patient and therapist, in almost all cases, is meant to be kept confidential in order to build a trusting relationship. However, there are exceptions to this rule, as outlined by the American Psychological Association's Code of Ethics.

What to do if a therapist is unsure of whether a client discussion should be reported to law enforcement?

According to the APA, if a therapist is unsure of whether a discussion with a client should be reported to law enforcement or not, she should consult with other professionals in the mental health field or appeal to state or national mental health professional associations for advice on the matter. The code of conduct states that therapists are expected to reach out to others in the field whenever they are not clear about whether a client discussion goes beyond the protection of patient-therapist confidentiality.

What is the code of conduct for therapists?

The code of conduct states that therapists are expected to reach out to others in the field whenever they are not clear about whether a client discussion goes beyond the protection of patient-therapist confidentiality. References.

Do therapists have to report abuse?

According to the American Psychological Association's Code of Ethics, therapists should let their clients know that in the event the client discusses inflicting or being the victim of child abuse, inflicting or being the victim of elderly abuse, or posing a serious danger to themselves or to others, and the therapist believes these threats or allegations of violence to be valid, the therapist will have to report such discussions to law enforcement officials. Also, therapists may be asked to release confidential information shared by their clients during therapy to the judicial system if served with a court order, though they are bound to only reveal information that is absolutely mandated by the judge in the case and nothing more.

Can a therapist discuss a violent crime?

Though some people may think that anything goes in a therapy session, confessing or discussing plans for violent crimes cannot necessarily be kept confidential by therapists. As stated in their code of ethics, they have a duty to protect their clients from hurting themselves or others. However, it is also important to note that any misconceptions someone being treated might have about this should be cleared up at the beginning of therapy when the therapist discusses with the client the exceptions to their confidentiality privilege.

Do psychologists have to keep their patients' information confidential?

It is crucial for psychologists to do whatever they can to keep any information shared between themselves and their patients during therapy sessions confidential. However, psychologists must also protect the health and well-being of their patients, which means protecting them from hurting themselves, inflicting injury upon others, or being hurt by someone else.

Can a soldier's therapy be confidential?

The waiver states that under certain circumstances, such as the discussion of military law violations, discussions between a soldier/veteran and his therapist may not remain confidential.

What is a brief intervention?

Screening, Brief Intervention and Referral to Treatment (SBIRT) is a cluster of activities designed to identify people who engage in risky substance use or who might meet the criteria for a formal substance use disorder. Clinical findings indicate that the overwhelming majority of individuals screened in a general medical setting do not have a substance use disorder and do not need substance use disorder treatment.

When does a consent form remain in effect?

Whether a consent form remains in effect when a program merges with another program or undergoes corporate restructuring depends on how the entity making the disclosure is identified on the consent form.

Is same sex marriage a SAMHSA policy?

Consistent with HHS policy, same-sex spouses/marriages are to be recognized in SAMHSA regulatory provisions. This means that, as a person or entity subject to SAMHSA’s confidentiality regulation governing alcohol and drug abuse patient records, this policy applies to you.

Can a patient revoke a multiparty consent?

Yes. Under 42 CFR Part 2 (hereafter referred to as “Part 2”), a patient can revoke consent to one or more parties named in a multi-party consent form while leaving the rest of the consent in effect. In a non-Health Information Exchange (HIE) environment, this can be accomplished simply by the Part 2 program indicating on the consent form or in the patient’s record that consent has been revoked with respect to one or more named parties. In an HIE environment, the revocation with respect to one or more parties should be clearly communicated to the Health Information Organization (HIO) as well as noted in the patient’s record by the Part 2 program.

Is same sex marriage protected by SAMHSA?

Windsor, the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), which prohibited federal recognition of same-sex spouses/marriages, was unconstitutional. Consistent with HHS policy, same-sex spouses/marriages are to be recognized in SAMHSA regulatory provisions. This means that, as a person or entity subject to SAMHSA’s confidentiality regulation governing alcohol and drug abuse patient records, this policy applies to you. The regulation contains a provision, that is affected by the Windsor decision, which addresses consent on behalf of incompetent or deceased patients and provides that in the absence of a personal representative, consent to disclosure of information identifying a deceased patient as an alcohol or drug abuse patient may be given by the patient’s spouse or, if none, by any responsible member of the patient’s family. See 42 C.F.R. § 2.15 (b) (2). SAMHSA now interprets this provision to include same-sex spouses in the meaning of the terms “spouse” and “family.” This means that, for purposes of this provision under 42 C.F.R. Part 2, you are required to treat as valid the marriages of same-sex couples whose marriage was legal when entered into. This applies regardless of whether the couple now lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage. Any same-sex marriage legally entered into in one of the 50 states, the District of Columbia, a U.S. territory or a foreign country will be recognized. However, this does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law as something other than a marriage.

Do restrictions on disclosure apply to child abuse?

Reports of child abuse and neglect: The restrictions on disclosure do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate State or local authorities.

Can a primary care provider prescribe controlled substances?

No. Not every primary care provider who prescribes controlled substances meets the definition of a “program” or part of a “program” under Part 2. For providers to be considered “programs” covered by the Part 2 regulations, they must be both ”federally-assisted” and meet the definition of a program under 42 CFR § 2.11. Physicians who prescribe controlled substances to treat substance use disorders are DEA-licensed and thus meet the test for federal assistance [42 CFR § 2.12 (b) (2)]. Nevertheless, the regulations establish additional criteria to meet the definition of a “program”:

What happens if a social worker discloses a man's status to a female partner?

If the social worker decides to disclose the man’s status to the female partner, however, she or he must do so only after informing the male partner that the disclosure will be made. Furthermore, the social worker must make a tangible plan of action and support that will assist the couple—the identified client—to cope with the aftermath ...

What should a social worker do in a non-transparent relationship?

The social worker should invite the client to reflect on issues of transparency in intimate relationships, thereby promoting insight into the implications of non-transparency. In the best case scenario, the male partner would decide to disclose the information voluntarily to his partner, perhaps with the assistance and support of the social worker, ...

What are disclosure and partner notification guidelines?

In fact, the disclosure and partner notification guidelines of the Health Protection Act explain what procedures should be activated by the social worker or other mental health clinician who speaks with the client during the compulsory pre- and post-counseling sessions that are held with an individual who is receiving an HIV test.

What is the most difficult situation for a social worker?

One of the most challenging situations that a social worker can face involves making a decision about whether he or she should disclose information revealed by one client that could be emotionally or physically harmful to another patient ; the dilemma can be still more difficult when the clients in question are two people who are involved with each other romantically. Imagine, for instance, that a male client who reveals to the clinician that he is HIV+ has asked the clinician to keep that information a secret from his partner, as he is afraid that she will end their relationship if she learns of his seropositivity. Such situations, not at all uncommon in social work, may create confusion and conflict within the social worker, whose personal ethics and moral values may call for one type of response. While the situation can indeed be uncomfortable, there are actually clear guidelines for reporting information that has been requested to remain confidential. Legal stipulations and ethical regulations that have been set forth in the Code of Ethics of the Canadian Association of Social Workers provide support and guidance for handling situations like these; however, it is crucial that the social worker know these legal and ethical standards before such a situation ever arises

When was the HIV report updated?

Reporting requirements for physicians, counselors, and people diagnosed with HIV were updated in 2005 and were approved in the piece of legislation known as the Health Protection Act (CanLII, 2006).

Is confidentiality a high order value?

As one begins to see, confidentiality is always the highest order value in social work and in public health. The insistence upon clinicians’ commitment to confidentiality does not, however, free them from the responsibility to discuss the importance of disclosure and the implications of non-disclosure with the client.

Is it uncommon for social workers to be uncomfortable?

Such situations, not at all uncommon in social work, may create confusion and conflict within the social worker, whose personal ethics and moral values may call for one type of response. While the situation can indeed be uncomfortable, there are actually clear guidelines for reporting information that has been requested to remain confidential.

Causes

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Research

Background

Criticism

Purpose

• Since social workers work with children and families in a variety of settings and roles, it makes sense that the law in all 50 states requires social workers to report their suspicions of child abuse and neglect. Although some social work settingssuch as schools, hospitals, and mental health clinicsare more likely than others, like nursing homes, t...

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Overview