Report Title:

Child Protective Services; Social Worker Code of Ethics

Description:

Creates code of ethics for child protective services social caseworkers, adopted from the National Association of Social Workers Code of Ethics.

HOUSE OF REPRESENTATIVES

H.B. NO.

1812

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to social workers code of ethics.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that persons who are in direct contact with abused and neglected children and their dysfunctional families through the child protective services system need to perform their duties and behave in a professional, yet compassionate manner. The individuals they come into contact with are often vulnerable and under distress. This situation requires that social workers, especially child protective services caseworkers, need to act in a fair and even-handed way in order to avoid forcing their clients into making impulsive and unreasoned decisions.

The legislature finds that the National Association of Social Workers Code of Ethics provides guidance regarding the everyday professional conduct of all social workers, including child protective services caseworkers. The purpose of this Act is to adopt a code of ethics for child protective services social caseworkers.

SECTION 2. Chapter 587, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§587- Code of ethics; child protective services; social caseworkers. The following shall be the code of ethics for social caseworkers under this chapter:

(1) Commitment to clients. A caseworker's primary responsibility is to ensure child safety, child permanence, child well-being, and family well-being;

(2) Self-determination. Caseworkers respect and promote the right of clients to self-determination and help clients identify and clarify their goals. The right to self-determination may be limited when the caseworker, in the caseworker's professional judgment, determines that the clients' actions or potential actions pose a serious and foreseeable and imminent risk to their children;

(3) Informed consent. Caseworkers shall provide services to clients only in the context of a professional relationship based, when appropriate, on valid informed consent. In instances where clients are receiving services involuntarily, caseworkers shall provide information about the nature and extent of services and about the extent of clients' right to refuse the services;

(4) Competence. Caseworkers shall provide services and represent themselves as competent only within the boundaries of their education, preservice, and inservice training, license, certification, etc.;

(5) Cultural competence and social diversity. Caseworkers shall understand culture and its function in human behavior, recognizing the strengths in all cultures. Caseworkers should be knowledgeable about their clients' cultures and demonstrate competence in providing services that are sensitive to the cultures and to differences among people and cultural groups;

(6) Conflicts of interest. Caseworkers shall be alert to and avoid any conflict of interest that may interfere with the exercise of professional discretion and impartial judgment. Caseworkers shall not take any unfair advantage of a professional relationship or exploit others for personal gain;

(7) Privacy and confidentiality. Caseworkers shall respect the child and family's right to privacy. They shall not solicit private information from clients unless it is essential to ensuring safety, providing services, or achieving permanence for children. Caseworkers may disclose information with consent from the client or person legally responsible for the client's behalf. Caseworkers shall discuss with clients and other interested parties the nature of the confidentiality and the limitations and rights of confidentiality. Caseworkers shall protect the confidentiality of all information, except when disclosure is necessary to prevent serious, foreseeable, and imminent harm to the child;

(8) Access to records. Caseworkers shall provide clients with reasonable access to their own records. Caseworkers shall limit client access to records when there is compelling evidence that such access could cause serious harm to the child or family. When providing access to records, caseworkers shall protect the confidentiality of other individuals identified in the record, such as the name of the reporter;

(9) Sexual relationships. Caseworkers shall not, under any circumstances, engage in sexual activities or sexual contact with current or former clients, client's relatives, or others with whom the client maintains a close personal relationship when there is a risk of exploitation or potential harm to the client. Caseworkers shall not provide clinical services to individuals with whom they have had a prior sexual relationship;

(10) Sexual harassment. Caseworkers shall not make sexual advances or sexual solicitation, request sexual favors, or engage in other verbal or physical conduct of a sexual nature with clients;

(11) Physical contact. Caseworkers shall not engage in physical contact with children and parents when there is a possibility of psychological harm;

(12) Derogatory language. Caseworkers shall never use derogatory language in their verbal or written communication about clients. Caseworkers shall use behavioral, respectful, and sensitive language in their communications to and about clients;

(13) Clients who lack decision-making capacity. When acting on behalf of clients who lack the capacity to make informed decisions, caseworkers shall take reasonable steps to safeguard the interests and rights of those clients; and

(14) Termination of services. Caseworkers shall terminate services to clients when child safety is assured or permanence has been achieved."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________