information or funding for legal assistance. The agency (and sometimes even the professional association) may have an interest in advocacy for a certain case, so they may file the motion. ● If called to testify, it is important for the social worker to prepare for one of two types of examination: In a direct examination, the social worker is called as a witness for the case. This will include general open-ended questions from the attorney’s perspective, geared toward the outcome that the attorney prefers (and most likely the one the social worker and client prefer). The lawyer will ask questions – guiding the testimony – because the information or opinions will support his or her case. The next type is the cross- examination. The other attorney will attempt to impugn the credibility, honesty, perception, memory, or accuracy of the witness testimony. He or she will attempt to create doubts in the minds of the judge or the jurors. In both cases, the objective is to be honest and open, as well as credible and persuasive. The cross-examination is more stressful, because the witness is being challenged. The witness may be called to explain any inconsistencies in written or spoken information. ● It is important to remember that no one is perfect and that there are times when a witness may be unsure. The social worker must be honest, and must slow down, take a deep breath, and use strategies to control stress and anxiety – and he or she must be aware of how body language may be perceived. ● When handling a tough question during cross-examination, the social worker should look the attorney in the eye and should not look at the client or the client’s attorney. This Impact of law on practice Currently the United States, including all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, and other countries regulate some form of mental health practice. Many typically regulate practice through statutes, i.e., practice acts, that stipulate who may practice and/or call themselves mental health practitioners (Saltzman & Furman, 2016). State oversight boards give authority to practice to qualified individuals, typically defined by three competencies: ● Education, ● Experience, and a ● Passing score on an examination. There are also laws that impose legal obligations to abide by practices that further serve to protect the consumer, such as federal and state statutes requiring mandatory child abuse reporting, practices that ensure client confidentiality, and competence to perform certain services. When conflicts occur between a professional code of ethics and the law, Beaton (2018) advises that the practitioner must: ● Consider the best interest of the client. ● Consider the possibility of negotiating the situation to stay within the law to the greatest extent possible; otherwise, the social worker must consider whether he or she could defend his or her actions in court. ● Consult peers, the ethics board, risk management specialists, or an attorney. ● Be sure that his or her notes explain the decision-making process in detail. The Association of Social Work Boards (ASWB) is a nonprofit organization composed of, and owned by, the social work regulatory boards and colleges of all 50 U.S. states, the District
behavior may be interpreted as looking for an answer from them. In situations of extreme stress, it may be possible to ask for a short bathroom break to regain composure. ● Social workers can practice skills and prepare in mock sessions before taking the stand, using role play and with legal professionals – preferably with the attorney who is involved in the case. One way to prepare is to actually observe cases that are similar; although child protection hearings are usually closed to the public, it may be possible to ask the court administrator to observe for professional purposes to prepare for testimony. ● Social workers need to be aware that a fact witness is there to provide facts only. An expert witness can be called upon to give opinions; an expert witness is selected by the court based on qualifications. Professional social workers must give testimony only that falls within their area of expertise. ● To avoid situations that may lead to legal proceedings, it is important to pay close attention to informed consent, open communication, and strategies that build trust and open communication with clients from the first session through the last. Social workers need to manage and respond to clients (without judgment) if they have an issue or grievance. Ethical practice dictates that social workers have the obligation never to abandon a client. They need to find out what the client really wants and find a way to resolve the conflict to save the relationship. Sound decision making and professional collaboration should be used to overcome any barriers. The client may simply want to feel as though he or she is being heard, need to know that his or her concerns are validated, and feel that he or she has some input into the personal therapeutic plan. of Columbia, the U.S. Virgin Islands, Guam, Northern Mariana Islands, and all 10 Canadian provinces (ASWB, 2020). ASWB is dedicated to social work regulation. Its mission is to strengthen the protection of the public by providing support and services to its member boards, including the following: ● Owning and maintaining the social work licensing examinations that are used to test a social worker’s competency to practice ethically and safely. ● Developing and maintaining a model practice act that offers regulatory bodies a resource for developing their own laws and regulations. ● Providing services, including the Council on Social Work Education (CSWE, 2015) program for approved continuing education, CE audit contract services, license application and issuance contract services, the Public Protection Database, and Look Up a License Database. ● Publishing a bimonthly electronic newsletter: The Association News . ● Partnering with CSWE-accredited schools of social work, to pilot an educational initiative, Path to Licensure , which was developed to strengthen student and faculty knowledge of professional regulation, as well as its important connection to public protection and social work values and ethics. Unlike regulation under the law, adherence to regulations set forth by private credentialing bodies is voluntary. However, the regulations and codes of ethics are universally respected. Mental health professionals also practice in accordance with the professional standards of care established by private professional associations such as the ACA, NASW, and AAMFT.
ESTABLISHING ETHICAL CODES OF CONDUCT
In addition to professional affiliation codes of ethics (such as established within national professional associations), state licensing laws and licensing board regulations identify basic competencies for mental health practice. Failure to follow the ethical codes of one’s profession may result in sanctions, fines,
even expulsion from the profession, and can result, if sued, in a judgment against the practitioner. For example, Strom-Gottfried (2000) reviewed 894 ethics cases filed with the NASW between July 1, 1986, and December 31, 1997. About 48% of the cases resulted in hearings, and of those,
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