c. Constitutional provisions, statutes, regulations, court decisions, and executive orders. d. Personal values (including religious, cultural, and ethnic values). Applying the model We can use this model to critically examine the last scenario, that of David and his dilemma regarding placement of a child. David, a licensed marriage and family therapist, believes a child’s right to permanency would be better served by placement with an affluent, Caucasian, Christian family versus a middle class family of the same race as the child. He believes they are a very nice couple who have been waiting far too long for a child to adopt. David’s obligation is to the best interests of the child, so it is clear to whom he is committed. Therefore, the length of time one couple has spent waiting to adopt a child should not be a consideration. Finding the best family for the child is the primary consideration. In addition, standards regarding competence and social diversity require David to be knowledgeable about the child’s culture and the importance it will play in the child’s life. He also needs Conclusion Ethical dilemmas are varied, common, and complex. Ethical decision making can be difficult as well as time-consuming, while sometimes mental health practitioners are still left with a little ambivalence and uncertainty following their decision. Typically, Information This information is not intended to provide all of the details of the HIPAA Privacy Rule or of any other laws or guidelines. This presentation also does not constitute legal advice. If there is any discrepancy between the provisions of the HIPAA Privacy Rule, other laws or regulations, and the material in this presentation, the terms of the laws, rules, professional guidelines, and regulations will govern in all cases. Administration for Children and Families. (n.d.). Secondary Traumatic Stress. U.S. Department of Health and Human Services. Retrieved on May 8, 2020, from https:// www.acf.hhs.gov/trauma-toolkit/secondary-traumatic-stress Amer, A.B. (2019). “The ethics of veracity and its importance in the medical ethics.” Open Journal of Nursing, 9, 194-198. https://www.researchgate.net/ publication/331281044_The_Ethics_of_Veracity_and_It_Is_Importance_in_the_Medical_Ethics American Association for Marriage and Family Therapy. (2015). Code of Ethics.https:// www.aamft.org/Legal_Ethics/Code_of_Ethics.aspx American Counseling Association. (2014). 2014 ACA Code of Ethics.https://www. counseling.org/resources/aca-code-of- ethics.pdf American Medical Association. (2020). HIPAA Violations & Enforcement.https://www.ama- assn.org/practice- management/hipaa/hipaa-violations-enforcement American Society of Anesthesiologists. (2019). ASA-Endorsed Bill to Address Opioid Crisis Reintroduced in Congress.https://www.asahq.org/advocacy-and-asapac/fda-and- washington-alerts/washington-alerts/2019/04/asa-endorsed-bill-to-address-opioid-crisis- reintroduced-in-congress Assalian, P., & Ravart, M. (2003). “Management of professional sexual misconduct: Evaluation and recommendations.” Journal of Sexual and Reproductive Medicine, 3(3), 89-92. Association of Social Work Boards. (2020). About ASWB – Association of Social Work Boards.https://www.aswb.org/about References Barsky, A. (2012). Clinicians in Court: A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know (2nd ed.). New York, NY: Guilford Press. Barsky, A. (2020, March). “Ethical exceptions for social workers in light of the COVID-19 pandemic and physical distancing.” The New Social Worker.https://www.socialworker. com/feature-articles/ethics-articles/ethical-exceptions-social-workers-in- light-of-covid- 19-pandemic-physical-distancing/ Beaton, B. (2018). “How to handle conflicts of ethics and the law.” The National Psychologist.https://nationalpsychologist.com/2018/05/how-to-handle-conflicts-of-ethics-and- the-law/104477.html Berzin, S.C., Singer, J., & Chan, C. (2015). Practice Innovation Through Technology in the Digital Age: A Grand Challenge for Social Work (Grand Challenges for Social Work Initiative Working Paper 12). Cleveland, OH: American Academy of Social Work and Social Welfare. https://grandchallengesforsocialwork.org/wp-content/uploads/2015/12/ WP12-with-cover.pdf Birmingham Community Healthcare. (n.d.). Professional Values. National Health Service (UK). Accessed on April 30, 2020. PDF file. Bodek, H. (2010). Clinical Documentation and Recordkeeping. New York State Society for Clinical Social Work. Retrieved on May 6, 2020, from https://www.nysscsw.org/assets/ docs/100206_records.pdf Bogg, D. (2010). Values and Ethics in Mental Health Practice. Southernhay East, UK: Learning Matters Ltd. Bogle, M.A., & Coleman, M. (2000). “Professional Competence.” Practice Pointers, Washington, DC: NASW Insurance Trust. Boland-Prom, K., & Anderson, S.C. (2005). “Teaching ethical decision-making using dual relationship principles as a case example.” Journal of Social Work Education, 41(3), 495-510. Boyd, N. (2020). What Is the HITECH Act? KASA Solutions. https://kasa-solutions.com/ hitech-act-impact-practice/ Bradshaw, K.M., Donohue, B., & Wilks, C. (2014). “A review of quality assurance methods to assist professional record keeping: Implications for providers of interpersonal violence treatment.” Aggression and Violent Behavior, 19(3), 242-250. Bray, B. (2018). “The battle against burnout.” Counseling Today.https://ct.counseling. org/2018/03/the-battle-against-burnout/ Caldwell, B.E. (2018, March 12). Fee Splitting in Private Practice May Be Illegal and Unethical. Ben Caldwell Labs: Psychotherapy Notes. https://www.psychotherapynotes. com/fee-splitting-private-practice-may-illegal-unethical/
6. Consult with colleagues and appropriate experts. 7. Make and implement the decision and document the decision-making process. 8. Monitor and evaluate the decision. to consider the overall strengths offered by both families as well as any potential barriers to placement. One family has unlimited resources, while the other family has enough resources to afford a lifestyle typical of most families in the community. The person most affected by the decision will be the child. The prospective adoptive families will be impacted as well. To a lesser degree, so will the two adoption agencies. For example, they will wonder if one family may become disenchanted by the wait for an adoptive child and choose to go to another provider. There may be macro-level issues involved as well, given the debate at the national level concerning interracial adoptions. Again, these should not be a consideration, because the primary responsibility is to find the best family for the child, not to find a child for a family. David will ultimately keep this in mind when he makes his recommendation to the Court. there will be more than one person involved with the ethical decision-making process. It is always important to keep in mind that the power of supervision and consultation regarding any mental health practice ethical dilemma cannot be overstated. This information is not intended to describe all of the national mental health associations’ guidelines, but to ensure that learners are guided by their particular association’s code of ethics and state licensing regulations in order to make the most appropriate ethical decisions. Any case examples used within this course do not reflect actual individuals. Carter, S.B. (2013, November 26). “The tell tale signs of burnout … Do you have them?” Psychology Today. https://www.psychologytoday.com/us/blog/high-octane- women/201311/the-tell-tale-signs-burnout-do-you-have-them Capawana, M.R. (2016). “Intimate attractions and sexual misconduct in the therapeutic relationship: Implications for socially just practice.” Cogent Psychology, 3(1). https:// www.tandfonline.com/doi/full/10.1080/23311908.2016.1194176 Centers for Disease Control and Prevention. (2018). Health Insurance Portability and Accountability Act of 1996 (HIPAA).https://www.cdc.gov/phlp/publications/topic/hipaa. html Centers for Disease Control and Prevention. (2020). Improving Access to Children’s Mental Health Care. https://www.cdc.gov/childrensmentalhealth/access.html Chan, C., & Holosko, M.J. (2015). “A review of information and communication technology enhanced social work interventions.” Research on Social Work Practice, 26(1). https://doi.0.1177/1049731515578884 Child Welfare League of America. (2016). Out-of-Home Care.https://www.cwla.org/our- work/advocacy/placement- permanency/out-of-home-care/ Cocker, F., & Joss, N. (2016). “Compassion fatigue among healthcare, emergency and community service workers: A systematic review.” International Journal of Environmental Research and Public Health, 13(6), 618. Coffey, D.S. (2016). “The grand challenges for social work and our future.” The New Social Worker. https://www.socialworker.com/extras/social-work-month-project-2016/grand- challenges-for-social-work-initiative-and-our-future/ Council of State Governments. (2020). COVID-19 Resources for State Leaders. Executive Orders – By State. https://web.csg.org/covid19/executive-orders/ Dayton, D. (2019, January 29). “List of principles in clinical social work practice.” Chron. https://work.chron.com/list- principles-clinical-social-work-practice-21448.html Felton, E. (2015). “Termination: Ending the therapeutic relationship – Avoiding abandonment.” National Association of Social Workers: California News. https:// naswcanews.org/termination-ending-the-therapeutic-relationship-avoiding- abandonment/ Florida, State of. (2019). The Florida 2019 Statutes. Title XLVI, Chapter 839, Section 13. Crimes. Offenses by Public Officers and Employees. Falsifying Records. Retrieved from http://www.leg.state.fl.us/statutes/index.cfm? App_mode=Display_ Statute&URL=0800-0899/0839/Sections/0839.13.html Forester-Miller, H., Davis, T.E. (2016). “A Practitioner’s Guide to Ethical Decision Making” (Revised Ed.). Alexandria, VA: American Counseling Association. https://www. counseling.org/docs/default-source/ethics/practioner%27s-guide-to-ethical- decision- making.pdf?sfvrsn=0 Forster, D. (2009). “Rethinking compassion fatigue as moral stress.” Journal of Ethics in Mental Health, 4(1), 1-4. Freddolino, P.P., & Blaschke, C.M. (2008). “Therapeutic applications of online gaming.” Journal of Technology in Human Services, 26(2-4), 423- 446. Freud, S., & Krug, S. (2002a). “Beyond the code of ethics, Part I: Complexities of ethical decision making in social work practice.” Families in Society: The Journal of Contemporary Human Services, 83(5), 474-482. Freud, S., & Krug, S. (2002b). “Beyond the code of ethics, Part II: Dual relationships revisited.” Families in Society: The Journal of Contemporary Human Services, 83(5), 483-492. Fried, A. (2016, April 20). Moral Stress in Mental Health Practice and Research. The Ethics and Society Blog. https://ethicsandsociety.org/2016/04/20/moral-stress-in-mental-health- practice-and-research/ Gifis, S.H. (2016). Law Dictionary (7th Ed.). Hauppauge, NY: Barron’s Educational Series, Inc. Goode, T.D. (2009). National Center for Cultural Competence: Promoting Cultural Diversity and Cultural Competency – Self- Assessment Checklist for Personnel Providing Behavioral Health Services and Supports to Children, Youth and Their Families. https:// cyfar.org/sites/default/files/national%20center%20for%20cultural%20competence.pdf GoodTherapy.com. (2015). Tarasoff v. Regents.https://www.goodtherapy.org/blog/ psychpedia/tarasoff-v-regents
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