Ethics: Making

Critical

Decisions in

Treatment

Patricia Sherman, Ph.D., LCSW

An 18-year old adolescent who is 4 months pregnant has contacted you several times in regard to planning for her child. In her last visit, she confided to you that she is habituated to heroin.

You have expressed your concern that the drug may damage her unborn child, but she does not seem worried nor does she want to give up use of the drug. You also know that she obtains money for heroin through prostitution and is not attending school.

You are an agency social worker whose Cuban client has just told you she is HIV positive. She is in a monogamous relationship and has two young children. She does not plan to tell her partner about her HIV status, fearing that this knowledge would cause the relationship to break up. She says she and her partner do not utilize safer sex practices and that she could never ask him to use a condom, as that would hurt his pride and cause him to become suspicious.

Purposes of the NASW

Code of Ethics

(

Stone, 2004

)

Identifies core values on which social work’s mission is based

Summarizes broad ethical principles that reflect the profession’s core values and establishes ethical standards to guide social work practice

Is designed to help social workers identify relevant considerations when professional obligations conflict or ethical uncertainties arise

Provides ethical standards to which the general public can hold the social work profession accountable

Socializes practitioners new to the field to social work’s mission, values, ethical principles, and ethical standards

Articulates standards that the social work profession itself can use to assess whether social workers have engaged in unethical conduct

Provides practitioners with guidance when faced by practice dilemmas that include ethical issues

Protects the public from charlatans and incompetent practitioners

Protects the profession from governmental control; self-regulation is preferable to state regulation

Enables professional colleagues to live in harmony with each other by preventing the self-destruction that results from internal bickering

Protects professionals from litigation; practitioners who follow the Code are offered some protection in suits for malpractice

Social work

Ethical Principles

Primary goal is to help people in need and to address social problems

Challenge social injustice

Respect the inherent dignity and worth of the person

Recognize the central importance of human relationships

Behave in a trustworthy manner

Practice within areas of competence and develop and enhance professional expertise

Acceptance

Individualization

Purposeful expression of feelings

Nonjudgmental attitudes

Objectivity

Controlled emotional involvement

Self-determination

Access to resources

Confidentiality and accountability

Begin With Values

Societal Values –

Professional Values –

Client Values –

Personal Values –

Values

VALUE is the reality in the inner core of a person which:

 shapes one’s ideas conditions one’s feelings

 affects one’s behavior (

Simon, Values Clarification,

1970, p. 25

)

Whether recognized or unrecognized, values are essential to professional action and to any conception of practice theory

Are implicit and explicit about what we cherish as ideal and preferable

Determine which goals and actions we evaluate as

“good”

Shape our beliefs and our attitudes and, in turn, our beliefs and attitudes shape our values

Define norms or guidelines for behavior

Laden with emotions

Influence our evaluations of situations and motivate the actions we take

SOCIETAL VALUES

Social Justice Values

(Catechism of the catholic church, 1994, catholic conference of the united states bishops, 1995, himchak, 2007)

Life and dignity of the human person

Call to family

Community and participation

Rights and responsibilities

Option for the poor, the vulnerable, and people at risk

Dignity of work and the rights of workers

Solidarity and care for God’s creation

Values shared by all helping professions

Autonomy

Nonmaleficence – do no harm

Beneficence – promote good

Justice

Fidelity – create trusting relationship

Veracity – be truthful

Common Social Work

Values

Promotion of the client ‘s well-being and individual dignity

Self-determination

The right to have basic needs met

The right to actualize one’s full potential

Client empowerment

Human diversity

Social and economic justice

Values specific to work area

Child welfare

Protection of children

Preservation of families

Respect for families

Diligence – “hanging in there” with difficult situations

culture

When do cultural/religious values of clients create ethical concerns?

When do cultural/religious values of social workers create ethical concerns?

Personal values exercises

Scale of social distance

What’s your first response?

On what are you basing your response?

What values does your response reflect?

What feelings do you have about your response?

Cognitive dissonance

(Taylor, 2007)

Feeling of discomfort arising from the conflict between professional and/or personal values and job tasks

Social workers have to make decisions that both protect society and maximize the rights of the individual

Strongest when a cognition related to self-concept conflicts with a cognition about behavior

Potential problem areas

(IFSW, IASSW)

Social worker’s loyalty often in the middle of conflicting interests

Social workers function as both helpers and controllers

Conflicts between duty to protect clients’ interests and societal demands for efficiency and utility

Limited resources

SOCIAL WORKER’S ETHICAL

RESPONSIBILITY TO SOCIETY

The social worker should promote the general welfare of society

The social worker should act to ensure that all person have access to the resources, services, and opportunities which they require

The social worker should advocate changes in policy and legislation to improve social conditions and to promote social justice

Moral questions for the Profession

What are the clients’ rights as individuals?

What are their obligations to their families?

Under what circumstances is it permissible to support the breaking up of a family?

Under what circumstances is it legitimate to override client self-determination (e.g., clients with mental illness who will not take medication)?

Is coercion justified in any given case? How far and when is individual dependency a public responsibility; how far and when a private responsibility?

In what circumstances, if any, should the client’s confidence be violated by the social worker?

Should the social worker ever be responsible for law enforcement?

ETHICS

The study of rightness and wrongness of human conduct (

Varga, 1980, p. ix

).

It is that part of a moral philosophy that concerns relationships between people, and a set of values, assumptions, beliefs, and normative rules that identify, support, and explain the duties and obligations for good, right conduct

(Siporin, 1982. p. 523).

Relates to what people consider correct or right

Generates standards that direct conduct

Represents “values in action”

Social work ethics represents behavioral expectations or preferences that are associated with social work responsibility

Ethics and values

Ethics are deduced from values and must be in consonance with them

The difference between them is that values are concerned with what is good and desirable while ethics deal with what is right and correct. (

Loewenberg et al, 2000

)

Values deal with what beliefs are appropriate

Ethics address what to do with or how to apply those beliefs

Ethical Standards

Ethical Responsibilities to Clients

Ethical Responsibilities to Colleagues

Ethical Responsibilities in Practice Settings

Ethical Responsibilities as Professionals

Ethical Responsibilities to the Profession

Ethical Responsibilities to Society at Large

PROFESSIONAL ETHICS

Refers to the moral philosophy that is the set of values, beliefs, and normative rules that prescribes and explains the obligations for good, right conduct on the part of a profession’s members

Ethical Theory

Deontological theories – certain actions are inherently right or wrong, or good and bad, without regard for their consequences. Rules, rights, and principles are sacred and inviolable. The ends do not necessarily justify the means

Teleological Theories – the rightness of any action is determined by the goodness of its consequences

Egoism – people should maximize their own good and enhance their self-interest

Utilitarianism – an action is right if it promotes the maximum good

Act utilitarianism – the rightness of an action is determined by the goodness of the consequences produced in that individual case or by that particular act

Rule utilitarianism – takes into account the longterm consequences likely to result if one generalizes from the case at hand or treats it as a precedent

Kohlberg moral dilemma exercise

KANT proposed that an action is good in itself not because of the results it produced, but if it is the product of good will. Kant’s theory is what is sometimes called a universalistic or conservative theory in that there are general rules that are not to be broken in any situation

MORAL POSITIVISM states that morality is not determined by the nature of an act but by extrinsic factors. Morality is made and not discovered. The fact that something is prescribed or forbidden makes it good or bad

(Hammurabi Code, Ten

Commandments)

THOMISM is an ethical theory that is very influential in current thinking about ethics in medicine.

According to Aquinas, ”The perfecting of creatures through the development of their natures constitutes the highest good for them”

The first natural law is that all actions that conserve life or avoid death are included in moral law

Since all living creatures share a natural inclination to propagate the species, a natural law for mankind is that the species should be propagated and children educated

Human beings are rational beings and should therefore seek truth and avoid ignorance

Aquinas did not believe that actions contrary to moral law are wrong simply because they are prohibited by God; rather, he believed that they are prohibited by God because they are wrong

God-given law - Life is sacred

Confidentiality and

Privileged

Communication

Confidential information includes personal details about the client’s identity, records of verbal statements made by the client, professional reports or professed opinions concerning the client, and content from other records (Reamer, 1995)

Relative Confidentiality is a broad term that exists for the protection of the individual client but may allow a limited amount of disclosure, especially to those co-workers, superiors, and subordinates whose knowledge of certain communications is required to aid in the therapy or planned change process of the client

Privilege refers to legal rights transpired between the worker and client and is protected by law and cannot be revealed without that client’s expressed permission

(Barker 1999)

Relative confidentiality is much more common than privilege

Social Workers may disclose confidential information when appropriate with valid consent from a client or a person legally authorized to consent on behalf of a client or when needed to defend self

(NASW 1996)

Should inform the client to extent possible about the disclosure of confidential information and the potential consequences when feasible before the disclosure is made

Self-Determination and Paternalism

Self-determination is an ethical principle that acknowledges people’s right to make their own decisions and choices (Barker 1999)

Paternalism is action that interferes with a client’s wishes or freedom for his own good (Reamer 1995)

Evaluate client’s decision-making capacity. In the social worker’s professional judgment, clients’ actions or potential actions pose a serious, foreseeable, and imminent risk to themselves or others

It also urges action on behalf of clients and pursuit of courses of action that safeguard such clients

Dual Relationships

Dual Relationships are those where social workers engage in more than one relationship with a client, becoming social worker and friend, employer, teacher, business associate, or sex partner (Kagle

1994)

Social worker assumes more than one role concurrently or consecutively

Social Workers should not engage in dual or multiple relationships with clients or former clients in which there is a risk of exploitation or potential harm to the client (NASW CODE)

Involves boundary issues

Boundaries are invisible barriers that separate various roles and limit the types of interaction expected and considered ethically appropriate for each role

Example: Social worker and client attend the same AA meeting

Think about boundary issues and establish professional boundaries from the beginning, taking cultural issues into consideration

Consult your supervisor and professional colleagues

Scrutinize your own motivations

Discuss with the clients

Sexual attraction – refer client to another professional if this cannot be resolved through supervision; never act on it

Distribute fliers on client rights and professional ethics

Whistle-Blowing

Act of informing on another or making public an individual’s, group’s or organization’s corrupt, wrong, illegal, wasteful, or dangerous behavior

How great is the threat to the potential victims?

What type and quality of proof are available that the wrongdoing has occurred or is going on?

Are there less severe alternative measures you might take to remedy the problem?

Can you assume the burden of risk? How much do you have to lose?

Guidelines for Ethical

Decision Making

(Reamer, 1999)

Rules against basic harms to the necessary preconditions of human action (such as life itself, health, food, shelter, mental equilibrium) take precedence over rules against harms such as lying or revealing confidential information or threats to additive goods such as recreation, education, and wealth

An individual’s right to basic well-being (including goods that are essential for human action) takes precedence over another individual’s right to selfdetermination

An individual’s right to self-determination takes precedence over his or her right to basic well-being

The obligation to obey laws, rules, and regulations to which one has voluntarily and freely consented ordinarily overrides one’s right to engage voluntarily and freely in a manner that conflicts with these laws, rules, and regulations

Individuals’ rights to well-being may override laws, rules, regulations, and arrangements of voluntary associations in cases of conflict

The obligation to prevent basic harms such as starvation and to promote public goods such as housing, education, and public assistance overrides the right to complete control over one’s property

Process of Ethical

Decision Making

Identify the ethical issues, including the social work values and duties that conflict

Identify the individuals, groups, and organizations likely to be affected by the ethical decision

Determine what additional information you need and how that information might affect your decision

Tentatively identify all viable courses of action and the participants involved in each, along with the potential benefits and risks for each

Thoroughly examine the reasons in favor of and opposed to each course of action, considering relevant

Ethical theories, principles, and guidelines

Codes of ethics and legal principles

Social work practice theory and principles

Client’s values (including religious, cultural and ethnic values, and political ideology), particularly those that conflict with one’s own

Personal values

Consult with colleagues and appropriate experts

(such as agency staff, supervisors, agency administrators, attorneys, ethics scholars)

Make the decision and document the decisionmaking process

Monitor, evaluate, and document the decision’s outcome

Ethics Audit

(Reamer, 2000)

Client rights

Confidentiality and privacy

Informed consent

Service delivery – competence

Boundary issues and conflicts of interest

Documentation

Defamation of character

An ethics audit should assess social workers’ familiarity with the variety of ethical dilemmas germane to their practice setting and the procedures they use to make ethical decisions

Supervision and training

Consultation

Referral

Fraud

Termination of services

Practitioner impairment

Discussion of

Specific

Ethical

Dilemmas