Ethics for Child Support Caseworkers Steven Eldred Chief Deputy Director Orange County CSS CSDA Annual Conference, October 2006 “Ethics is a code of values which guide our choices and actions and determine the purpose and course of our lives.” — Ayn Rand, RussianAmerican novelist and philosopher (1905-1982) “Genuine tragedies in the world are not conflicts between right and wrong. They are conflicts between two rights.” — Georg Hegel, German philosopher (1770-1831) Outline Origins of Ethics Statutory Requirements Hypotheticals – Discussion Summary Ethics - Sources Ethics are the principles that society agrees are the right and proper guideposts for behavior in a given situation. Religious Origins Cultural Origins Family tradition and teaching Ethics in Modern Society Affected – by Mass Media? Wall Street Gordon – Gecko – “Greed is Good” Reality TV ‘It’s not cheating if you don’t get caught’ Why be Ethical? Why be Ethical? Personal satisfaction Peer approval Boss’ approval Religious inspiration Downsides to Unethical Behavior Peer disapproval - Reputation Career risks Media attention Personal virtue Religious condemnation Story # 1 Danger, Will Robinson! You are working a walk-in interview of a noncustodial parent in your caseload, and review the work history. You note that the NCP has been accused by the other parent of being abusive and violent toward their child. You sadly shrug, as this is an all-too-common allegation, and you know that in many cases it is true. Story # 1 You continue your review of the file and see that the NCP is employed at the brand-new child care center where you have enrolled your child. Your first impulse is to pull your child out of the center immediately, but . . . Story # 1 Your sister’s kids are also at the center! Can you divulge the information? – – – – To protect her kids? What about the other kids there? Isn’t information in the case files confidential? You can’t even warn the Center Director? California Family Code 17212(b)(1) Except as provided . . . all files, applications, papers, documents and records established or maintained by any [IV-D agency] . . . shall be confidential, and shall not be open to examination or released for any purpose not directly connected with the administration of the [IV-D] program. Story #2 The Secret A Custodial Party comes into the office to discuss her case. She doesn’t speak English well, so her 16-year-old daughter assists with interpreting for you. During the interview, you notice distinctive bruising on the girls arms and throat. You watched CSI last night, and know aggressive hand-mark bruising when you (or Grissom) see it. What do you do? Story # 2 You ask Mom about the bruising – Mom and daughter sob quietly, look at each other and say ‘It’s a family matter, you don’t need to be involved’. What do you do? California Family Code 17212(c)(7) To the extent not prohibited by federal law or regulation, information indicating the existence or imminent threat of a crime against a child . . . may be disclosed to any district attorney, any appropriate law enforcement agency . . . or may be used in any judicial proceeding to prosecute that crime or to protect the child. Story 2 (continued) You inform Mom that it is your duty to report suspected child abuse, and you suspect that someone in the child’s home has assaulted her. Mom cries harder now, explaining that she does not qualify for TANF benefits – the child support was her only hope of survival for her and the other 4 kids. If Dad goes to jail, they’ll be homeless…. California Penal Code 11166(a) . . . a mandated reporter shall make a report . . . whenever . . . in his or her professional capacity or within the scope of his or her employment, [he or she] has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse . . . and shall make an initial report . . . within 36 hours… Story #2 B Next interview, a Mother brings in her 15year-old daughter. The daughter is obviously 9 months pregnant, and wants to open a case. She reports that the father of her child is a classmate, and you begin to assist with the case opening process. What do you do? California Penal Code 11166(a) (1) . . .”reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion . . . To suspect child abuse or neglect. For the purpose of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse. Story #2 B During the interview, it becomes clear that the ‘classmate’ is not at the high school the girl attends, but is a classmate at an evening cooking class the mother and daughter were taking through the city parks program. He is 29 years old. What do you do? Be True to Your School 25-year-old female custodial parent comes in to your office to open a case. She gives you sketchy information about the NCP – only his name and that he is ‘younger than she is’. You ask for his work address and she gives you an address that you recognize as the local high school. You ask if he is a teacher there, and she says ‘not really, he’s my student assistant’. What do you do? (SLO v. Nathaniel J, 1996) Story # 3 Taking Attendance The front desk tells you that one of ‘your’ NCP’s is in the lobby and would like to speak with you about his case. You call him into the interview room, and following him into the room is his new wife, the 15 year-old child of the subject case, the 6-year-old child of the new couple, and the family dog. Who stays, and who goes? Story # 4 The Good Samaritan You are present in court while the Commissioner is finishing the non-IV-D case calendar. A sad-looking pro-per litigant is in front of the court, and being told by the Commissioner that she has not filed the proper paperwork, properly served the NCP or provided enough evidence of income for the court to make a ruling. Story # 4 The Commissioner, an affable person who works well with your agency to solve support process problems, asks you to please chat with the woman for a few minutes and educate her on the child support system, etc. You are only too happy to chat with her, as this allows the IV-D calendar to be heard, and she looks like she could use the help. Story # 4 The woman tells you a sad story about her ex, who she suspects may be hiding income. She had no idea there was a child support guideline, and asks for your help in understanding this. You ask her a few questions in order to assist her with running a computer calculation, and she shows you a business invoice with the NCP’s name on it. Story # 4 You immediately recognize the Ex’s name, a unique name in your town, and realize that you had been working on his IV-D case file that very morning. It becomes obvious that the woman in front of you, his wife for the past 10 years and mother of his 8-year-old daughter, has no idea that he also has a 15year old child in the next town. Story # 4 You remember from the morning’s case review that the NCP’s income is considerably different than the income this woman is showing you. If she had the complete information, this would be a very different situation. What do you do? Story # 5 Help me, Rhonda… You are in court assisting the attorneys with interviews and preparing paperwork for the court. A custodial parent, on whose case you have worked many times, approaches you and asks for your opinion. Her Ex, a sporadic payor at best, has offered her 25% cash payoff if she drops the balance of the arrears. Mom asks you if she should take the deal.… Story # 6 Wouldn’t it be nice? Your Director, a parent figure to the office, beloved by all, who went to your daughter’s wedding and gave the nicest gift, and is the godparent of several of the officeworkers’ children, calls a team meeting. She says that if the office’s performance numbers don’t improve, the County Board of Supervisors is going to fire her. She pleads with the caseworkers to do something, anything, to improve performance. What do you do? Story # 6B Just Between Friends Your friend, the latest caseworker hired, has come to you and expressed concerns. She said the latest round of state and federal budget cuts have really put pressure on the Agency to cut costs. If performance doesn’t improve drastically, the LCSA won’t get the additional funding they are hoping for. Story # 6B Your friend asks you to consider working with her to modify some cases a little outside office policy, and close some cases with a somewhat ‘aggressive’ interpretation of the closing regs. If anyone complains, she explains, of course you’ll change them back or re-open the cases. By the way, her husband was laid off last month, and one of their 3 kids needs surgery… What do you do? Story # 7 I Get Around… You believe that a policy recently adopted by your office is contrary to law but your arguments have been dismissed by your supervisors. You consider ‘going public’ and telling your story to the editor of the local newspaper. Just before you type the letter, you pause to think….. Practical Ethics, an Alternate View “We Don’t Need Another Hero” Joseph L. Badarocco, Jr. Harvard Business Review, September 2001. (Professor of Business Ethics, Harvard Business School, author of Leading Quietly: An Unorthodox Guide to Doing the Right Thing, Harvard Press, 2002.) Practical Ethics Put Things Off Until Tomorrow Pick Your Battles Bend the Rules Find a Compromise Christmas-wish stories… 10-year-old John, separated from his family by Hurricane Katrina, was living with other foster children in an emergency shelter in a Houston suburb, and had but one Christmas wish – to go home. “But there’s no way I’ll get gifts for Christmas. I don’t even believe in Santa anymore” he was quoted as saying in the Brazosport Facts newspaper. Local CPS workers had notified the newspaper about the sad boy’s story. Christmas-wish stories… The newspaper ran the story on the front page, and the charity cash started rolling in to support the foster care program. There was only one problem with the story - Christmas-wish stories… “They were just trying to tell stories that would clearly tug at the heart, capture the emotions of the readers and inspire them to give more money” said the reporter. “But they did it in a way that misled the public”. The editor said he did not understand why the CPS workers fabricated the story, as the foster kids’ real stories were compelling enough. Code of Ethics for Child Welfare Professionals (Illinois DCFS, 1996) “Child welfare professionals are society’s representatives in its attempts to meet the needs of abused and neglected children and their families. The authority delegated to them to intervene in the lives of families is accompanied by the responsibility to act in a professional manner.” Code of Ethics for Child Welfare Professionals (Illinois DCFS, 1996) “The Code of Ethics for Child Welfare Professionals is the public acknowledgement and acceptance of that responsibility. It sets forth the values and ethical principles which form the foundation of the child welfare field and is intended to guide practice decisions..” Code of Ethics for Child Welfare Professionals (Illinois DCFS, 1996) “It is also a statement of shared commitments held by professionals working to improve the child welfare field and our promise to our clients and to society that we are worthy of their trust.” Bryan Samuels, Introduction to the Code Sources: ‘We Don’t Need Another Hero’, Joseph L. Badarocco, Harvard Business Review, September 2001. Institute for Global Ethics, www.globalethics.org, 2006 Making Ethical Decisions, Josephson Institute of Ethics, www.josephsoninstitute.org, 2006. Code of Ethics for Child Welfare Professionals, Illinois Department of Children and Family Services, 2006. “Christmas Wish Story…”, Pam Easton, Associated Press, as published in San Diego Union-Tribune, December 10, 2005