Roles of the Roles of the ProfessionalProfessionalRoles of the Roles of the ProfessionalProfessional

““The system depends on every professional doing his/her job.”The system depends on every professional doing his/her job.”Adjunct Professor Monica BoguckiAdjunct Professor Monica Bogucki

2010 CopyrightMonica Bogucki

Social workers/child protection workers

• Tennessen Warning must be given, Minn. Govt. Data Practice Act

• Minn. Stat. 13.04• Why is the information being

requested.• How will the information be used.

Tennessen Warning• The consequences of either

answering or refusing to answer the questions

• The other persons or agencies authorized to receive the information being requested

Social Worker’s Ethical Responsibility

• “A social worker’s primary professional responsibility is to the client. A social worker shall always act to protect or preserve the client’s interests, including the interest in self-determination, when making decisions that affect the client.” Minn. Rule 8740.0310, subpart 1

Ethical question• A child abuse case is reported to CPS.

It is clear to the CPS worker/social worker that the child should be placed on a 72 hour hold. The social worker’s supervisor tells the SW to tell the mother to get an OFP and not place the child on a 72 hour hold. What are the ethical issues?

Question• A supervisor in CPS supervises 12

SW; 6 are licensed and 6 are not licensed. The supervisor is a licensed social worker. Two of the social workers are incompetent to do the CPS work. What should the supervisor do?

Minn. Rule 8740.0315• Delegation and Assignment. A social

worker shall not delegate a responsibility or assign a task to another individual when the social worker knows or reasonably should know that the other individual is not licensed or competent to assume the responsibility or to perform the task.

Question• A licensed social worker who

works for CPS has never had any specific training in this area. His supervisor assigns a difficult sexual abuse case. What should this social worker do?

Minn. Rules 8740.0315, supt. 2

• Limits on practice. “A social worker shall limit practice to the permissible scope of practice for the social workers’ license and competence.”

Guardian ad Litem• The guardian ad litem advocates

for the best interests of the child.• Minn. General Rules of Practice for

District Court 905.01• Independent of the county child

protection system• Independent investigation

ExParte Contact• ExParte Contact is prohibited. • Minn. General Rules of Practice for

District Court 906

Should GAL be paid or volunteer?

• What are the advantages of a paid system?

• What are the advantages of a volunteer system?

• What are the disadvantages of a paid system?

• What are the disadvantages of a volunteer system?

Lawyer-Client Counseling

• “A lawyer shall abide by a client’s decisions concerning the objectives of representation ……”

• Minn. Rules of Professional Conduct 1.2

ABA Standards of Practice for Lawyers who

represent children• Meet with the child to establish

relationship• Visit with child prior to court

hearings and when notified of emergencies or significant events

• ABA C-1

ABA Standards continued

• Investigate• Conduct independent investigations• Review child’s social services,

psychiatric, chemical dependency, medical, law enforcement, court files…..

• ABAC-2

• Contact lawyers for other parties• Interview school personnel, child

welfare workers, foster parents, clergy and other potential witnesses

• Reviewing video or audio tapes..• Attend other necessary meetings

Request Services• Consistent with the child’s wishes,

the child’s attorney should seek appropriate services.

• ABA C-4

Child with Special Needs

• Identify services that child may need

• Special education or related services (504 plan)

• Supplement Security Income• Treatment programs

Video: Who Speaks for Me?