In today’s episode, Part 2, Allan too I beak well-nigh Section 1.05, cultural competence too whether online communities autumn nether the ethical criterion of cultural competence. Allan mentions the NASW 2016 Standards too Indicators for Cultural Competence. Influenza A virus subtype H5N1 few minutes later on I refer the 2017 NASW, ASWB, CSWE, & CSWA Standards for Technology inward Social Work Practice, too feedback that the Tech Standards too the 2018 Code of Ethics painted engineering scientific discipline every bit problematic. Spoiler alert: Allan disagreed. All of the NASW Practice Standards & Guidelines tin strength out move flora on the NASW website. We beak well-nigh department 1.04(e), knowing the laws inward your jurisdiction too the i where your customer lives too how that affects practicing across province lines amongst or without technology.
In Part 1, episode 113, nosotros provided a historical overview of the NASW Code of Ethics too discusses why the NASW Code of Ethics was revised for 2018. Then, Allan too I beak well-nigh Section 1.03, Informed Consent, too specifically subsection “i” which has to produce amongst electronic searches.
In Part 3, episode 115, nosotros beak well-nigh 1.06(g) – professional person affiliations, too the removal of the tidings “disability”. We beak well-nigh 1.15 – disruption inward electronic communications. We terminate Part 3 amongst a give-and-take of resources for folks who desire to larn to a greater extent than well-nigh the NASW Code of Ethics, too ethical issues inward social operate practice.
Bio
Allan Barsky, JD, MSW, PhD, is a professor at Florida Atlantic University where he teaches ethics, conflict resolution, addictions, generalist social work, too diversity-informed practice. His mass credits include “Interprofessional Practice amongst Diverse Populations,” “Conflict Resolution for the Helping Professions” (Oxford University Press), “Clinicians inward Court” (Guilford), too “Ethics & Values inward Social Work” (Oxford). Dr. Barsky has chaired the NASW Code of Ethics Task Force too the NASW National Ethics Committee. He has taught internationally inward Israel, the United Kingdom, Canada, the Netherlands, Switzerland, too Finland. For farther information, delight see www.barsky.orgTranscript
Introduction[00:13]
Jonathan Singer: Hey in that location podcast listener. Thanks for coming dorsum for Part 2 of my give-and-take amongst Allan Barsky well-nigh the 2018 NASW Code of Ethics.
In Part 1 nosotros talked well-nigh the history of the Code of Ethics too department 1.03(i) electronic searches.
In today’s episode, Part 2, nosotros beak well-nigh Section 1.05, cultural competence too whether online communities autumn nether the ethical criterion of cultural competence. Allan mentions the NASW 2016 Standards too Indicators for Cultural Competence. Influenza A virus subtype H5N1 few minutes later on I refer the 2017 NASW, ASWB, CSWE, & CSWA Standards for Technology inward Social Work Practice, too feedback that the Tech Standards too the 2018 Code of Ethics painted engineering scientific discipline every bit problematic. Spoiler alert: Allan disagreed. All of the NASW Practice Standards & Guidelines tin strength out move flora on the NASW website. We beak well-nigh department 1.04(e), knowing the laws inward your jurisdiction too the i where your customer lives too how that affects practicing across province lines amongst or without technology.
Interview
[02:00]
Jonathan Singer: I desire to motion on to Section 1.05 Cultural Awareness too Social Diversity. Section (b) says Social Workers should have got a cognition base of operations of their client's civilization too move able to demonstrate competence too provision of services that are sensitive to clients’ cultures too to differences amid people too cultural groups. This sounds similar something that Social Workers have got been doing for a long fourth dimension too thus it's non necessarily a novel idea, but people have got talked well-nigh participation inward online communities every bit existence cultures, every bit having a dissimilar laid of values too rules too expectations too norms. Was in that location whatever give-and-take inward the revision well-nigh whether or non the Code of Ethics considers online communities or technology-mediated relationships every bit existence client’s cultures?
Allan Barsky: So, inward damage of what the internal discussions were, nosotros were genuinely asked to sign an understanding that nosotros would non portion what those discussions were. So those were to move private, confidential discussions. What may move helpful for people is to aspect at in that location were Practice Standards, I cry back inward 2016, on Cultural Competence. I'm non sure if they brought upwards the number of whether or non a community that is online has its ain culture. But if you lot aspect at the Definition of culture, it's a grouping that has its ain language, norms, values, etc. So certainly, diverse groups that are communicating online have got dissimilar types of cultures, what's okay too what's non okay too many subcultures within. So, you lot couldn't say everybody on Facebook is the same culture. There may move some attributes that are familiar too mutual across many Facebook users but there's thus many subgroups inside Facebook every bit well. So, to me personally I would say that you lot could consider diverse online groups too diverse people who are connected through dissimilar types of digital communities that doesn't fifty-fifty have got to move social networking but in that location may move some cultural aspects. I should clarify that fifty-fifty though I was on the Task Force I am non a spokesperson for NASW. I am non hired yesteryear them. I haven't been asked to speak on their behalf.
Jonathan Singer: Right. Which is a expert clarifier too I appreciate that.
Allan Barsky: Did you lot desire to acquire dorsum to 1.05 (d)? Since nosotros were talking well-nigh cultural issues, because [sub-section] (d) is the department that's amended.
Jonathan Singer: Yes, would move happy to.
Allan Barsky: So, i of the things that Social Workers have got ever been expert at is doing a wide psychosocial assessment looking at all dissimilar areas of a person’s life: biologically, psychologically, socially, spiritually. We haven't ever been expert at assessing people inward damage of their relationships amongst technology. And so, although this is a department on cultural awareness, competence, too technology, business office of it is genuinely merely awareness that when you lot are doing operate amongst people inward damage of using technology, you lot should move aware of cultural, environmental, economic, powerfulness too linguistic factors that comport upon the utilization of these services. So, for example, there's a number of people who are using text-based services too you lot demand to have got people who have got a sure marking of non merely fluency inward English linguistic communication or whatever linguistic communication you're working inward but also a marking of literacy to move able to utilization your that technology. There's a lot of economical factors inward damage of merely access to dissimilar types of services. I know of entire programs that have got stopped providing in-person services too everything is through technology, that's assuming that everybody has tablets or computers or they've got plans that allow them large amounts of information too things similar that. So, nosotros have got to move aware of access issues for people on, economical issues too also inward damage of powerfulness issues. Now sometimes when you lot aspect at the code or you lot aspect at standards it seems to focus on the negatives but hither it genuinely talks well-nigh accessing all of these dissimilar factors too it may genuinely move that using engineering scientific discipline is a swell way to engage people amongst dissimilar abilities too dissimilar economical abilities every bit well. So, inward damage of economics, the somebody who is working a nine to v project too can't afford to accept off a duo of hours inward the middle of the solar daytime mightiness move able to connect amongst a Social Worker during dejeuner via engineering scientific discipline too thus it's genuinely to a greater extent than accessible agency for the somebody every bit opposed to a less accessible means.
Jonathan Singer: Well, you lot know I appreciate you lot clarifying the musical note of the Code of Ethics amongst regards to engineering scientific discipline because in that location are places inward in that location where it sounds similar the Code is proverb engineering scientific discipline is bad.
Allan Barsky: Could you lot delight cry for out a department where it genuinely says engineering scientific discipline is bad? I cry back people came upwards amongst that critique too nosotros tried to alter whatever of that linguistic communication because I cry back it's non fifty-fifty a selection betwixt amongst engineering scientific discipline or non amongst engineering scientific discipline anymore because in that location is oftentimes a blending too so, nosotros heard really loudly too tried to brand sure that in that location wasn't a disceptation that said engineering scientific discipline was riskier or engineering scientific discipline was 2nd rate. In fact, inward many cases engineering scientific discipline tin strength out move better. We produce genuinely add together linguistic communication where people say good why produce you lot have got to add together that linguistic communication well-nigh engineering scientific discipline because shouldn't nosotros know it anyhow too i of the reasons that nosotros added that linguistic communication is because fifty-fifty though the existing Standard should have got covered the number nosotros were finding a lot of problems amongst it. So, for example, inward damage of utilization of respectful language, there's a number of places where nosotros are talking well-nigh sexual relations or sexual harassment or respectful language. We made sure that nosotros clarified that it's non merely orally or inward writing but it could also move digital communications which could include sending memes or pictures or electronic videos too people would say good why produce you lot genuinely demand that? We have got had a number of incidents, fifty-fifty on the NASW website, where people have got been sending really vitriolic linguistic communication too really insulting linguistic communication to people that I don't cry back they would have got said if nosotros were having these conversations inward somebody thus nosotros did it to sweat to highlight that genuinely it is an educational tool, it's non changing the nature of the obligations but merely existence really clear well-nigh these types of standards, they apply whether it's amongst engineering scientific discipline or without technology.
[09:01]
Jonathan Singer: So, you lot eluded to feedback that you lot received well-nigh specifically the engineering scientific discipline do standards is that correct?
Allan Barsky: Yeah, nosotros got feedback to both the engineering scientific discipline standards too also to the Code of Ethics.
Jonathan Singer: Oh, okay.
Allan Barsky: Both were gear upwards for feedback from people. Also, I've been doing a number of presentations around the province including some at the Social Work too Social Work didactics conferences too people convey upwards these concerns thus it's swell that you lot could have got these dissimilar dialogues amongst people.
[09:39]
Jonathan Singer: Yes, that's really strengths-based way of thinking well-nigh it. But you lot asked well-nigh sections where it sounded similar in that location was an implication that engineering scientific discipline was bad too that's form of really absolute linguistic communication but I desire to cry for i out that to me speaks to that too I would dearest to hear what you lot have got to say. So, nether department 1.03 Informed Consent nether alphabetic character (g), the terminal judgement says, "If clients produce non wishing to utilization services provided through engineering scientific discipline Social Workers should assist them seat alternate methods of service." In my mind, a to a greater extent than tech-friendly disceptation would have got included a corollary which is too if clients produce non wishing to utilization services that are traditionally provided too would prefer engineering scientific discipline too thus Social Workers should assist them seat those technology-mediated services. So that's what I hateful yesteryear saying, in that location are places where in that location is a musical note that I'm reading too I volition acknowledge my bias that has places where it sounds similar engineering scientific discipline is the less favorable alternative too thus you lot should ever move able to notice them the amend alternative which would move the traditional services.
Allan Barsky: So, i of the things that nosotros are trying to produce amongst the Code of Ethics is to educate people too there's Social Workers amongst diverse levels of familiarity too comfort amongst engineering scientific discipline too thus if you lot aspect at the entirety of Informed Consent it does beak about, merely inward general, nosotros should inform clients well-nigh the purposes of services, risks, etc. too clients have got a right to enquire questions too either consent to or refuse dissimilar types of services. So, they could refuse in-person services, I cry back you're right that nosotros could have got worded that department differently but what was decided was to acquire out the balance of the Standard intact too have got a item paragraph to merely educate people well-nigh the utilization of technology. So yes, it could have got talked well-nigh both directions. I'm non sure that it's proverb that don't utilization engineering scientific discipline because it's worse. I cry back it's merely proverb if you're using engineering scientific discipline brand sure you lot assess people's powerfulness to utilization it too nosotros produce similar for whether it's technology-assisted or non engineering scientific discipline assisted inward before parts. And I would genuinely cry back that 10 or 20 years from now, some of these sections on engineering scientific discipline could in all probability move taken out completely because people would have got flora ways to brand utilization of engineering scientific discipline inward a way that doesn't genuinely split out inward somebody vs. engineering scientific discipline thus for a lot of people it notwithstanding feels similar it's something novel or dissimilar but every bit nosotros motion along it's in all probability going to, we're in all probability going to contain things inward a way that's to a greater extent than fluid.
[12:37]
Jonathan Singer: Which I cry back is also a overnice matter to move on inward hear too I appreciate you lot pointing out that, which is that the NASW Code of Ethics is a responsive document, a reply to things that alter inward the society, too the ways that the Profession changed too thus I cry back you're right, I cry back it would brand sense to cry back that inward 20 years from directly some of the things are novel volition move merely integrated into society. I don't know just what those volition be, but it's overnice to know that that's something that nosotros tin strength out cry back frontward to.
Allan Barsky: We're both Professors, I don't know if you've ever looked at some of your older syllabi too inward older syllabi you lot sort of explained to people how to log on to Blackboard or Web CT whatever the online type of service was. We had provided a lot to a greater extent than information to students for how to utilization engineering scientific discipline too directly there's merely sort of an supposition that people know how to log on too produce all the basics. Now it's grooming people to produce something at higher levels or newer types of technology.
Jonathan Singer: Yes, that's a swell analogy. Absolutely true, too inward fact, I flora i of the trainings that I did dorsum inward my erstwhile agency inward 1997 too I genuinely defined what a mouse was.
Allan Barsky: Probably had to position a motion painting of it too.
[13:55]
Jonathan Singer: I did. I know that there's some other things inward the Code of Ethics that have got changed around confidentiality too boundary issues too professional person responsibleness too I'm wondering if you lot could beak well-nigh some of those, peculiarly some that volition alter the way Social Workers cry back well-nigh do or peradventure practice. Could you lot address some of those changes?
Allan Barsky: Okay, thus i change, it's solely a duo of words, but they're really critical words 1.07c, when we're talking well-nigh confidentiality. So, the starting fourth dimension business office of it is the disceptation that we're to move on information confidential except for compelling professional person reasons. And too thus it gives some possible exceptions to those too thus the main exception inward the 2nd sentence, "keeping information confidential does non apply when disclosure is necessary to preclude serious foreseeable imminent damage to customer or others." Now it used to move serious foreseeable too imminent damage to the customer or some other identifiable person. We've taken out the term identifiable too merely position inward damage of others or other people because in that location are a number of states directly that genuinely have got inward their laws duties to study or duties to protect whether or non the other people are identifiable.
So, if you lot aspect sort of historically, people volition aspect dorsum to the mid-1970's amongst the Tarasoff cases. Those were the starting fourth dimension times ever that the courtroom started to recognize that confidentiality is non absolute too that in that location are occasions when nosotros have got duties to 3rd parties, people who aren't inward the Social Work customer human relationship when their life or serious direct chances to their life or their trunk is at risk. So that was the starting fourth dimension time, dorsum inward the 1970's too I cry back the linguistic communication was trying to move fairly restrictive proverb that if somebody threatens a specific somebody too thus that duty could move triggered, but if it’s non an identifiable somebody what could nosotros produce well-nigh it? Why should nosotros boundary confidentiality? So, in that location was a lot of concerns that if nosotros had also many Social Workers or also many mental wellness professionals breaching people's confidentiality inward monastic say to protect other people too thus clients wouldn't come upwards to us, they wouldn't trust us, they wouldn't opened upwards up amongst us, nosotros wouldn't move able to create a positive working human relationship amongst them.
Now, I notwithstanding cry back it's of import that Social Workers boundary the types of disclosures too when that duty to protect or duty to study is triggered, but we've had a number of concerns inward recent years where clients or others have got made threats or it's been known that they are posing risks to others but it isn't necessarily an identifiable "other person." So if you lot were to operate amongst somebody who was existence radicalized yesteryear ISIS or yesteryear some other terrorist arrangement too you lot knew that in that location was a threat to a schoolhouse to a populace gathering etc. but you lot didn't know which schoolhouse or which specific people at that populace gathering would move targeted, nether the erstwhile framing of the Standard in that location wouldn't move an exception to confidentiality, thus hither you lot demand to utilization your discretion inward damage of what triggers that duty to study or duty to protect too what tin strength out you lot produce inward monastic say to protect too at the same fourth dimension minimize the breach of confidentiality. So merely because in that location is a direct chances to some other somebody of serious imminent harm, you lot may non demand to break to others. If you lot are able utilization effective crisis management counseling, if you lot are able to develop a security plan, if you lot are able to acquire the client's permission to portion information amongst the potential victim, too thus you lot are non breaching confidentiality. But, if the customer is posing a direct chances to others too working amongst the customer inward a collaborative way too obtaining consent is non possible too thus you lot have got to cry back well-nigh okay when tin strength out nosotros portion information amongst others, the potential victim, the law other people inward the community inward monastic say to brand sure that nosotros are protecting them from serious harm. So that's a alter too everybody is going to have got to know province yesteryear province what their laws say inward damage of produce they have got a positive duty? produce they have got discretion? when is that discretion fifty-fifty met? So, nosotros utilization the linguistic communication of serious foreseeable too imminent harm.
The statues inward dissimilar states too the licensing laws may utilization slightly dissimilar linguistic communication or considerably dissimilar language. And i of the exceptions that I would convey upwards is the province of New Hampshire. I was presenting in that location too nosotros were talking well-nigh imminent damage to the customer or others too somebody said "Well what well-nigh property? What well-nigh buildings?" I said good I don't know of whatever legal responsibleness to protect buildings from imminent harm, good nosotros looked inward their province laws too it was genuinely built into their province laws thus cry back that's i of the things that nosotros have got to move aware of is that there's dissimilar legal duties that affects also what our ethical responsibilities are too you'd enquire what would move dissimilar directly than inward the past, non merely inward damage of the Code of Ethics, but merely inward damage of our practices, in that location are far to a greater extent than Social Workers that are practicing across borders, too thus if you lot are going to do across province lines you lot demand to know what the laws are, non merely the licensing laws, but kid protection laws too laws similar what are the responsibilities of Social Workers too mental wellness professionals when in that location is serious foreseeable too imminent damage to the clients others or fifty-fifty to property.
[19:44]
Jonathan Singer: That's a genuinely expert point. And nosotros know that you're not, that Social Workers are not, allowed to do inward other states where they are non licensed too I know that that is something that has come upwards up a lot amongst online do too you lot convey upwards a compelling argue why Social Workers should cry back twice before proverb "Ehh, it'll move fine." Because in that location are these complex tangle of laws that tin strength out vary province yesteryear state. And things similar protecting holding is non something I've ever thought of. But, similar you lot said, if it's inward New Hampshire too you're practicing inward Vermont too you lot don't know that too thus you're non coming together your professional person responsibilities to empathise the laws inward that state.
Allan Barsky: Right, Right, having moved to Florida. Florida is a sort of an oddball province to compare it to some of the others. For instance, the courts hither have got decided the contrary of Tarasoff. The courts here, there's notwithstanding a notion of illegitimacy of children for some purposes too if the kid is born out of matrimony too thus the manful somebody bring upwards is non required to move contacted for consent if there's going to move an adoption. How would you lot know that unless you lot genuinely studied the laws inward those item states? I did desire to clarify something that you lot said well-nigh Social Workers non existence allowed to do across province lines. So, there's a large "it depends." So, we're non allowed to do across province lines inward damage of types of services that require licensure. But nosotros tin strength out do across province lines if in that location are no requirements for licensure or no restricted practice. So lots of macro do goes across province lines too in that location is no requirement for licensure inward each too every province that you're practicing. You could furnish coaching services, you lot could furnish counseling that doesn't amount to therapy, you lot could produce basic psychosocial assessments. You could non produce diagnoses. If you lot aspect at 1.04 (e) that's i of the additions you lot demand to know the laws of the jurisdiction of which you lot are introduce too also the laws of the jurisdiction where the customer is located.
--End--
[21:59]
Jonathan Singer: Hey podcast listeners, it's me again. Did you lot taste it? Good. Well, if you lot haven't already listened to Part 1, delight produce that. And don’t forget to hear to Part 3. Part 1 is an overview too history of the NASW Code of Ethics, too a give-and-take of department 1.03(i) searching the spider web for information well-nigh your clients. In Part 3, episode 115, Allan too I beak well-nigh 1.06(g) – professional person affiliations too the removal of the tidings “disability”. We beak well-nigh 1.15 – disruption inward electronic communications. We terminate Part 3 amongst a give-and-take of resources for folks who desire to larn to a greater extent than well-nigh the NASW Code of Ethics, too ethical issues inward social operate practice. Alright. I'm done!
APA (6th ed) citation for this podcast:
Singer, J. B. (Producer). (2018, Jan 5). #114 - 2018 NASW Code of Ethics (Part2): Interview amongst Allan Barsky, JD, MSW, PhD [Audio Podcast]. Social Work Podcast. Retrieved from /search?q=social-work-ethics-interview-with-allan
Jonathan Singer: Well, you lot know I appreciate you lot clarifying the musical note of the Code of Ethics amongst regards to engineering scientific discipline because in that location are places inward in that location where it sounds similar the Code is proverb engineering scientific discipline is bad.
Allan Barsky: Could you lot delight cry for out a department where it genuinely says engineering scientific discipline is bad? I cry back people came upwards amongst that critique too nosotros tried to alter whatever of that linguistic communication because I cry back it's non fifty-fifty a selection betwixt amongst engineering scientific discipline or non amongst engineering scientific discipline anymore because in that location is oftentimes a blending too so, nosotros heard really loudly too tried to brand sure that in that location wasn't a disceptation that said engineering scientific discipline was riskier or engineering scientific discipline was 2nd rate. In fact, inward many cases engineering scientific discipline tin strength out move better. We produce genuinely add together linguistic communication where people say good why produce you lot have got to add together that linguistic communication well-nigh engineering scientific discipline because shouldn't nosotros know it anyhow too i of the reasons that nosotros added that linguistic communication is because fifty-fifty though the existing Standard should have got covered the number nosotros were finding a lot of problems amongst it. So, for example, inward damage of utilization of respectful language, there's a number of places where nosotros are talking well-nigh sexual relations or sexual harassment or respectful language. We made sure that nosotros clarified that it's non merely orally or inward writing but it could also move digital communications which could include sending memes or pictures or electronic videos too people would say good why produce you lot genuinely demand that? We have got had a number of incidents, fifty-fifty on the NASW website, where people have got been sending really vitriolic linguistic communication too really insulting linguistic communication to people that I don't cry back they would have got said if nosotros were having these conversations inward somebody thus nosotros did it to sweat to highlight that genuinely it is an educational tool, it's non changing the nature of the obligations but merely existence really clear well-nigh these types of standards, they apply whether it's amongst engineering scientific discipline or without technology.
[09:01]
Jonathan Singer: So, you lot eluded to feedback that you lot received well-nigh specifically the engineering scientific discipline do standards is that correct?
Allan Barsky: Yeah, nosotros got feedback to both the engineering scientific discipline standards too also to the Code of Ethics.
Jonathan Singer: Oh, okay.
Allan Barsky: Both were gear upwards for feedback from people. Also, I've been doing a number of presentations around the province including some at the Social Work too Social Work didactics conferences too people convey upwards these concerns thus it's swell that you lot could have got these dissimilar dialogues amongst people.
[09:39]
Jonathan Singer: Yes, that's really strengths-based way of thinking well-nigh it. But you lot asked well-nigh sections where it sounded similar in that location was an implication that engineering scientific discipline was bad too that's form of really absolute linguistic communication but I desire to cry for i out that to me speaks to that too I would dearest to hear what you lot have got to say. So, nether department 1.03 Informed Consent nether alphabetic character (g), the terminal judgement says, "If clients produce non wishing to utilization services provided through engineering scientific discipline Social Workers should assist them seat alternate methods of service." In my mind, a to a greater extent than tech-friendly disceptation would have got included a corollary which is too if clients produce non wishing to utilization services that are traditionally provided too would prefer engineering scientific discipline too thus Social Workers should assist them seat those technology-mediated services. So that's what I hateful yesteryear saying, in that location are places where in that location is a musical note that I'm reading too I volition acknowledge my bias that has places where it sounds similar engineering scientific discipline is the less favorable alternative too thus you lot should ever move able to notice them the amend alternative which would move the traditional services.
Allan Barsky: So, i of the things that nosotros are trying to produce amongst the Code of Ethics is to educate people too there's Social Workers amongst diverse levels of familiarity too comfort amongst engineering scientific discipline too thus if you lot aspect at the entirety of Informed Consent it does beak about, merely inward general, nosotros should inform clients well-nigh the purposes of services, risks, etc. too clients have got a right to enquire questions too either consent to or refuse dissimilar types of services. So, they could refuse in-person services, I cry back you're right that nosotros could have got worded that department differently but what was decided was to acquire out the balance of the Standard intact too have got a item paragraph to merely educate people well-nigh the utilization of technology. So yes, it could have got talked well-nigh both directions. I'm non sure that it's proverb that don't utilization engineering scientific discipline because it's worse. I cry back it's merely proverb if you're using engineering scientific discipline brand sure you lot assess people's powerfulness to utilization it too nosotros produce similar for whether it's technology-assisted or non engineering scientific discipline assisted inward before parts. And I would genuinely cry back that 10 or 20 years from now, some of these sections on engineering scientific discipline could in all probability move taken out completely because people would have got flora ways to brand utilization of engineering scientific discipline inward a way that doesn't genuinely split out inward somebody vs. engineering scientific discipline thus for a lot of people it notwithstanding feels similar it's something novel or dissimilar but every bit nosotros motion along it's in all probability going to, we're in all probability going to contain things inward a way that's to a greater extent than fluid.
[12:37]
Jonathan Singer: Which I cry back is also a overnice matter to move on inward hear too I appreciate you lot pointing out that, which is that the NASW Code of Ethics is a responsive document, a reply to things that alter inward the society, too the ways that the Profession changed too thus I cry back you're right, I cry back it would brand sense to cry back that inward 20 years from directly some of the things are novel volition move merely integrated into society. I don't know just what those volition be, but it's overnice to know that that's something that nosotros tin strength out cry back frontward to.
Allan Barsky: We're both Professors, I don't know if you've ever looked at some of your older syllabi too inward older syllabi you lot sort of explained to people how to log on to Blackboard or Web CT whatever the online type of service was. We had provided a lot to a greater extent than information to students for how to utilization engineering scientific discipline too directly there's merely sort of an supposition that people know how to log on too produce all the basics. Now it's grooming people to produce something at higher levels or newer types of technology.
Jonathan Singer: Yes, that's a swell analogy. Absolutely true, too inward fact, I flora i of the trainings that I did dorsum inward my erstwhile agency inward 1997 too I genuinely defined what a mouse was.
Allan Barsky: Probably had to position a motion painting of it too.
[13:55]
Jonathan Singer: I did. I know that there's some other things inward the Code of Ethics that have got changed around confidentiality too boundary issues too professional person responsibleness too I'm wondering if you lot could beak well-nigh some of those, peculiarly some that volition alter the way Social Workers cry back well-nigh do or peradventure practice. Could you lot address some of those changes?
Allan Barsky: Okay, thus i change, it's solely a duo of words, but they're really critical words 1.07c, when we're talking well-nigh confidentiality. So, the starting fourth dimension business office of it is the disceptation that we're to move on information confidential except for compelling professional person reasons. And too thus it gives some possible exceptions to those too thus the main exception inward the 2nd sentence, "keeping information confidential does non apply when disclosure is necessary to preclude serious foreseeable imminent damage to customer or others." Now it used to move serious foreseeable too imminent damage to the customer or some other identifiable person. We've taken out the term identifiable too merely position inward damage of others or other people because in that location are a number of states directly that genuinely have got inward their laws duties to study or duties to protect whether or non the other people are identifiable.
So, if you lot aspect sort of historically, people volition aspect dorsum to the mid-1970's amongst the Tarasoff cases. Those were the starting fourth dimension times ever that the courtroom started to recognize that confidentiality is non absolute too that in that location are occasions when nosotros have got duties to 3rd parties, people who aren't inward the Social Work customer human relationship when their life or serious direct chances to their life or their trunk is at risk. So that was the starting fourth dimension time, dorsum inward the 1970's too I cry back the linguistic communication was trying to move fairly restrictive proverb that if somebody threatens a specific somebody too thus that duty could move triggered, but if it’s non an identifiable somebody what could nosotros produce well-nigh it? Why should nosotros boundary confidentiality? So, in that location was a lot of concerns that if nosotros had also many Social Workers or also many mental wellness professionals breaching people's confidentiality inward monastic say to protect other people too thus clients wouldn't come upwards to us, they wouldn't trust us, they wouldn't opened upwards up amongst us, nosotros wouldn't move able to create a positive working human relationship amongst them.
Now, I notwithstanding cry back it's of import that Social Workers boundary the types of disclosures too when that duty to protect or duty to study is triggered, but we've had a number of concerns inward recent years where clients or others have got made threats or it's been known that they are posing risks to others but it isn't necessarily an identifiable "other person." So if you lot were to operate amongst somebody who was existence radicalized yesteryear ISIS or yesteryear some other terrorist arrangement too you lot knew that in that location was a threat to a schoolhouse to a populace gathering etc. but you lot didn't know which schoolhouse or which specific people at that populace gathering would move targeted, nether the erstwhile framing of the Standard in that location wouldn't move an exception to confidentiality, thus hither you lot demand to utilization your discretion inward damage of what triggers that duty to study or duty to protect too what tin strength out you lot produce inward monastic say to protect too at the same fourth dimension minimize the breach of confidentiality. So merely because in that location is a direct chances to some other somebody of serious imminent harm, you lot may non demand to break to others. If you lot are able utilization effective crisis management counseling, if you lot are able to develop a security plan, if you lot are able to acquire the client's permission to portion information amongst the potential victim, too thus you lot are non breaching confidentiality. But, if the customer is posing a direct chances to others too working amongst the customer inward a collaborative way too obtaining consent is non possible too thus you lot have got to cry back well-nigh okay when tin strength out nosotros portion information amongst others, the potential victim, the law other people inward the community inward monastic say to brand sure that nosotros are protecting them from serious harm. So that's a alter too everybody is going to have got to know province yesteryear province what their laws say inward damage of produce they have got a positive duty? produce they have got discretion? when is that discretion fifty-fifty met? So, nosotros utilization the linguistic communication of serious foreseeable too imminent harm.
The statues inward dissimilar states too the licensing laws may utilization slightly dissimilar linguistic communication or considerably dissimilar language. And i of the exceptions that I would convey upwards is the province of New Hampshire. I was presenting in that location too nosotros were talking well-nigh imminent damage to the customer or others too somebody said "Well what well-nigh property? What well-nigh buildings?" I said good I don't know of whatever legal responsibleness to protect buildings from imminent harm, good nosotros looked inward their province laws too it was genuinely built into their province laws thus cry back that's i of the things that nosotros have got to move aware of is that there's dissimilar legal duties that affects also what our ethical responsibilities are too you'd enquire what would move dissimilar directly than inward the past, non merely inward damage of the Code of Ethics, but merely inward damage of our practices, in that location are far to a greater extent than Social Workers that are practicing across borders, too thus if you lot are going to do across province lines you lot demand to know what the laws are, non merely the licensing laws, but kid protection laws too laws similar what are the responsibilities of Social Workers too mental wellness professionals when in that location is serious foreseeable too imminent damage to the clients others or fifty-fifty to property.
[19:44]
Jonathan Singer: That's a genuinely expert point. And nosotros know that you're not, that Social Workers are not, allowed to do inward other states where they are non licensed too I know that that is something that has come upwards up a lot amongst online do too you lot convey upwards a compelling argue why Social Workers should cry back twice before proverb "Ehh, it'll move fine." Because in that location are these complex tangle of laws that tin strength out vary province yesteryear state. And things similar protecting holding is non something I've ever thought of. But, similar you lot said, if it's inward New Hampshire too you're practicing inward Vermont too you lot don't know that too thus you're non coming together your professional person responsibilities to empathise the laws inward that state.
Allan Barsky: Right, Right, having moved to Florida. Florida is a sort of an oddball province to compare it to some of the others. For instance, the courts hither have got decided the contrary of Tarasoff. The courts here, there's notwithstanding a notion of illegitimacy of children for some purposes too if the kid is born out of matrimony too thus the manful somebody bring upwards is non required to move contacted for consent if there's going to move an adoption. How would you lot know that unless you lot genuinely studied the laws inward those item states? I did desire to clarify something that you lot said well-nigh Social Workers non existence allowed to do across province lines. So, there's a large "it depends." So, we're non allowed to do across province lines inward damage of types of services that require licensure. But nosotros tin strength out do across province lines if in that location are no requirements for licensure or no restricted practice. So lots of macro do goes across province lines too in that location is no requirement for licensure inward each too every province that you're practicing. You could furnish coaching services, you lot could furnish counseling that doesn't amount to therapy, you lot could produce basic psychosocial assessments. You could non produce diagnoses. If you lot aspect at 1.04 (e) that's i of the additions you lot demand to know the laws of the jurisdiction of which you lot are introduce too also the laws of the jurisdiction where the customer is located.
--End--
[21:59]
Jonathan Singer: Hey podcast listeners, it's me again. Did you lot taste it? Good. Well, if you lot haven't already listened to Part 1, delight produce that. And don’t forget to hear to Part 3. Part 1 is an overview too history of the NASW Code of Ethics, too a give-and-take of department 1.03(i) searching the spider web for information well-nigh your clients. In Part 3, episode 115, Allan too I beak well-nigh 1.06(g) – professional person affiliations too the removal of the tidings “disability”. We beak well-nigh 1.15 – disruption inward electronic communications. We terminate Part 3 amongst a give-and-take of resources for folks who desire to larn to a greater extent than well-nigh the NASW Code of Ethics, too ethical issues inward social operate practice. Alright. I'm done!
Resources too References
- Barsky, A. E. (2017). Conflict resolution for the helping professions (3rd ed.). New York: Oxford University Press.
- Barsky, A. E. (2012). Clinicians inward court: Influenza A virus subtype H5N1 guide to subpoenas, depositions, testifying, too everything else you lot demand to know. New York: Guilford Press.
- Barsky, A. E. (2010). Ethics too values inward social work: An integrated approach for a comprehensive curriculum. New York: Oxford University Press.
- Barsky, A. E. (2017). Social Work Practice too Technology: Ethical Issues too Policy Responses. Journal of Technology inward Human Services, 35(1), 8–19. doi: 10.1080/15228835.2017.1277906
- Barsky, A. E. (2016). The Ethics of App-Assisted Family Mediation: The Ethics of App-Assisted Family Mediation. Conflict Resolution Quarterly, 34(1), 31–42. doi: 10.1002/crq.21168
- Hilty, D. M., Ferrer, D. C., Parish, M. B., Johnston, B., Callahan, E. J., & Yellowlees, P. M. (2013). The Effectiveness of Telemental Health: Influenza A virus subtype H5N1 2013 Review. Telemedicine Journal too E-Health, 19(6), 444–454. doi: 10.1089/tmj.2013.0075
- NASW Webinar on the 2018 Code of Ethics: https://naswwa.inreachce.com/Details?groupId=77263aba-2bf3-4da4-852e-51b56cf90067
- Reamer, F. (2013-06-11). The NASW Code of Ethics. Encyclopedia of Social Work. Retrieved 3 Jan. 2018, from http://socialwork.oxfordre.com/view/10.1093/acrefore/9780199975839.001.0001/acrefore-9780199975839-e-829.
APA (6th ed) citation for this podcast:
Singer, J. B. (Producer). (2018, Jan 5). #114 - 2018 NASW Code of Ethics (Part2): Interview amongst Allan Barsky, JD, MSW, PhD [Audio Podcast]. Social Work Podcast. Retrieved from /search?q=social-work-ethics-interview-with-allan
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