What does confidentiality mean?

that a S.W. will not reveal to anyone information that she has received from a CT without the client's informed consent.

Except for compeling reasons, prevent infection, foreseable and imminent harm to client or identifiable person.

a conclusion that crucial evidence would be uncoverd.

a person will not contest the charge but not admit it.

Parole

responsibility relating to property, money, income, investments.

Federal Child Abuse Prevention and Treatment Act

 (1974)

Defines child abuse as physical or mental injury, sexual abuse, or explotation, negligent treatment.

literally "for the law suit"

Is a court appointed volunteer to speak on behalf of the best interst of the child

a person who asks the court to intervene and protect the child is called a?

Petitioner

No, although in temporary custody hearing, adjudicatiory hearings and dispositional hearings, the parent may be entitled.

Guardian of the person

initiated after a medical crisis, a gaurdian is needed to consent to or withhold consent for medical treatment.

Ex. before a pt becomes comatoes or after an accident

No, O'connor v. Donaldson

Donaldson was held involuntarily in a mental health facility for 15 years and won a lawsuit against them even though he had Paranoid Schizophrenia.

 Can individuals be involuntarily hospitalized and kept in the hospital without a court hearing?

yes, commitment can occur with or without court involvement depending on the State law and circumstances. (p.374)

What was learned from Zinermon v. Burch?

That mental health professionals have an ongoing duty in voluntary treatment settings to ensure that the mentally disabled person that capacity to consent to treatment before being deprived of their freedoms.

Can mental institutions require their patients to work for "privilages" like watching t.v?

What are the First Amendment Rights and Freedoms?

Freedom of:

1. Religion
2. Association
3. Voting
4. Speach

RAVS

  Is it permissible to deprive those that are committed to mental institutions of their 1^st amendment rights and freedoms?

No they should be given the freedoms that include: freedom of speech, religion, association, and the right to vote.

Has the supreme court established any minimum standards or safeguards in guardianship law?

The Agent

    In regard to a minor’s competency the parents will make the decisions for the minor due to a minor not being allowed to __________?

      What is a general power of Attorney

It gives the agent (the one who is authorized to act) the authority to make certain legal decisions. (legal and financial)

   How do you get around outright POA?

Get limited POA which is filed at the Bureau of Conveyance (does not include medical).

To DCCA, Dept of Commerce and Commercial Affairs

      In regard to confidentiality is the identity of and diagnosis, prognosis or treatment info on persons in a federally funded alcohol and drug treatment program confidential?

YES STRICTLY confidential

Is it permissible to disclose records &  reveal communications if the client consents to it?

Yes but the waiver/consent should be in WRITTEN form.

What is a subpoena?

It compels the SW to appear in court as a witness (scope should be limited & specific).

What is a Subpoena duces lecum?

It compels SW to turn over documents or records (scope should be limited & specific).

SW are mandated to give A Client access to all of their records.

T/F

   Can a SW refuse to comply with the subpoena?

Yes but SW should always consult with supervisor and may still be liable

 What is Vicarious Liability?

For SW’s it stems from the doctrine of Respondent Superior (Latin for “let the master answer”) and from their position as supervisors or administrators at agencies.

Should confidential client communications be sent by fax?

No due to possibility of getting the wrong number.

      How should confidential client communications be sent?

By certified mail with return receipt (keep stub)

   What did Supreme Court Justice Brandies suggest in regard to self-determination?

That a fundamental right is to be left alone. A person’s right to make their own decision is the source for the social work value of self-determination.

 Court shall determine custody in accordance with the best interest of the child by considering the parent or parents wishes, child’s wishes to his custodian, child’s adjustment to his home, school, community, etc and the mental and physical health of all individuals involved.

To qualify for federal welfare funds, a State must establish a comprehensive program to collect child support for children who receive welfare.

 without prior service on the respondent and without providing him an opportunity to be heard.

no, Thomas v. Oklahoma

Child must be 16

Report it

What are reporting acts?

two elements:

1) legal

2) physical

Shared at all times

share the company of the child and are responsible for minor day to day decisions