Debra J De Witz LICSW and Family Resource
Debra J. De. Witz, LICSW, and Family Resource Consultants present: THE ETHICS OF CHILD WELFARE PRACTICE IN TOUGH ECONOMIC TIMES © Family Resource Consultants 2016
The Code of Ethics “The Code offers a set of values, principles, and standards to guide decision making and conduct when ethical issues arise. It does not provide a set of rules that prescribe how social workers should act in all situations. ” No kidding… © Family Resource Consultants 2016
ND Department of Human Services Mission To provide quality, efficient, and effective human services, which improve the lives of people. Department's Role • Provides services that help vulnerable North Dakotans of all ages to maintain or enhance their quality of life, which may be threatened by lack of financial resources, emotional crises, disabling conditions, or an inability to protect themselves. • Supports the provision of services and care as close to home as possible to maximize each person's independence while preserving the dignity of all individuals and respecting their constitutional and civil rights. © Family Resource Consultants 2016
ND Child Protection Program Purpose • Protect the health and welfare of children by encouraging the reporting of children who are known to be or suspected of being abused or neglected. • Provide adequate services for the protection and treatment of abused and neglected children and to protect them from further harm • Identify the cause of children's deaths, where possible; Identify circumstances that contribute to children's deaths; and recommend changes in policy, practices, and law to prevent children's deaths © Family Resource Consultants 2016
ND Family Preservation Services are services designed to help families, including adoptive or extended families, alleviate crises that might lead to abuse and or neglect of children, and children being taken out of their homes. These services, which focus on family strengths, are intense and time limited. Outcomes • Keep children safely in their own homes; • Receive support in preparing for a child to be returned to their home if they have been removed; and • Receive help in connecting with other community services and supports necessary to address family needs in a culturally sensitive manner © Family Resource Consultants 2016
ND Family Preservation Services North Dakota’s new Safety Framework Practice Model will: • Increase consistency in our practice, • Provide a clear definition of safety, • Establish set criteria for removal and reunification, and • Identify and build protective capacities in parents and caregivers © Family Resource Consultants 2016
Ethical Dilemmas “An ethical dilemma arises when two or more ethical precepts conflict and it is impossible to apply them simultaneously. ” Mallon & Hess, Ed. (2014). Child Welfare for the 21 st Century. New York: Columbia University Press. Confidentiality vs child abuse reporting Children lack capacity to give informed consent, so parents must; but interests of parent and child may conflict. Must practice within our area of competence, but NO ONE is competent enough to deal with these complexities! Who really KNOWS what the best interest of the child is in these situations? © Family Resource Consultants 2016
Who does child welfare? Often, the least trained do direct work Sometimes no social work degree Often new graduates Often young, with little life experience Those most trained, experienced, supervise While this is good, doesn’t happen in rural areas Creates a “revolving door” of services One family said they “trained many workers” © Family Resource Consultants 2016
Review Code of Ethics - NASW “The primary mission of the Child welfare is not social work profession is to designed to enhance the enhance human well-being basic needs of all people and help meet the basic In general, it is still human needs of all people, “saving children, ” not with particular attention to the needs and empowerment enhancing family life of people who are vulnerable, Do we spend our money oppressed, and living in and time on family poverty. ” preservation or out of HOW MANY CHILD home placement? WELFARE FAMILIES LIVE IN POVERTY? © Family Resource Consultants 2016
The chronic health issue nature of child welfare Poverty Lack of knowledge Lack of ability Lack of resources Geographically stuck Poor early experience © Family Resource Consultants 2016
Ethical Issues in Family Work � 1. Responsibility is to the client—but the family is the client, and what may help some members may be challenging for other members � 2. The worker cannot be aligned with ONE member, not seeing one person as the client � 3. Confidentiality—will the worker share things that are said when someone is not there? � 4. A family member (a child) may share something that others did NOT wish to disclose
Ethical Issues Continued � 5. Informed consent & the right to refuse treatment �Must be stated in terms all can understand �Not all members can consent, or refuse (MI, DV, etc. ) � 6. What if one person refuses? Do others have right to treatment? Does worker have right to demand all be there? � 7. Do theoretical considerations toward improvement have to be disclosed to all clients? Can we use “techniques” that create change without consent? � 8. What about children’s rights to refuse?
Ethical Issues Continuedtherapist values � 9. Family preservation philosophy—can workers have a “preferred end? ” How about domestic violence? Sexual abuse? While workers never condone violence, can workers have a “preferred end” of treatment? � 10. Gender roles, parenting, conflict resolutions, etc—is therapist projecting their values onto the family? � 11. Worker’s own family of origin issues—will the worker over identify with a family member? Will the worker project unresolved issues onto another member? � 12. Worker culture and training can impact family
The simple health issue approach to child welfare TX Assessment (What is wrong? ) Treatment (Do what we say) Doesn’t always happen Tell them again Doesn’t always happen Threaten Doesn’t always happen Double threats TPR, not termination of services © Family Resource Consultants 2016
Some problems in CW TX: why doesn’t CW TX work? Dogs Rats Broken leg programs for chronic problems Money Priority Lack of societal support © Family Resource Consultants 2016
The chronic health issue approach to child welfare Child welfare issues: What can we do to treat it? 1. Treat mental illness and chemical dependency 2. Adequate income to reduce poverty 3. Ecomap filled with supports 4. Information regarding parenting 5. Collaborative agency support 6. Adequate therapy for trauma Do we do this for awhile, or forever? ? ? © Family Resource Consultants 2016
Do we deny long-term treatment for diabetes? Yes, for poor people… Must have transportation! Must have the ability to pay co-pay Must have organizational abilities Must have ability to learn about condition Must have money to buy healthy food Must have ability to get supplies Must have the ability to learn from experience © Family Resource Consultants 2016
Do we deny long-term treatment for child welfare? Yes, for all people… No in-patient chemical dependency TX No in-patient mental health treatment No on-going support services for parents No transportation services No ability to give clients what THEY need Very little understanding of what it is like to have been a dog or a rat, or any animal we aren’t! © Family Resource Consultants 2016
Ethical Dilemma “An ethical dilemma arises when two or more ethical precepts conflict and it is impossible to apply them simultaneously. ” Mallon & Hess, Ed. (2014). Child Welfare for the 21 st Century. New York: Columbia University Press. Serve the children, or serve the parents? © Family Resource Consultants 2016
Case example (not ND) Report: Two young children seen on rural county roadway during beet hauling season Situation: Two children, early elementary, attending school regularly, no reported problems at school Home: 6’ x 6’ hole cut in living room floor, no steps, no railings, basement floor below, power tools in living room No screens on windows, flies throughout home Food left out uncovered from lunch to supper Pets & kids have fleas © Family Resource Consultants 2016
Beyond the Code: Inside You 1. 2. 3. 4. Your family would say… Your culture would say… Your experiences would say… Your society would say… © Family Resource Consultants 2016
Beyond the Code: Professionally 1. 2. 3. 4. But it is up to us to ask… Is it less safe than other homes? Is it less healthy than other homes? Are these kids better off here or FC? © Family Resource Consultants 2016
Case example (not ND) Report: mom left children unattended, went out drinking, children removed by police Mom came to police station inebriated, demanded her kids back Wouldn’t let social workers in her home Did not attend AA regularly Did not comply with treatment plan for son Did not feed her children appropriately Children remained out of home 3 years © Family Resource Consultants 2016
Beyond the Code: Inside You 1. 2. 3. 4. Your family would say… Your culture would say… Your experiences would say… Your society would say… © Family Resource Consultants 2016
Beyond the Code: Professionally 1. It is up to us to ask…does race matter? 2. Why were these kids really removed? 3. What do we really know about mom? 4. Are these kids better off in FC? © Family Resource Consultants 2016
Case example (the “facts”) Young child walking down street during day Suitcase in hand, looking for daddy “Can’t wake mommy up. ” Police go to home, find mom and infant asleep Children separately placed with bio fathers Mother charged with felony child neglect Mother sent to prison © Family Resource Consultants 2016
Beyond the Code: Inside You 1. 2. 3. 4. Your family would say… Your culture would say… Your experiences would say… Your society would say… © Family Resource Consultants 2016
Beyond the Code: Professionally 1. 2. 3. 4. But it is up to us to ask… What is the whole reality? What was the problem here? What should have been done? © Family Resource Consultants 2016
Beyond the Code: From Another Perspective 1. 2. 3. 4. Did this mom need incarceration? Or treatment? The rest of the story… From this woman, herself… © Family Resource Consultants 2016
Tashina’s Story 1) Brief history of 2014 charge 2) My identity vs the state’s identity 3) My mental health and addiction 4) My recent charge and what lead up to it 5) The lack of resources and confusion in the ND government 6) What I tried to do to create change for others 7) How my horses are helping others heal 8) How I realized that some “helpers” are not allowed to get mental health help because it goes on their record and how it plays into the vicious cycle of trauma and doesn't help those in the system 9) Finally, I want to ask: what can I do to help YOU get help and change the system? © Family Resource Consultants 2016
A look over 40 years… What I have seen over 40 years… © Family Resource Consultants 2016
A look over 40 years What I have seen over 40 years… Change will occur—with or without your input Now take out your Smartphone and look at your pictures of kids, grandkids, nieces, nephews If you had MS, and no one to help you, what would you want someone to do so you could keep those kids? Should it be different with any parent, regardless of medical cause? © Family Resource Consultants 2016
Review Code of Ethics - NASW “The primary mission of the social work profession is to enhance human well-being and help meet the basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed, and living in poverty. ” Child welfare has not designed to enhance the basic needs of all people In general, it is still “saving children, ” not enhancing family life Let your generation change that, so that “child welfare” becomes “family welfare” HOW MANY CHILD WELFARE FAMILIES LIVE IN POVERTY? © Family Resource Consultants 2016
Review Code of Ethics - NASW “Fundamental to social work is attention to the environmental forces that create, contribute to, and address problems in living. Social workers promote social justice and social change with and on behalf of clients” Preamble-Code of Ethics)
Family First Prevention Act Chairman Brady said that, “The Family First Prevention Services Act does exactly what the title suggests — it puts families first. The bill focuses on addressing problems in the home by delivering parents much-needed support, rather than sending a child straight into foster care. Most of all, it helps ensure our children grow up in strong communities and stable homes. ” © Family Resource Consultants 2016
Geology vs. Biology Stalactites and stalagmites Formed 1 drop over time House fly Lives 15 -30 days © Family Resource Consultants 2016
Ethical Dilemmas R U: Stalactite? Stalagmite? Or house fly? Stalactite: The leader, who causes change to be made, one drop at a time, by depositing important matter to those below Stalagmite: The receptacle, receives important matter, deposits it firmly in place, and does not sway from that direction, no matter the winds of change House fly: Just survives briefly, can carry disease, no stability, just survival © Family Resource Consultants 2016
Review Code of Ethics - NASW We talk about ethics, about programs, but in the end, we have to talk about social action & legislation My first undergraduate assignment… How do kids get a lollipop? © Family Resource Consultants 2016 P
NOW, WE HAVE THE CHANCE TO BE STALACTITES AND STALAGMITES, NOT HOUSE FLIES IN CHILD WELFARE © Family Resource Consultants 2016
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