Confidentiality Flashcards
Assent vs Consent
- the agreement of someone not able to give legal consent to participate in an activity, such as a teenager in therapy.
- not a legal requirement, but it is an ethical one that
respects the autonomy and preferences of the young client.
subpoena
lawfully issued mandate that compels the social worker to appear in court or release specific information.
It is not a court order but
should be responded to by:
- complying OR
-PREFERRED: claiming privileged communication and not turning over records unless the court issues a
subsequent order to do so
Court Order
Must be followed by the social worker otherwise there may
be legal consequences.
Social workers should request that the
court withdraw the order or limit the order as narrowly as possible or maintain the records under seal, unavailable for public inspection
mandated reporting key areas
- Children: Physical abuse, emotional abuse, sexual abuse, and neglect.
- Vulnerable Adults: Physical abuse, emotional abuse, neglect, sexual abuse, and financial exploitation.
- Domestic Violence: Support your client’s self-determination unless a child is involved. If child is involved determine risk for child: injuries, display or use of weapon, threat from abuser to kill, non-abusive parent forced to flee and leave child with abuser, adult victim unable to care for child because of trauma
types of reporting
- Automatic Reports: When a child/vulnerable adult discloses abuse or neglect.
- Indicators-Based Reports: When observing signs from a child/vulnerable adult that may suggest abuse or neglect, prompting further assessment.
components needed for a report
You don’t need proof to report; suspicion is enough. Focus on gathering information about the who and what, without conducting a full investigation
