Part 2 Flashcards
Confidentiality
information about a client not be disclosed to anyone except under conditions agreed to by the client
Reporting Child Maltreatment
If you have reasonable grounds to suspect that a child is, or may be in need of protection, you must immediately report the suspicion and the information on which it is based directly to a children’s aid society. If you think the matter is urgent and you cannot reach the children’s aid society, call your local police
The Child, Youth and Family Services Act, 2017 (CYFSA)
Provides protection for these children
What happens with a child maltreatment report is received?
- Society worker will assess the risk and urgency of the situation based on the Ontario Child Welfare Eligibility Spectrum.
- The society worker will determine whether an investigation is needed by considering all relevant information, including other available information about the child’s vulnerability, safety threats, risks and patterns of previous child involvement with the society
PHIPA (2004)
Personal Health Information Protection Act (Ontario)
PIPEDA (2000)
Personal Information Protection and Electronic Documents Act (Canada)
Your Duty to Report Overrides Professional Confidentiality (How?)
A professional must report that a child is, or may be, in need of protection even when the information is otherwise confidential or privileged.
The only exception is the privilege that exists between a lawyer and the lawyer’s client.
Privilege
The right of an individual to withhold information from course or legal proceedings (client may waive privilege)
Privacy
The right of individuals to control their personal information which is guaranteed in the Charter of Rights and Freedoms
Code of Ethics
Be careful not to relay incidental information about colleagues, team members, other collaborators, the primary clients or contract examinees of others, research participants, employees, supervisees, students, or trainees
Duty to Protect
- Inadequate assessment of client dangerousness
- Failing to warn
- Failure to commit dangerous individuals
- Prematurely discharging dangerous clients from a hospital.
Autonomy
All persons have the right to decide who has access to their private information
Discretion
Behaving or speaking in such a way as to avoid causing offense by revealing private information
Third-Party access to Information after death
Responsibility to protect our clients’ confidentiality continues
Health Care Consent Act, 1996
Informed consent to treatment
“A consent to treatment is informed if…”
a) the person received the information that a reasonable person in the same circumstances would require in order to make a decision about the treatment
b) the person received responses to his or her requests for additional information about those matters.
Consent must… (4 points)
- Relate to the treatment
- Be informed
- Be given voluntarily
- Not be obtained through misrepresentation or fraud
Age of Consent in Ontario
16 years old
Age of consent for medical treatment in Ontario
No particular age
Consent for adoption in Ontario
7 years old (most jurisdictions is 12 years old)
Age of consent for children’s participation in research
15 years old, guardian consent needed
Do No Harm: Knowledge def.
state of having absorbed and understood
Do No Harm: Skills def.
ability to apply knowledge effectively
Do No Harm: Judgement def.
knowing when to apply what knowledge and skills
Beneficence
strong connotation of doing good for others
Benevolence
being concerned with helping others
Nonmaleficence
obligation of doing no harm
Nonmalevolence
absence of cruel intent or motive
Diligence
consistently attending to our knowledge, skills and judgement
The Start of Detailed Consideration of Consent
Early 1970s
Fiduciary Relationship
consent agreement between professional and client is based on a special relationship
Consent Factors (2 factors)
- age
- maturity
