Week One Flashcards
Define Dual Relationship and why it is problematic?
A relationship between an SSW and client where there is both a professional relationship and a personal relationship. This is problematic due to the possible vulnerability of client may cause exploitation of the client, blurred professional lines, and impair the SSW’s objectivity
Define sanctions
Penalties or other means of enforcement used to provide an incentive for the obedience of the law
Example: for non-compliance with The Standards of Practice Handbook, sanctions may include things such as reprimand or revocation of membership
Explain liability
The state of one who is bound by law to do something which may be enforced by action.
Legal accountability under statutory authority and are held to certain standards
Example: you will have to practice under the guidelines, policies, and laws according to each piece of legislation that applies to your agency; Mental Health Act & SWSSW Act
Define malpractice
The failure of a professional to perform in compliance with one’s professional duty, such as by acting illegally, unethically, or negligently
What is professional standard?
Benchmarks to keep professionals equal in their professional performance
Example: Standards of Practice Handbook published by the College of OCSWSSW
Define mandate
Any mandatory order or requirement under statute, regulation, or public agency
Example: guideline policies, and laws according to the piece of legislation it applies, ODSP, Mental Health Act
Explain professional misconduct
Conduct that violates the SW/SWS Act, the regulations under that Act, or the Bi-Laws of the College
Incompetence - unable to do the job due to lack of experience, skill, effort, or application
Incapacity - unable to do a job because of physical or mental condition or disorder
Why should an SSW never provide legal advice?
- not qualified to give legal advice
- could be sued for malpractice
- not protected by the rule of solicitor-client privilege
- only lawyers can provide legal advice
- can only provide legal information
Explain the difference between legal information and legal advice and give examples of each.
- legal information - factual, generic and non-specific information; legal websites, legal self-help forms
- legal advice - forms an agreement between an attorney and client based on a particular legal matter; drawing up legal papers, speculating outcomes
List two benefits of membership in the OCSWSSW
- recognition as an accredited professional
- clarification of the scope of practice
- enhanced public confidence
What does R.S.O. stand for in legislation?
Revised Statutes of Ontario
When did social service professionals become a self-regulating group?
1998
SWSSW ACT 1998
Define legislation
A law or set of laws suggested by a government and made official by parliament
Define law
A generic term that refers to all rules and regulations passed by the parliament, meant to guide the conduct of people, help protect citizens, and maintain public order
Define Act
Types of laws that pertain to specific situations and circumstances. Passed by the government, to let people know the rules and regulations of the specific situation. Until an act is passed by parliament it is known as a bill.
