MANAGING A LEGAL AND ETHICAL SOCIAL WORK PRACTICE

Table of Contents

1. Overview: The Legislation and its Impact
   1. Introduction
   2. The Early History of Social Work
   3. The Need for Legislation
   4. The Implications of the Legislation
   5. Two New Social Work Functions
   6. Licensing versus Registration
   7. The Purpose of This Book
2. The Role of Ontario College of Social Workers and Social Service Workers
   1. Introduction
   2. The Structure of the College
   3. Regulations and By-Laws
   4. Title Protection
   5. Confidentiality
   6. Conclusion
3. Registration with the College
   1. The Act
   2. The Registration Regulation
   3. Conclusion
4. The Complaints Process
   1. The Registrar’s Role
   2. Form and Content of the Complaint
   3. The Origin of a Complaint
   4. Withdrawal of a Complaint
   5. Investigating the Complaint
   6. The Complaint Committee’s Decision
   7. Avoiding and Responding to Complaints
5. Disciplinary Proceedings
1. Notice of Hearing
2. Interim Orders
3. The Hearing
4. Onus and Standard of Proof
5. Finding Professional Misconduct or Incompetence
6. Penalty Considerations
6. Incapacity and Fitness to Practise
1. Introduction
2. Initiating Fitness to Practice Hearing
3. The Investigation
4. Interim Orders
5. The Hearing
6. The Decision
7. Investigations and Appeals
1. The Registrar’s Powers of Investigation
2. Appeals and Reinstatements
8. Professional Misconduct
1. Introduction
2. Ontario Regulation 384/00
   1. The Practice of the Profession and the Care of, and Relationship With, Clients
   2. Representations about Members and Their Qualifications
   3. Record Keeping and Reports
   4. Business Practices
   5. Miscellaneous Matters
3. Conclusion
9. Confidentiality
1. What is Confidentiality?
2. Exceptions to the Rules of Confidentiality
   1. Conflict Between College and Employing Organizations
   2. Social Worker Under Review
   3. Legal Obligation To Disclose
   4. Collection Agencies
   5. Disclosure: Advising the Client
   6. Protecting the Client
   7. Consent To Disclosure
   8. Limiting Disclosure
3. Confidentiality Amongst Colleagues
4. Public Information
5. Community Groups
6. Extent of Confidentiality
7. Informed Consent for Data Collection
8. Information for Research, Educational and Publication Purposes
9. Consultation versus Supervision
10. Conclusion
10. Record Keeping
1. Record Content and Format
2. Why Complete Records Are Necessary
3. What is the Social Work Record?
4. What Should Be Included In the Record?
5. Record Integrity
6. Children’s Records
7. The Importance of Proper Records
8. Record Maintenance
   1. How Long Should Records Be Kept?
   2. Maintenance of Records
   3. Records of Telephone Calls
9. Access To and Disclosure of Records
11. Releasing Client Records
1. Conclusion
12. Fees
1. Disclosing Fees and Uncertainties
2. Limits of Service and Extra Costs
3. Fee Changes
4. Billing and Collection Policies
5. Flexible Fee Schedules
6. Referral Fees
7. Contracting for Fees
8. Conclusion
13. Sexual Misconduct
1. Responsibility of the Social Worker
2. Defining Behaviour of a Sexual Nature
3. The Issue of Trust
4. When Sexual Attraction Exists
5. Client Initiated Sexual Behaviour
6. Dual Relationships and Sexual Misconduct
7. Who Is A Client?
8. Consequences of Sexual Misconduct
9. Does A Zero Tolerance Policy Go Too Far?
10. Why Sexual Misconduct Occurs
14. Mandatory Reporting
1. Whistleblowing
2. Mandatory Reporting By Social Workers
3. Mandatory Reporting By Employers of Social Workers
4. Determining When To Report
5. Dilemmas of Mandatory Reporting
6. Conclusion
15. Malpractice and Other Sources of Civil and Criminal Liability
1. Introduction
2. Malpractice
   1. Introduction
   2. The Elements of Malpractice
3. Common Malpractice Claims
4. Intentional Torts
5. Breach of Contract
6. Criminal Liability
7. Conclusion
16. Risky Aspects of Practice
1. Confidentiality
2. Privileged Communications
3. Subpoenas and Search Warrants
4. Duty To Report Abuse
5. Duties Owed to Patients and Clients
6. Conclusion
17. Malpractice Avoidance and Insurance
1. Introduction
2. Informed Consent
3. How to Respond to a Lawsuit
4. Insurance
5. Conclusion
18. A Look At the Other Provinces
1. Introduction
2. The Provincial Legislation
3. The Provincial Regulatory Bodies
19. Final Thoughts
1. Introduction
2. Minefields
3. Final Thoughts
20. Sample Forms and Agreements