The following matters may be referred to Adjudication or Mediation:
Commitment to clients Self-determination Conflicts of interest
Privacy and confidentiality
Impairment, incompetence or unethical conduct of colleagues Dual relationships with supervisees, and solicitations Client records and billing Private Conduct
Dishonesty, fraud and deception
Actions to prevent the unauthorized practice of social work
Adjudication and Mediation (contd)
Informed consent Competence Cultural competence Access to records Derogatory language Payment for services Clients lacking decisionmaking capacity Interruption of Services Termination of Services Respect Confidentiality Interdisciplinary collaboration Disputes involving colleagues Consultation Referral for Services Supervision and consultation Education and training Performance evaluation Client transfer Administration Continuing education Commitment to employer Labor-management disputes Discrimination Acknowledging credit Integrity of the Profession Evaluation and research Social welfare and political action Public participation
What Happens When an Ethics Complaint is Judged to be Unfounded?
If a complaint is reviewed by a hearing panel and the respondent is found not to have violated the Code of Ethics, the matter is closed and all references to it are kept fully confidential. There is no disclosure of the fact that there was a complaint filed. Both the complainant and the respondent have appeal possibilities that may delay the final resolution.
What Happens When a Complaint is Upheld?
When an NASW member is found in an adjudication to have violated the Code of Ethics two types of response can be recommended by a hearing panel: Corrective Actions: training, supervision, consultation, restitution, correction of a record, notification to an individuals supervisor, or a private NASW censure. These are based on the presumption that the social worker can and wants to return to fully ethical practice Sanctions: publication of adjudication findings in the NASW News, suspension or termination of membership in NASW, suspension or revocation of NASW credentials, notification to state regulatory authorities, or notification to members insurance carrier. These sanctions are based on a presumption that the social worker cannot or will not return to fully ethical practice
This course material is copyrighted and is used by permission of the author. To view the NASW Code of Ethics in its entirety, go to www.socialworkers.org
Jacob D. Stone, LSW, ACSW Stone Associates, Inc. P.O. Box 1117 Doylestown, PA 18901 215 345 6339 jds210@comcast.net