LIABILITY

YOLANDE CHARLES

&

SEVGUL TOPKARA- SARSU

AGENDA

• Introduction

• What is liability?

• How do we protect workers?

• Tools to reduce personal liability

• Role of managers

• Discussion and Q &A

RATIONALE

• Social Service work demands personal interaction with people in all walks of life. As a social worker, you face situations daily where you are open to the possibility of lawsuits and significant defense costs. Clients could hold you responsible for malpractice, mistakes or errors arising from your performance of professional services. As a settlement worker there are no governing body regulating the profession or setting standards. It is left up to the individual organization to set internal ethical and legal standards for the information provided by frontline workers. But what happens after the forms are filled out and signed by a worker, and the client`s perception is one of negligence by the worker or lack of knowledge prevented them from getting citizenship, sponsoring a spouse, or housing? How do we protect workers? What should you as managers put in place to reduce personal liability?

Liabilities Issues in the Settlement Service Sector

• Case Study

• “A female client discloses to settlement worker that she has been having a sexual relationship with her physician in the community. The client reported that when she pressured the physician to leave his wife, he angrily rebuffed her, sending her into crisis and ultimately to the emergency room.”

• The settlement worker is unsure if she has an obligation to report this matter to the College of Physicians and Surgeons of Ontario, the regulatory body for physicians.

•

• Test•

• Which of these situations constitutes an ethical dilemma?• A. A client shares with you that he is HIV positive but does not want you to tell his wife• B. A child very much wants to return to live with his birth mother, but you know there has been a history of drug abuse• C. A managed care company calls and insists that you fax a client’s record immediately.• D. All of the above.•

• All of the following circumstances can negate privileged communication except for:• A. The client is dangerous to himself and others• B. The judge rules that the settlement worker’s testimony is essential to the case• C. There is suspicion of child abuse or neglect.• D. The settlement worker does not like to appear in court.•

• Which statement is correct:• A. It is easy to provide cultural competent services.• B. Settlement services must be provided in the language of the client.• C. Settlement workers must know in great detail cultural characteristics of their clients.• D. Settlement workers should strive to know about their clients’ cultures.•

• The following technological advances present ethical challenges:• A. Case recording on computers• B. Faxed case reports• C. On line therapy• D. All of the above

How do we protect workers?

• HIRE SKILLED PROFESSIONALS

• DEVELOP MENTORSHIP TRAINING

• SET CLEAR OPERATIONAL GUIDELINES

• SET SERVICE STANDARDS

• PERFORM EFFECTIVE PERFORMANCE APPRAISALS

• ADHERE TO ETHICAL PRACTICES

• UNDERSTAND: PIPEDA, AODA, CONFIDENTIALITY, AND ETHICS AND PROFESSIONAL CONDUCTS

HIRE SKILLED PROFESSIONAL

• Ensure interview questions are specific to the job

• Professional has the skills as well as qualifications to complete job scope

• Service rather than cultural practice

• Reflect client centered approach to service

• Able to self evaluate

DEVELOP MENTORSHIP TRAINING

• Hit the ground running with support from seasoned staff

• Evaluation process to track progress

• Peer to peer forums

• Peer to peer accountability

• Organizational responsibility to provide proper training and support

SET CLEAR OPERATIONAL GUIDELINES

• In person

• On the phone

• Email

• Social situations

• Cultural assumption

• Religious assumption

• Documentation

SET SERVICE STANDARDS

• What can clients expect?– Friendly, respectful, supportive, knowledgeable

service

• What does organization promise?– Responsibility for staffs` action

– Service accountability

• Accountability for action on the job– Deal with issues as they are reported

– Make necessary changes to operation

PERFORM EFFECTIVE PERFORMANCE APPRAISALS

• Annually evaluate service against standards

• Staff to staff

• Manager to staff

• Set mile stones

• Follow up on learning needs

• Give feedback weekly and monthly

• DO NOT SETTLE FOR LESS THAN STANDARDS!

ADHERE TO ETHICAL PRACTICES

• CANADIAN ASSOCIATION OF CASW CODE OF ETHICS

• ADAPT TO MEET YOUR ORGANIZATIONAL STANDARDS

• STAFF SIGN OFF ON ETHICAL PRACTICE AT TIME OF HIRE

BREAK

• SELF CARE

UNDERSTAND: PIPEDA, AODA, CONFIDENTIALITY, AND

ETHICS AND PROFESSIONAL CONDUCTS

• PIPEDA

• AODA

• CONFIDENTIALITY

• CONSENT

• EITHICS AND PROFESSIONAL CONDUCTS

REMEMBER CON’T“PIPEDA”

• Personal information is considered to be any factual or subjective data, whether it is hand written, electronic or verbal, about an identifiable individual

• Example of items covered under personal information: name, gender, age, height, weight, physical characteristics, and judgments or diagnoses made about and individual

PIPEDA

• Personal information is considered to be any factual or subjective data, whether it is hand written, electronic or verbal, about an identifiable individual

• Example of items covered under personal information: name, gender, age, height, weight, physical characteristics, and judgments or diagnoses made about and individual

• Not covered under PIPEDA is employee-related information such as a person’s title, phone number, email address, business

CONSIDER: “AODA”Accessibility standards for customer

service• The Accessibility for Ontarians with

Disabilities Act, 2005 (AODA) was passed by the Ontario legislature with the goal of creating standards to improve accessibility across the province . One of the specific standards that has been developed, and made law, is the Accessibility Standards for Customer Service. This standard details specific requirements for all service providers 2012

CONSIDER“Confidentiality”

Confidentiality: “ the right to privacy in general contexts is otherwise know as confidentiality in the context of professional relationships. Confidentiality highlights a professional, ethical responsibility to respect the client’s right to control personal information and access to it” (StadlerinHerlihy and Golden 1990)

CONFIDENTIALITY CLAUSE

• CONSENT TO RELEASE INFORMATION

• I, _____________________________________, authorize Liability Community Services to share information, documents and/or records at their possession for the purpose of assisting me with services that are funded by the Government of Canada, Government of Ontario and the City of Toronto. I also understand that this information may be used to generate statistical reports and for program evaluation purposes.

•

• Date:__________________________________•

• Signature:______________________________

Ethics & Professional ConductCanadian Association of CASW Code of Ethics

• Professional conduct expected by your organization and clients. To be treated with respect and dignity. Conflict of interest are declared and personal relationships not developed with clients under 2 years. We are role models in ways to conduct business in the Canadian work force. Power- with should be our work approach rather than power- over.

TOOLS TO REDUCE PERSONAL LIABILITY

• ETHICAL AND PROFESSIONAL PRACTICE

• RULE TO GOVERN CODE OF CONDUCT

• NEED TO BE UNDERSTOOD BY ALL( CLIENT, STAFF, COMMUNITY AND STAKEHOLDERS)

• POST PROCESS

• DEAL WITH ISSUES AS NOTED

ROLE OF MANAGERS

• MONITOR STAFF• GIVE FEEDBACK• DOCUMENTATION• DEAL WITH SITUATIONS THE FIRST TIME• BE KNOWLEDGEABLE IN LEGISLATION CHANGE• SEPARATE ROLES/ SUPERVISOR/FRIEND/STAFF• PROTECTION PLANS IN PLACE: Disciplinary

defense coverage, personal injury protection, professional, general, disciplinary liability, office contents, legal entity coverage

Liabilities Issues in the Settlement Service Sector

• LIABILITY CHECKLIST• “Good practice is the best defense to possible liability.”• Agencies should provide adequate orientation, training and supervision for their employees.• Do your staff: • have a clear understanding of guidelines for ethical practice-ethical responsibilities to clients, colleagues, in professional relationships, and to the

workplace? • have a clear understanding of what is expected of them?• have access to appropriate professional consultation or supervision for professional settlement practice?• have access to ongoing training and professional education?• know the essential elements of their responsibilities and authority?• know what actions they can take on their own initiative and what actions requires supervisory approval?• know and understand related law, agency policies and practices?• know how to protect privacy and confidentiality of the clients?• understand the high risk situations for liability concerns?•

• Does your agency:• have a code of conduct policy and/or guidelines for ethical practice which explain in detail:• Off-duty conduct• Reporting obligations• Maintenance and handling of client records• Privacy and confidentiality of information• Protecting information• Accepting gifts and discounts• Conflict of interest• Appropriate, professional boundaries• Practices for termination or interruption of services and so on.• have clearly formulated record-keeping requirements together with forms and instructional materials?• have clearly formulated “acceptable standards of service”?

Liabilities Issues in the Settlement Sector

• References• CAMH. Privacy Policy. 2009.• http://www.camhx.ca/About_CAMH/Privacy/CAMH%20%20Health%20Privacy%20Policy.pdf•

• CAMH. Privacy notice. 2004.• http://www.camhx.ca/About_CAMH/Privacy/CAMH_Privacy_Notice.pdf•

• Canadian Association of Social Workers (CASW) Code of Ethics, 2005.• http://www.casw-acts.ca/en/what-social-work/casw-code-ethics• Canadian Association of Social Workers (CASW), Guidelines for Ethical Practice, 2005.• http://www.casw-acts.ca/en/what-social-work/casw-code-ethics•

• City of Toronto-Social Housing Unit. Confidentiality Policy Development Tool.• http://www.toronto.ca/housing/social_housing/otherdocs/oprevtool_confidentiality.pdf•

• City of Toronto. Conflict of Interest Policy.2005.• http://www.toronto.ca/calldocuments/conflict_of_interest_policy.htm•

• Information and Privacy Commissioner, Ontario, Canada (IPC). Best Practices and Professional Guidelines. http://www.ipc.on.ca/english/resources/best-practices-and-professional-guidelines/

•

• IPC. Ontario’s Freedom of Information and Protection of Privacy Act: A Mini Guide. 2011• http://www.ipc.on.ca/images/Resources/up-mini_p_e.pdf•

• Ontario College of Social Workers and Social Service Workers. Practice Notes.• http://www.ocswssw.org/en/practice_notes.htm•

• Ontario College of Social Workers and Social Service Workers. Code of Ethics and Standards of Practice Handbook. 2008.• http://www.ocswssw.org/docs/codeofethicsstandardsofpractice.pdf

Q&A

• Next steps for my organization!!