NCJ Number
48021
Date Published
1976
Length
7 pages
Annotation
THE LEGAL AND ETHICAL ISSUES OF THE NATURE OF THE INFORMATION-HANDLING PROCESS IN CASEWORK PRACTICE RELATED TO CHILD ABUSE ARE DISCUSSED, AND SPECIFIC GUIDELINES FOR PROPER MANAGEMENT ARE CONSIDERED.
Abstract
THE SUPREME COURT, STATUTORY PROVISIONS, AND COURT PRECEDENCE IN STATES HAVE REGULATED THE RIGHTS OF INDIVIDUALS TO PRIVACY AND PROTECTION OF PRIVILEGED INFORMATION; HOWEVER, ACCORDING TO OUR JUVENILE JUSTICE SYSTEM, THE RIGHTS OF A CHILD AT RISK OR POTENTIAL RISK TAKE PRECEDENCE OVER ALL OTHER RIGHTS THAT ARE EXPRESSED OR IMPLIED. AS A RESULTS, THE LEGAL SAFEGUARDS TO PROTECT PARENTS AND THEIR CHILDREN FROM HARM BY THE INFORMATION-HANDLING PROCESS ARE MINIMAL. THE PROTECTIVE SERVICE WORKER MAY CONCEIVABLY COLLECT AND RECORD ANY INFORMATION WHICH SEEMS RELEVANT. IT IS THEREFORE NECESSARY TO DEVELOP POLICY GUIDELINES TO LIMIT AND CODIFY THE NATURE OF THE WORKER'S INVESTIGATION. THE CASEWORKER HAS AN ETHICAL OBLIGATION TO PROTECT THE RIGHTS OF THE CHILDREN AND THEIR FAMILIES UNTIL THESE SAFEGUARDS ARE ESTABLISHED. THERE ARE VARIOUS PITFALLS THAT THE CASEWORKER MUST SEEK TO AVOID. WITH ONLY A MINIMAL AMOUNT OF INFORMATION, THE CASEWORKER MUST OFTEN ASSESS THE RISK THAT THE CHILD FACES. THIS DECISION WILL AFFECT THE POTENTIAL THERAPEUTIC RELATIONSHIP WITHIN THE FAMILY UNIT. THE CASEWORKER SHOULD AVOID MAKING SUCH A DECISION WITH AN INADEQUATE DATA BASE WHENEVER POSSIBLE AND SHOULD ALSO SHARE THE CASE WITH ANOTHER TRUSTED COWORKER IN ORDER TO OBTAIN ANOTHER PERSPECTIVE BEFORE REACHING A FINAL CONCLUSION. THE CASEWORKER SHOULD TRY TO PROVIDE FEEDBACK TO THE PARENTS AS EARLY AS POSSIBLE, BECAUSE THE MORE OPEN THE ASSESSMENT IS, THE LESS THREATENED AND ALIENATED THE PARENTS WILL FEEL. IN EVALUATING THE INFORMATION AT HAND, THE CASEWORKER SHOULD BE WARY THAT THE INFORMATION CONVEYED TO THE PARENTS DOES NOT REFLECT THE INFORMANT'S CULTURAL BIAS AND THAT THE FAMILY'S STRENGTHS AS WELL AS WEAKNESSES ARE PRESENTED. INFORMATION PROVIDED BY THE CASEWORKER'S INVESTIGATION SHOULD BE CAREFULLY FILTERED SO THAT AN ASSESSMENT IS NOT BUILT INTO A SELF-FULFILLING PROPHECY. IT IS VITAL THAT THE FAMILY'S PROGRESS BE MONITORED AFTER THE TREATMENT PLAN HAS BEEN IMPLEMENTED AND THAT THE DELIVERY OF SERVICES BE ADEQUATELY PROVIDED. RESEARCH IS NEEDED TO BETTER UNDERSTAND THE INTERPLAY OF CAUSAL FACTORS LEADING TO CHILD ABUSE, ESPECIALLY THE SOCIAL, ECONOMIC, AND HISTORICAL ANTECEDENTS OF NEGLECT AND ABUSE. A NEW NONFRICTIONAL FORM OF INTERVENTION SHOULD BE EXPLORED THAT WILL FOCUS ON SOCIAL AND ENVIRONMENTAL ELEMENTS AS WELL AS ON THE PSYCHOLOGICAL DETERMINANTS OF BEHAVIOR. (JSP)