Roles of the
Professional
“The system depends on every
professional doing his/her job.”
Adjunct Professor Monica Bogucki
2016Copyright
Monica Bogucki
Social workers/child
protection workers
 Tennessen
Warning must be given, Minn.
Govt. Data Practice Act
 Minn. Stat. 13.04
 Why is the information being requested.
 How will the information be used.
Tennessen Warning
 The
consequences of either answering or
refusing to answer the questions
 The other persons or agencies authorized
to receive the information being
requested
Social Worker’s Ethical
Responsibility
 148E.215
RESPONSIBILITIES TO CLIENTS.
 §Subdivision 1.Responsibility to clients.
A social worker's primary professional
responsibility is to the client. A social
worker must respect the client's
interests, including the interest in selfdetermination, except when required
to do otherwise by law.
Ethical question
A
child abuse case is reported to CPS.
It is clear to the CPS worker/social
worker that the child should be placed
on a 72 hour hold. The social worker’s
supervisor tells the SW to tell the
mother to get an OFP and not place
the child on a 72 hour hold. What are
the ethical issues?
Question
A
supervisor in CPS supervises 12 SW; 6 are
licensed and 6 are not licensed. The
supervisor is a licensed social worker. Two
of the social workers are incompetent to
do the CPS work. What should the
supervisor do?
Minn. Stat. 148E.200


Subd. 3.Delegation of social work
responsibilities. (a) A social worker must not
delegate a social work responsibility to
another individual when the social worker
knows or reasonably should know that the
individual is not licensed when required to be
licensed according to sections 148E.055 and
148E.060.
(b) A social worker must not delegate a social
work responsibility to another individual when
the social worker knows or reasonably should
know that the individual is not competent to
assume the responsibility or perform the task.

Beth is eleven years old. She has been in
foster care for eight months. Beth’s mother is
an alcoholic with bipolar disorder. For years,
Beth endured chaotic and dangerous times
while living at home. About eight months
ago, Beth told her school social worker what
was happening at home. Child protection
intervened and filed a CHIPS petition. Beth’s
mother, Mary has finished her inpatient
chemical treatment program. She is also
taking her medication for bipolar disorder.
 Beth
wants to go home because she
misses her mother. The child protection
worker believes her mother is in a fragile
state of recovery and does not want Beth
to go home at this time. Beth told her
lawyer that she wants to go home as soon
as possible?
 What are the social worker’s ethical
issues?
 What are the lawyer’s ethical issues?
Social Worker’s Ethical Issues
 Who
is the client?
 Best interests versus self determination
 Minn. State 148E, et. seq.
Lawyer’s Ethical Issues
 Beth
does not want to go home
 CPS worker does not want Beth to go
home, but CPS worker’s supervisor insists
that Beth go home because of the
county budget issues.
What are the social worker’s
ethical issues?
 What
are the lawyer’s ethical issues?

Ann, a county social worker, works in the county
adoption unit. Nathan, her client is a happy child;
however, Ann has noticed that he has the
characteristics of Fetal Alcohol Spectrum Disorder.
Currently, Nathan has not been assessed for this.
In the case notes, a former social worker indicated
that Nathan’s mother drank alcohol while she was
pregnant. Ann is concerned that if he is FASD that
he will not likely be adopted. Ann is not going to
get him assessed. Ann is not going to tell the preadoptive parents that Nathan may have FASD.
Social Worker’s Ethical Issues
 What
are Ann’s ethical obligations to
Nathan?
 What are the risks of not having Nathan
assessed?
 What are the advantages of having him
assessed?




What is in Nathan’s best interest?
How could he be harmed by not have an
assessment?
148E.225 TREATMENT AND INTERVENTION
SERVICES.
§Subdivision 1.Assessment or diagnosis. A
social worker must base treatment and
intervention services on an assessment or
diagnosis. A social worker must evaluate, on
an ongoing basis, the appropriateness of the
assessment or diagnosis.
Attorney’s Advice




The county attorney should be concerned
with a Wrongful Adoption litigation in the
future.
The adoptive family is entitled to full
disclosure.
Nathan is entitled to his full Adoption Subsidy,
other benefits and services
“A lawyer shall not counsel a client to
engage, or assist a client in conduct the
lawyers knows is criminal or fraudulent…” MPR
Rule 1.2
Guardian ad Litem
 The
guardian ad litem advocates for the
best interests of the child.
 Minn. General Rules of Practice for District
Court 905.01
 Independent of the county child
protection system
 Independent investigation
ExParte Contact
 ExParte
Contact is prohibited.
 Minn. General Rules of Practice for District
Court 906
 www.mncourts.gov
Should GAL be paid or
volunteer?
 What
are the advantages of a paid
system?
 What are the advantages of a
volunteer system?
 What are the disadvantages of a
paid system?
 What are the disadvantages of a
volunteer system?
Lawyer-Client Counseling
 “A
lawyer shall abide by a client’s
decisions concerning the objectives of
representation ……”
 Minn. Rules of Professional Conduct 1.2
ABA Standards of Practice for
Lawyers who represent
children
 Meet
with the child to establish
relationship
 Visit with child prior to court hearings and
when notified of emergencies or
significant events
 ABA C-1
ABA Standards continued
 Investigate
 Conduct
independent investigations
 Review child’s social services, psychiatric,
chemical dependency, medical, law
enforcement, court files…..
 ABAC-2
 Contact
lawyers for other parties
 Interview school personnel, child welfare
workers, foster parents, clergy and other
potential witnesses
 Reviewing video or audio tapes..
 Attend other necessary meetings
Request Services
 Consistent
with the child’s wishes, the
child’s attorney should seek appropriate
services.
 ABA C-4
Child with Special Needs
 Identify
services that child may need
 Special education or related services (504
plan)
 Supplement Security Income
 Treatment programs