$ Ordre professionnel des travailleurs sociaux du Québec

GUIDEFOR THE PROFESSIONAL PRACTICE

OF SOCIAL WORKERSIN YOUTH PROTECTION

Adopted by theBoardMAY 11, 1995

Published by:

Ordre professionneldes travailleurs sociauxdu Québec

JUNE 1995

5757, AV. DECELLES, BUREAU 335, MONTRÉAL (QUÉBEC) H3S 2C3 TÉL.: (514) 731-3925 TÉLÉCOPIEUR: (514) 731-6785

Prepared by:

Pierre Bourassa, S. W.Grole Lesage, S.W.Louise Lessard, S.W.Jacques Simard, S.W.Eugène Tremblay, S. W.Louise Boulanger, S. W.Professional Affairs Consultant

Resource-person:Huguette HouleSecretary forProfessional Services

In this text, use of the masculine gender isunderstood to include 6oth men and women.

PREFACE

This Guide for the Professional Practice of Social Workers in Youth Protection isintended as tool for reference, discussion and reflection by social workers involved in thisfield. It is not intended to supplant the various guidelines and regulations governingapplication of the Youth Protection Act, but rather to put forward the specific nature ofthe social worker’s role and reiterate the standards applicable to this practice, whichcomplement the requirements of the Quebec Professional Code and other measuresgoverning facilities providing services in this area. The task force that produced this Guidetrusts it Will be useful to social workers in consolidating their expertise and improving thequality of their services to children and their parents, bearing in mind the increasinglydemanding interdisciplinary situation in which these services are rendered.

This Guide Will accordingly be reviewed and updated at a future date in the light ofcomments from social workers involved in the various levels of this process and ofdevelopments in this area of practice.

CHAPTER I

PROFESSIONAL IDENTITY

The social worker

The social worker is a university-trained professional who has obtained a Bachelor’sDegree in Social Work or a Master? Degree in Social Work, and is a member in goodstanding of the Ordre professionnel des travailleurs sociaux du Québec.

The Ordre professionnel des travailleurs sociaux du Québec

The OPTSQ (hereinafter called “the Ordre”), is an order exercising control over areserved title, governed by the Professional Code. Its mandate is to protect the public.Members of the Ordre must meet various obligations, including compliance with the Codeof Ethics and other regulations, such as those on the keeping of records and consultingoffices. Their practice must satisfy the provisions of the Ordre’s Standards of ProfessionalPractice. The Ordre is responsible for discipline and the professional inspection of itsmembers.

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The Professional Act

The Professional Act of the social worker is defined as follows:

“TO intervene in the social functioning process, that is, in interactionsbetween individuals, families, groups and communities and their environ-ment, to promote the mutual objective of human and social development.”(1)

Values and principles of the profession

The social work profession is based on certain fundamental values which social workersmust make a part of their professional practice. These values are listed in the Standardsof Professional Practice for Social Workers: (2)

l respect for the dignity of every individual;

l belief in the ability of every individual to evolve and develop;

l recognition of the necessity to perceive and understand the individual as an element ofinterdependent systems which may promote change;

l respect for the rights of individuals, groups and communities;

l respect for the principles of individual autonomy and self-determination;

l recognition of the right of any endangered individual to receive assistance and protectionwhen needed;

l belief in and defense of the concept of social justice.

CHAPTER II

THE SOCIAL WORKER AND THE YOUTH PROTECTION ACT

General principles and the notion of protection

The Youth Protection Act (hereinafter called “YPA”) introduces basic principles governingthe spirit in which the social worker intervenes: primary responsibility for the Child restswith his parents; the child’s interest must prevail in any decisions; time is of the essencewhen a child’s life is involved; the Child has the right to be protected and maintained ina normal family environment; both Child and parents have the right to be informed; thecommunity as a whole is responsible for the protection of children; and social, school,legal and community systems must complement each other.

The notion of protection is a limited one that does not caver all situations in whichchildren might require assistance. It requires the Director of Youth Protection (hereinafter

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called “DYP”) to intervene in exceptional situations when a report indicates that thesecurity or development of a Child appears to be in danger. This intervention is intendedto ensure that parents continue to assume their responsibilities and is carried out with theparticipation of the Child, the parents and the institutional and community system. Theultimate goal is to put an end to and prevent the recurrence of the situation by identifyingspecific objectives that may be attained by various means. The intervention of the DYPis based on maintaining parental authority wherever possible and safeguarding theinterest and rights of the Child. (3)

Any such intervention must aim for the minimum satisfaction of the basic needs of theChild in order to ensure his security and development, prevent the recurrence of situationswhich places the Child in danger, and seek to involve the parents in such a way that theymay quickly either assume or relinquish the responsibilities related to their parental roleand take steps to correct the situation.

For social workers, both the spirit and the concrete application of the YPA are part of thetheoretical and practical framework of their professional practice. The process of applyingthe Youth Protection Act, as stipulated by the law itself and laid down in the referencemanual and various protocols, is similar to the psychosocial intervention process appliedby social workers. The stages of receiving and processing a report, investigation,treatment planning, application of measures and review all correspond to the normalstages of any psychosocial intervention: data collection, assessment, intervention plan,implementation of intervention plan and assessment of the intervention.

Organizational context of social work practice in youth protection

Application of the YPA may call for the services of social workers in various ways andrequire them to take different types of responsibility, as a member of DYP staff,authorized person, collateral, supervisor or manager, depending on the organization offacilities and the situation involved.

Most social workers likely to act as authorized persons are employed in Youth Centres(4). Depending on the situation, social workers not working in youth centres may also actas authorized persons. Since the protection of children is also a community responsibility,any social worker employed by a CLSC, school, rehabilitation centre, hospital orcommunity organization may act as a collateral, in situations where the Health and SocialServices Act and the Youth Protection Act both apply. Similarly, a social worker involvedin employee assistance programs or in private practice may also be called upon to actas a collateral.

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Supervisory and managerial duties related to application of the YPA may be performedin various types of facilities.

Duties related to application of the YPA Will be performed differently depending uponwhether the social worker is a member of DYP staff, authorized person or collateral:

. Member of DYP staff (s. 32) (5): the social worker is exclusively responsible forthe following: determining the admissibility of reports, deciding whether a child’ssecurity or development is in danger, deciding how a case shall be handled,reviewing a situation, deciding to close a case, and, where needed, exercisingguardianship, receiving general consent for adoption, applying for a declaration ofeligibility for adoption and deciding to file an application for disclosure ofinformation.

. Authorized person (s. 33) (5): the social worker is responsible for drawing up andcarrying out an intervention plan or individualized service plan (6).

. Collateral: the social worker may work with the Child or parents in carrying out anindividualized service plan and must bear in mind in all interventions that theprotection and interests of the Child take precedence over ail other considerations.

It should be noted that responsibilities related to authorization and collateral functions arenot the exclusive domain of social workers and may also be assumed by otherpractitioners, whether professionals or not.

Specific nature of the professional activity of the social worker in youth protection

The professional activity of the social worker, whether a member of DYP staff, authorizedperson or collateral, is carried out through such functions as assessment, assistance,supervision and monitoring. The social worker thus works toward improving socialfunction of both Child and parents by intervening in their interactions andenvironment. The social worker has an overall view of all factors involved in asituation while acting within the limits set out in the protection mandate or theobjectives of the individualized service plan.

Certain factors, such as regional orientations, types of service providers and theapplication of various protocols, may influence the practice of social workers. They mayfind themselves facing varying and different requirements that may occasionally lead toan ethical dilemma, for example requirements imposed by the YPA, the social worker’semployer or the profession itself. It should be borne in mind, at all times, that the child’sprotection and interests take precedence over all other requirements.

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CHAPTER III

STANDARDS OF PROFESSIONAL PRACTICE IN PROTECTION SITUATIONS

The practice of social workers in youth protection situations calls for special knowledgeand skills, as well as a commitment to meet a particularly demanding professionalchallenge. In addition to the basic knowledge required for the practice of the profession,social workers in youth protection must have skills that enable them to work with clientswho may initially be unwilling to cooperate and to perform helping, supervision andmonitoring duties that, on the surface, may seem to be mutually exclusive. This type ofintervention calls for recognition of the rules inherent in the legal framework of the YPAand the ability to work with the Child, parents, other facilities in the system, the variouslegal authorities and other community resources.

The standards for professional practice in youth protection situations are in addition to thegeneral standards for professional practice (7) and are governed by both the basicknowledge required of social workers and the special skills needed for this type ofpractice, which Will lead the social worker to consider the entire body of social, economic,cultural and persona1 factors that contribute to the abuse, neglect, abandonment orbehavioural problems of children and Young people. These standards indicate thetheoretical abilities and practical skills needed by the social worker in youth protection,whether acting as an authorized person, collateral, supervisor or manager.

STANDARD 1:

THE SOCIAL WORKER IN YOUTH PROTECTION MUST COMPLY WITH THE CODEOF ETHICS OF SOCIAL WORKERS (R.S.Q., c. C-26, r. 180)

As a member of the Order, the social worker in youth protection is bound by the dutiesand obligations laid down by the Code of Ethics towards the public, the client and theprofession. The nature of this practice, however, calls for clarification of such areas asprofessional secrecy, disclosure of the contents of records and testifying in court.

Professional secrecy

Sections 3.06.01 to 3.06.13 of the Code describe the social worker’s responsibilities withrespect to confidentiality and provide additional clarification with respect to application ofa law. Section 3.06.01 states:

A social worker must respect the secrecy of all confidential informationobtained in the practice of his profession.

A social worker may be released from professional secrecy only with theauthorization of his client or when SO ordered by law.

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Section 39 of the Youth Protection Act also clarifies the responsibility of the social workeras follows:

Every professional who, by the very nature of his profession, provides tareor any other form of assistance to children and who, in the practice of hisprofession, has reasonable grounds to believe that the security ordevelopment of a Child is or may be considered to be in danger within themeaning of section 38 or 38.7, must bring the situation to the attention ofthe director without delay. The same obligation is incumbent upon anyemployee of an institution, any teacher or any policeman who, in theperformance of his duties, has reasonable grounds to believe that thesecurity or development of a Child is or may be considered to be in dangerwithin the meaning of the said provisions.

Any person, other than a person referred to in the first paragraph, who hasreasonable grounds to believe that the security or development of a Childis considered to be in danger within the meaning of subparagraph g of thefirst paragraph of section 38 must bring the situation to the attention of thedirector without delay.

Any person, other than a person referred to in the first paragraph, who hasreasonable grounds to believe that the security or development of a Child is or maybe considered to be in danger within the meaning of subparagraph a, b, c, d, e,f or h of the first paragraph of section 38 or within the meaning of section 38.1may bring the situation to the attention of the director.

The first and second paragraphs apply even to those persons who arebound by professional secrecy, except to an advocate who, in the practiceof his profession, receives information concerning a situation described insection 38 or 38.1.

It thus appears that, notwithstanding the obligation to respect professional secrecy, thesocial worker is obliged to report to the DYP without delay any situation where thereare reasonable grounds to believe that the security or development of a Child is or maybe considered to be in danger within the meaning of sections 38 and 38.1 of the YouthProtection Act.

Disclosure of records

Section 3.06.08 of the Code of Ethics states:

The contents of a clients record kept by a social worker must not berevealed, entrusted or given to a third party, in whole or in part, without theauthorization of the client concerned or where the /aw SO requires.

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The following legislation lay down the basic principles regarding the protection anddisclosure of persona1 information: section 9 of the Charter of Rights and Freedoms,sections 11.2,72.5,72.6,72.7 and 134(b) of the Youth Protection Act, sections 19 and21 of the Act respecting health services and social services, and section 59 of the Actrespecting access to documents held by public bodies and protection of persona1information. Bearing in mind the scope of these provisions, and provided a legal opinionis obtained on certain special cases, the social worker who is a member of DYP staff,authorized person or collateral may disclose the contents of a record or transmit reportsfor the purposes of applying the law without the client’s permission, in accordance withthe third paragraph of section 3.06.01 of the Code of Ethics:

A social worker must ensure that his client is fully aware of the uses thatcari be made of the confidential information obtained by the social worker.

Whatever the circumstances, the social worker must take all necessary steps to ensurethe confidential nature of such information is maintained and disclose only that informationstrictly essential to application of the law.

Testifying in court

There are two other standards applying to social workers, as stipulated in sections3.06.07 and 3.06.13 of the Code of Ethics:

A social worker called upon to carry out an expert evaluation before a courtmust inform the persons involved in the expert‘evaluation of his mandate.His report and the deposition therefore in court must contain only informa-tion related to the case.

Where he is released from professional secrecy, a social worker maydisclose only information that seems necessary to serve the interests of hisclient, particularly for the application of a legislative program in which he isrequested to collabora te.

The social worker called upon to testify in court is thus obliged to inform his client (theChild and parents) of the scope of his mandate. His testimony must be limited to thoseaspects of the situation that are related to the legal proceedings and which appearnecessary to demonstrate the interests of the Child and ensure the child’s protection.

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STANDARD II:

THE SOCIAL WORKER IN YOUTH PROTECTION MUST DEMONSTRATE ACOMMlTMENT TO THE PROFESSIONAL VALUES INVOLVED IN PROTECTIONSlTUATIONS

In addition to the fundamental values of the profession, the social worker shall:

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remain aware of his own persona1 values with respect to children and families,teaching methods, ethnie, cultural and religious differences and the impact of thesevalues at each stage of applying the Act (reporting, assessment-orientation,application of measures, review);

be aware of his own persona1 values and attitudes in exercising authority;

believe in the ability of people to change and the desire of all parents to carry outtheir responsibilities competently;

believe in the family as the best and most natural environment for the Child;

promote reciprocity in the rights of children and parents;

recognize the vulnerability of children and their need for protection by responsibleadults;

base all interventions on the premise that the child’s interest must prevail;

employ a non-judgmental attitude towards people while refusing to tolerate at riskbehaviours and situations where the Child is in danger;

adopt a multivariate analysis approach to problems coming under the YouthProtection Act;

believe in community responsibility for youth protection;

be willing to participate in any analysis, discussion or research dealing with theprevention and treatment of abuse, neglect, abandonment and behaviouralproblems.