Quote:
Originally Posted by NoddaProbBob
Hello,
I was hoping to direct this towards a social worker who has some experience in the field already.
I was wondering if, according to the Social Work Code of Ethics, if a social worker is required to report another social worker if they have violated their ethics.
I am a Counselor in Training and according to the Counseling Code of Ethics, a Counselor is required to report another Counselor to the licensure board when we know that they are in violation of their Ethics.
About a year ago I was seeing a Therapist who is a Licensed Social Worker. She eventually had to leave the office due to a layoff and I transitioned to another Therapist who also happens to be a Licensed Social Worker.
The first Social Worker did something that I know is in violation of the ethics. She did not physically harm me or harass me or anything like that, but either way, it was in violation of the Ethics. I am finally ready to talk to my new Therapist about how it hurt me and I just want to make sure before I open my mouth that I am not going to get anyone in trouble.
The first therapist helped me so much, but the way our relationship ended hurt me. Eventually this hurt became a huge barrier to my recovery that I am now just finally ready to open up about it. And it's been about a year now that this has happened.
So anyways. I just wanted to know what the consensus was. I tried to look through the Ethics code myself but it was getting meticulous.
I need to keep moving forward in my recovery and I fear that if I do not address this issue, that I am going to continue staying stuck in my current state of misery.
Thanks in advance!
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here in NY sometimes treatment providers are required to report another treatment provider other times they are not.
example here if a treatment provider knows a child whether its a treatment provider or someone else harming a child in physical, emotional or sexual ways they are bound by NY state law due to being a mandated reporter under child abuse laws.
but if for example a treatment provider is physically, emotionally or sexually abusing or engages in consensual sexual relationship with their clients another treatment provider can if they wish report it but ultimately its the adult client responsibility to make the abuse report. there are special cases such as if the client fall under the special needs/disabled adult category where by law that client is deemed incompetent to make their own mental and physical health decisions.
here in Ny when a report goes in to the ethics board about a social workers possible breach of ethics what happens is the social worker and the one making the report must go to a hearing where both sides have to give testimony of what happened. if the person making the report is not the person the event happened to the victim gets a notice that they too must attend the hearing so that the ethics board has not only the reporters side and the social workers side but also the victims side. after all testimony is given the board decides whether a breach of ethics actually happened and if so what punishment to impose...
punishment is usually things like....
the first so called punishment is loss of client meaning that therapist can no longer be that clients therapist. sometimes and in alot of cases this is the only action the ethics board recommends. and in some cases the client is already no longer on the social workers case load by the time it goes to hearing stage anyway which is why I say so called punishment. its not really a punishment if its already happened.
the next step up is a monetary value (a fine kind of like when someone gets a speeding ticket they have to pay for doing wrong) the next step up in punishment here in NY is a fine and probationary period (thats like if if someone commits the crime of shop lifting and they get put on probation and pay for what they stole.)
the next step up in ethics punishment here in NY is loss of credentials and cant work in the field of mental health for so many days, months or years.
the next step up is total loss of credentials. they can no longer be a therapist in the state of NY. that doesnt mean they cant move to another state and get their credentials there.
then if the crime is more serious prison time can result...example embezzlement, child sexual abuse and other prison related crimes.
one thing you need to know is that ......most.... times no matter what you tell someone about something that happened to you, once you turn/turned 18 the law says its your responsibilty/decision whether something about you and abuse or what ever with your treatment treatment providers/family/friends and strangers alike, gets told or not, get reported or not and gets prosecuted or not. even more so if you are no longer in contact with that person that may have harmed you. usually in ethic, state laws and national laws theres whats called a statute of limitations...that how long that breach of ethics, or crime can be acted upon, after that statute of limitations time passes no matter what happened nothing can be done. even with something as simple as debt collection has a statute of limitations attached to it, here in america.
my suggestion talk with your treatment provider they can help you research your options and let you know how long after the breath of ethics, crime what ever happened can be acted upon and what your options are for reporting/prosecuting and whether your no longer being this therapists client affects anything. there are many different breaches of ethics where the only action the ethic board imposes is removing that client from that treatment providers care.