NATIONAL ORGANIZATION OF FORENSIC SOCIAL WORK

1. NATIONAL ORGANIZATION OF FORENSIC SOCIAL WORK www.nofsw.org • Paul Brady, Executive Director • Kathleen A. Carty, PhD MSW LICSW, President Code of Ethics

2. Ethics Committee Members and Contributors • Eliot Sykes BS, MSW Forensic Social Work • Sonya Roundtree-McLain MSW LGSW (MD and DC) • Michael Feer, MA, MS, MSW, LCSW • Kathleen A. Carty, PhD MSW LICSW

3. Purpose of the NOFSW It is the purpose of the National Organization of Forensic Social Work to support and advance the practice and conduct of forensic social work as a professional discipline. In that capacity, a primary function of NOFSW will be to: • educate its membership, related professions and the public by the development and delivery of courses, forums, panels, lectures and conferences, in all those areas relating to social work and the law. • NOFSW is committed to the exchange of ideas, experience and research with all those professionals engaged in both social work and legal/forensic activities. • The NOFSW will produce a peer-reviewed Journal, occasional papers, and newsletters along with other publications as it encourages scientific research in the field. • The NOFSW will develop standards of practice and conduct for its Members and moral conduct as its Members interact with other forensic colleagues.

4. Statement of Intent In constructing an effective and enduring code of ethics it is the intent of the NOFSW, as a whole, and of each of its individual members, to commit collectively to a specific body of standards of conduct. These standards, so set out in this Code, must, and will, promulgate the NOFSW’ sense of identity, and define each member’s duties to the group, colleagues, clients, employers and society and each other as professionals. Adherence to the Code will strengthen and support each Member’s ethical decision-making, provide guidelines to improve ethical decision-making, and guide the Ethics Committee when addressing ethical complaint issues. Each member may be confronted with conflicting demands and/or actions. Thus the Code serves as a guide to following NOFSW rules in a morally responsible manner. All those committing to this Code of Ethics for NOFSW will, thereby, not only bind themselves to these standards but appreciate their duties to other Members and their profession. The Code defines those conflicting issues likely to arise, those unethical behaviors the NOFSW wishes to prevent and those morally appropriate actions each and all will support and defend. The best practice for each NOFSW member is sound judgment, i.e. the capacity to understand and appreciate the consequences of thought and deed. Each member, therefore, is deemed to be a responsible agent for the expression and vitality of the values set forth in this document, the NOFSW Canon of Ethics.

5. Ethics: Who Needs It? Very interesting……let’s see; You can only rescue one – who do you choose? A child or an adult? Hitler or Lassie?

6. Just What Is ‘ETHICS”? Simply put: Ethics is the system of individual or group beliefs held concerning just what constitutes correct or proper behavior. Two Distinctions necessary: Morals are those judgments we make about ethical systems and the behaviors that result. Values are those beliefs we hold about what is good and how those beliefs guide our lives in the present and for the future.

7. Why An Ethics Code • To advise, protect, unify and inform the members of an organization, to understand and resolve ethical issues, to distinguish such an organization. To inform potential members. To assist the membership in coping with ethical theories, ethical decision-making and ethical challenges facing practice. To set standards of practice, improve service and enhance the self-protection of practitioners. To encourage members take the initiative to report to the Ethics Committee if find yourself accused of ethical violations

8. The Values We Share: • Service • Social Justice • The Worth of the Person • Integrity • Competence • Confidentiality • Beneficence • Autonomy • Veracity

9. An Ethics Code & NOFSW • The National Organization of Forensic Social Work represents a unique collaboration amongst many professionals engaged in social justice research, advocacy, representation, education, litigation, protection and mitigation, all engaged in a wide variety of forensic settings. • In recognition of this fascinating and unique nexus - its code will be used in a broad array of differing situations and each will prompt referral to the code for specific guidance. Yet the NOFSW Code must strike that balance; capacity to apply for the specific and serve as a useful tool for evolving events and the spectrum of demands.

10. The Canons • In March of 1987, the Board of the NOFSW composed a list of 40 ethical responsibilities to the NOFSW owed by each member. • This section of the Code constitutes the Canons of Ethics. • The Canons provide members in as nearly as specific terms as possible how one should interpret the principles of the Code. Each Canon attempts to foresee problematic events and assist members in resolving potential conflicts of interest and principle.

11. The Preamble • The NOFSW Preamble to the Code sets the tone for the document and outlines both the purpose of the Organization and of the Code. • It must reflect the virtues of the Group. • It must reflect the sense of duty, as a member, to other members of the Group. • It must highlight both the prescriptive and the aspirational visions of the Group.

12. Ethical Decision-Making • Professionals are often faced with having to choose between two equally valuable courses of behavior. Literally, the choice is a dilemma. The Code of Ethics, the values and principles it denotes and aspires to is meant to be helpful in making the most suitable decision. • There are many available ways to problem-solving – one suggested

13. Section IEthical Responsibility to the National Organization of Forensic Social Work Canons: Canons: • Canon l. Each member of the National Organization of Forensic Social Work shall possess the required qualifications of education, background and experience to perform the duties of a Forensic Social Work Practitioner. • Canon 2. Members of the National Organization of Forensic Social Work shall not misrepresent a member's qualifications, education, background or experience either orally or in writing for any purpose, including purposes of obtaining membership, licensing and/or certification. • Canon 3. Each Forensic Social Work Practitioner shall keep abreast of changing laws effecting practice, participate in inservice training programs, attend professional conferences, expand their practice skills through professional publications, consult on forensic matters with professional colleagues, and present educational material to colleagues and other professionals when so requested. • Canon 4. Each member shall be responsible for informing other professionals and the public about the work and standards of the National Organization of Forensic Social Work. • Canon 5. The Forensic Social Work Practitioner shall clearly distinguish between his/her statements made on behalf of the National Organization of Forensic Social Work and those made as a private citizen. • Canon 6. The Forensic Social Work Practitioner shall attempt to clearly identify potential conflicts among laws, rules, policies and treatment goals when serving the client, in consultation with other agencies or with members of society. • Canon 7. Each Forensic Social Work Practitioner who pursues scholarly inquiry through research and publication shall insure confidentiality and minimize physical and/or psychological harm to all clients. • Canon 8. Members of the National Organization of Forensic Social Work shall only participate in research with subjects who have voluntarily given

14. Code of Ethics Section I Ethical Responsibility to the National Organization of Forensic Social Work continued • Canon l. Each member of the National Organization of Forensic Social Work shall possess the required qualifications of education, background and experience to perform the duties of a Forensic Social Work Practitioner. • Canon 2. Members of the National Organization of Forensic Social Work shall not misrepresent a member's qualifications, education, background or experience either orally or in writing for any purpose, including purposes of obtaining membership, licensing and/or certification. • Canon 3. Each Forensic Social Work Practitioner shall keep abreast of changing laws effecting practice, participate in inservice training programs, attend professional conferences, expand their practice skills through professional publications, consult on forensic matters with professional colleagues, and present educational material to colleagues and other professionals when so requested. • Canon 4. Each member shall be responsible for informing other professionals and the public about the work and standards of the National Organization of Forensic Social Work. • Canon 5. The Forensic Social Work Practitioner shall clearly distinguish between his/her statements made on behalf of the National Organization of Forensic Social Work and those made as a private citizen. • Canon 6. The Forensic Social Work Practitioner shall attempt to clearly identify potential conflicts among laws, rules, policies and treatment goals when serving the client, in consultation with other agencies or with members of society. • Canon 7. Each Forensic Social Work Practitioner who pursues scholarly inquiry through research and publication shall insure confidentiality and minimize physical and/or psychological harm to all clients. • Canon 8. Members of the National Organization of Forensic Social Work shall only participate in research with subjects who have voluntarily given his/her informed written consent. Care shall be taken to protect the privacy and dignity of research subjects. There shall be no penalty to the client for refusal to participate in any research project. • Canon 9. Appropriate credit should be given in publications according to standards set by publishers. Major contributors shall be listed. The primary author should be listed first.

15. Section IIEthical Responsibilities to Employers and Colleagues Continued continued • Canon l0. The Forensic Social Work Practitioner shall adhere to commitments voluntarily entered into between the Forensic Social Work Practitioner and the employing agency. • Canon ll. The Forensic Social Work Practitioner shall report unethical conduct of employers or colleagues to appropriate agencies and/or professional organizations. • Canon l2. The Forensic Social Work Practitioner shall refuse to participate in any unethical   • Conduct or procedure against any client, colleague or agency. • Canon l3. The Forensic Social Work Practitioner shall treat clients, • colleagues, supervisees, students and trainees with respect and dignity. • Canon l4. The Forensic Social Work Practitioner shall conduct evaluations of supervisees, students or trainees in a fair and equitable manner according to agency norms or personnel practices. Such evaluations shall be shared with the subject of said evaluation. • Canon l5. The Forensic Social Work Practitioner shall consult with colleagues upon request. • Canon l6. The Forensic Social Work Practitioner shall not solicit clients from the member's agency for private practice unless such is in accordance with the agency's policies.

16. Section IIIEthical Responsibilities to Clients • Canon l7. The Forensic Social Work Practitioner shall not discriminate on the basis of race, nationality, religion, color, age, sex, sexual orientation, mental or physical disability, political belief, marital, or legal status in providing Forensic Social Work services. • Canon l8. The Forensic Social Work Practitioner shall clearly identify the source of referral, inform individuals being evaluated or treated of the nature and purpose of the evaluation, and use applicable standards of confidentiality with whom the information will be shared. • Canon l9. The Forensic Social Work Practitioner shall not provide treatment that could endanger the physical, emotional or psychiatric health of the client. • Canon 20. The Forensic Social Work Practitioner shall seek consultation when appropriate. • Canon 2l. The Forensic Social Work Practitioner shall make referrals to other professionals and agencies when it is deemed to be in the best interest of the client. The client shall be informed of such referral. • Canon 22. The Forensic Social Work Practitioner shall avoid potential conflicts of interest by refusing to accept clients when there is a possible conflict between personal, family and/or professional responsibilities.

17. Section IIIEthical Responsibilities to Clients • Canon 23. When terminating treatment against the client's wishes, care shall be taken to adequately explain the basis for the Forensic Social Work Practitioner's decision and to insure the opportunity for continuity of services by appropriate referral to other professionals or agencies. • Canon 24. The Forensic Social Work Practitioner shall protect the confidentiality of all records and documents subject to law. Disclosures of information shall be made only with the client's informed, written consent. • Canon 25. The Forensic Social Work Practitioner shall set reasonable and customary fees which are in accordance with rates for services performed of a similar nature by other professionals. • Canon 26. The Forensic Social Work Practitioner shall make services available to selected indigent clients. • Canon 27. The Forensic Social Work Practitioner shall receive remuneration for services performed. • Canon 28. The Forensic Social Work Practitioner shall not engage in any illegal activities, fraud or deceit.

18. Section IIIEthical Responsibilities to Clients • Canon 29. The Forensic Social Work Practitioner shall not accept, demand, give or receive anything of value for making or receiving a referral from a colleague. • Canon 30. The Forensic Social Work Practitioner shall not allow his/her personal problems, mental illness, or drug or alcohol dependency to interfere in the delivery of services to clients. The Forensic Social Work Practitioner has the responsibility to seek appropriate treatment. • Canon 31. The Forensic Social Work Practitioner shall not engage in any sexual contact with clients, students, or any person under the authority of the Forensic Social Work Practitioner. • Canon 32. The Forensic Social Work Practitioner shall report any documented or suspected child abuse or neglect, abuse of patients or any other dependent persons to appropriate local or federal agencies in accordance with relevant local and national laws.

19. Section IIIEthical Responsibilities to Clients • Canon 33. The Forensic Social Work Practitioner shall notify both the appropriate legal authorities and identified potential victim(s) when serious threats to do imminent bodily harm are made by clients. • Canon 34. The Forensic Social Work Practitioner shall obtain written consent of clients when video taping or recording interviews for professional or educational purposes. • Canon 35. The Forensic Social Work Practitioner shall be mindful of special duties to clients under legal age and shall insure that only the necessary information to maximize the client's progress in treatment be given to parents, guardians or appropriate agencies.

20. Section IVEthical Responsibility to Society • Canon 36. The Forensic Social Work Practitioner has an obligation to impact proposed legislation affecting the practice of Forensic Social Work. • Canon 37. The Forensic Social Work Practitioner shall promote quality services and high standards for Forensic Social Work care equally to all people. • Canon 38. The Forensic Social Work Practitioner shall not perjure him/herself. • Canon 39. The Forensic Social Work Practitioner shall not delegate duties or responsibilities to any person not qualified to perform those duties or to accept those responsibilities. • Canon 40. The Forensic Social Work Practitioner shall not use professional knowledge and skills in any enterprise detrimental to the public well being.

21. A Decision-Making Modelafter: Kenyon • Describe the Issue • Consider the ethical guidelines • Examine the conflicts • Resolve the conflicts • Generate all possible courses of action • Examine and evaluate the courses of action • Select and evaluate the preferred course • Plan the action • Evaluate the outcome • Examine the implications.

22. Dilemmas • Wrap your brain around these. Consider carefully how you make decisions. • 1. Would it be justifiable to whip pigs to death if more succulent pork resulted from this process, thereby giving the consumer of pork more pleasure? • 2. Why punish attempted murder less than murder? • 3. Do you tell your grown children that you are not their biological father? • Want more……

23. Ethics In Practice: ‘pick your dilemma’ • Bioethics • Animal rights – Human Rights • War, Peace, Terrorism - Torture • Computer & IT Ethics • Gender & Sexism • Poverty & Welfare • Race, Racism, Ethnicity • Sexual Orientation • World Hunger • Euthanasia

24. Corrective Action

25. Corrective Actions: Guiding Principles • Membership to NOFSW is a privilege and not a right. • Its benefits include but are not limited too: networking, camaraderie, continuing education credits (CEUs), credentials and professional reference/credibility.

26. Corrective Actions: Guiding Principles • Time-limited • Covers different levels of action • Expulsion: • Suspension • Partial Expulsion • Full Expulsion • Probation • Public Censure • Private Censure

27. Ethics Committee GuidelinesforCorrective Actions

28. Ethics Committee: Guiding Principles • Provide Guidance to the Ethics Committee to assist in the implementation of Corrective Actions based on the Canon infraction(s). • Provide types of trainings that the Ethics Committee could suggest based on the infraction(S). • Covers all professions represented in NOFSW membership ranks

29. Corrective Actions: Guiding Principles • Understandable • Covers all professions represented in NOFSW membership ranks • Includes 2-way communication between Ethics Committee and Person under review

30. Ethics Committee Logs

31. Ethics Committee Logs • Ethical Question • Letter of Complaint • Response process for accused member • Follow-up/Tracking Paperwork • Ethical Question Notification • Letter of Complaint Notification • Judgment Notification • Response to Judgment Notification

32. Ethics Committee Logs: Guiding Principles • Provide a way for members of NOFSW to communicate with the Ethics Committee • Create Paper trail to increase accountability of notifier, Committee and person under review • Facilitate 2-way communication between Committee and person under review

33. Letter of Complaint • NOFSW • Ethics Council • Letter of Complaint • Please complete the following information. If there is no response please indicate “N/A” so that it is clarified that there is no additional response needed. If additional information is needed we will request it. This process is designed to structure the procedure, streamline the process, and facilitate response time. Upon receipt of this letter of complaint we will confer the Ethics Council and acknowledge receipt within 30 days. If you do not provide contact information we will not confer the Ethics Council. The final decision may be made within 90 days. • Date received: • Signature of NOFSW Ethical Counsel Chair:to be provided for each member involved) • Contact information: • Date received: ______________________________ • Name:_____________________________________ • Telephone: ________________________ • Email: • Address:__________________________ • Name of person in question: • Date

34. Letter of Complaint • Complainant’s name and contact information: • Contact information: • Date: _____________________________________ • Name:____________________________________ • Telephone: _________________________ • Email: • Address:___________________________________ • ____________________________________

35. Letter of Complaint • Date(s) of reported ethical issue of concern: • ___________________________________________________________________________ • What section(s) of the NOFSW Code of Ethics are alleged to have been violated? • ______________________________________________________________________________ • Location of alleged violation: • Agency or business:____________________________________________________________ • City: _________________________________________________________________________ • State: __________________________________________Zip code:_____________________ • Do you know if this reported ethical issue has already been addressed? Yes______ No_____ • If yes, please indicate the outcome of the investigation:

36. Letter of Complaint • Contact information: • Date notified: _____________________________________ • Name:____________________________________ • Telephone: _________________________ • Email: • Address:_______________________________ •  If this complaint has already been addressed what is the reason to bring this to the attention of the National Organization of Forensic Social Work? • Nature of issue of concern: • ____________________________________ ________________________ • Signature

37. Letter of Complaint • Documents provided by accused to support case: Please provide copies if available • (list all relevant documents and when received) • Date received:______________________________ • Signature of Committee member who received documents: • ______________________________________________________________________________ • Documents provided: Date of hearing:____________________________________________ • _ • Hearing meeting notes attached: yes_______ no________ (if no please explain) • Findings: • Recommendations: • Notification of findings and recommendations to complainant and accused: • Complainant and Accuser notified: • Date: _______________________ • Process of notification( please check all that apply) • email_____ mail_______ telephone contact________ other (please explain)_______________ • Results of notification: (any continued communication, dispute, etc.) • Date of completed report:_________________________ • Paperwork confirming process, results, recommendations enclosed: • Yes_______ No________ (if no please explain) • Signature of committee members who participated in investigation:

38. NOFSWEthics CouncilResponse from Complainant • Please complete the following information. If there is no response please indicate “N/A” so that it is clarified that there is no additional response needed. If additional information is needed we will request it. This process is designed to structure the procedure, streamline the process, and facilitate response time. Upon receipt of this response to the complaint we will confer the Ethics Council and acknowledge receipt within 30 days. If you do not provide contact information we will not confer the Ethics Council. The final decision may be made within 90 days.

39. Corrective Action

40. 3 Types of Corrective Action

41. Private Censure A letter or verbal reprimand for a professional misstep. Recommendation (not a requirement) to attend training on ethics (either with NOFSW or another credentialing organization). A suggestion to seek the support of the ethics committee for guidance with any future ethical dilemmas. Continued to enjoyment all the benefits of NOFSW membership.

42. Types of violations Witnessing or engaging in professional misconduct that is not immediately harmful to the client or profession.

43. Public Censure Recognition - NOFSW website and NOFSW newsletter. * Prevention from participating in NOFSW committees, presenting papers/workshops at NOFSW events. Prevention from serving in any type of leadership role. Membership and other benefits of membership would remain intact.

44. Types of violations Any type of action that would portray forensic social workers and/or forensic professionals in a negative light both with clients and with the public. This would also include any action that has the potential to harm the client, therapeutic relationship and/or the profession.

45. Expulsion Removal from NOFSW.* Prevention from participating in NOFSW committees, presenting papers/workshops at NOFSW events and serving in any type of leadership role in NOFSW. Attend NOFSW conferences and obtain continuing education credits.

46. Types of violations Any deliberate abuse or clearly inappropriate treatment of a client, colleague or subordinate.

47. NOFSWEthics CouncilEthical Question • Please complete the following information. If there is no response please indicate “N/A” so that it is clarified that there is no additional information should be included. If additional information is needed we will request it. This process is designed to structure the procedure, streamline the process, and facilitate response time. Upon receipt of this question regarding NOFSW code of ethics we will confer the Ethics Council and acknowledge receipt within 30 days. If you do not provide contact information we will not confer the Ethics Council. The final decision may be made within 90 days.

48. Ethical Question • Date received: • ______________________________________________________________ • Signature of NOFSW Ethical Counsel Chair: • _______________________________________________________________ • Committee members involved: (information to be provided for each member involved) • Contact information: • Date received: ______________________________ • Name:_____________________________________ • Telephone: ______________________ • Email: • Address:_________________________

49. Ethical Question • Contact information: • Date: _____________________________________ • Your name:________________________________ • Telephone: _________________________ • Email: • Address:_____________________________ • Ethical question, concern, or issue: ______________________________________________________________________________ • Date(s) of ethical question, concern, or issue: For instance, is this an issue that has already occurred but just recently come to your attention or is this an issue you are currently confronting or addressing? • ________________________________________

50. Ethical Question • What section(s) of the NOFSW Code of Ethics are in question? • ______________________________________________________________________________ • Type of agency or business: for instance, state agency, private company, legal, social work, etc. • We will need this information to guide our discovery process. • City: _________________________________________________________________________ • State: __________________________________________Zip code:______________________ • Do you know if this reported ethical question, concern, or issues has already been addressed? Yes______ No_____ • If yes, please indicate the result: •  What is the reason to bring this to the attention of the National Organization of Forensic Social Work? • Additional information that will help us to respond adequately to this issue of concern: • ____________________________________ ________________________ • Signature Date