Legal and regulatory issues and risk management in the human services profession.

Evaluate legal and regulatory issues and risk management in the human services profession.

In the human services field, it is important to recognize situations that carry risks for both the client and the professional. Once identified, risk management techniques can be utilized to protect the client and the professional.

In this assignment, you will apply and evaluate the risk management techniques you have learned in a real-life scenario while evaluating legal and regulatory issues.

Assignment Scenario

Mr. Ashford is a caseworker at the county Human Services Department. One of his clients, Mr. Lainez, is a young man who presents with many issues. He has been in foster care and is about to age out of the program to live on his own. Mr. Ashford will be assisting him with this transition.

To connect with his young client, Mr. Ashford accepts Mr. Lainez’s invitation of friendship on social media. In addition, he provides his agency email address to Mr. Lainez when he asks if there is not another way to make an appointment rather than making a telephone call and going through a receptionist.

Shortly after that, Mr. Lainez experiences several disappointing events. He loses his job, and the young woman he is dating tells him she is no longer interested in seeing him. Additionally, he is struggling to make ends meet and becomes unable to pay the rent on his first apartment.

At his wits’ end, he makes a vague suicidal threat on Facebook and sends a desperate request to Mr. Ashford to set up an appointment as soon as possible. Out on calls, Mr. Ashford does not check his email or his Facebook account for several days, missing Mr. Lainez’s cues. His young client is found dead of an overdose of medication he has been prescribed by the department psychiatrist.

Assignment Directions

Use the readings, the internet, and the Purdue Global Library to research the implications of this case study under current law and practice expectations.

Please be sure to address all of the following in your assignment:

Introduce the case study and list each of the problematic decisions Mr. Ashford made in this scenario, analyzing each in terms of its effect on the outcome.
Identify and explain other choices he could or should have made.
Evaluate the legal and regulatory implications of this case study you learned from your research.
Apply and evaluate the risk management techniques you have learned to this case over the past two units.
Would they likely have led to a different outcome for Mr. Lainez? For Mr. Ashford? Why or why not?

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Sample Answer

 

 

 

Case Introduction:

This case study presents a tragic scenario where a human services caseworker’s actions contribute to the death of a vulnerable client. By analyzing Mr. Ashford’s decisions and exploring alternative approaches, we can identify ethical breaches, legal and regulatory implications, and potential risk management techniques to prevent similar tragedies.

Problematic Decisions by Mr. Ashford:

  1. Friending client on social media: This violates professional boundaries and ethical codes like NASW and ASWB, and it creates a dual relationship

Full Answer Section

 

 

 

  1. Sharing personal contact information:Providing the agency email bypasses official channels and risks client exploitation or boundary violations outside professional communication.
  2. Neglecting communication:Missing client messages during a critical time demonstrates negligence and potentially violates agency response protocols.

Alternative Choices:

  1. Maintaining professional boundaries:Engage with Mr. Lainez on appropriate platforms and maintain clear communication boundaries.
  2. Refer to designated channels:Direct him to contact through official channels for appointment scheduling and communication.
  3. Escalate concerns:Share client’s suicidal threat with supervisors and follow agency protocols for crisis intervention.

Legal and Regulatory Implications:

Mr. Ashford’s actions might violate various legal and regulatory standards:

  • HIPAA violation:Sharing personal contact information could be considered a breach of protected health information.
  • Negligence:Failing to act on communication despite a suicidal threat might constitute negligence or breach of duty.
  • Ethical code violations:Breaching professional boundaries and neglecting client needs violate ethical codes, potentially leading to disciplinary action.

Risk Management Techniques:

Applying risk management could have mitigated the situation:

  • Client risk assessment:Regular assessments could identify suicidal risk and trigger appropriate interventions.
  • Supervision and communication:Reporting concerns to supervisors and following communication protocols ensures timely responses.
  • Boundary training and policies:Clear boundaries and policies prevent inappropriate client interactions.
  • Crisis intervention protocols:Having and following established protocols for suicidal threats ensures client safety.

Possible Outcomes:

While impossible to predict definitively, implementing these techniques could have:

  • Prompted early intervention and prevented the tragedy.
  • Protected Mr. Ashford from liability or disciplinary action.
  • Ensured adherence to legal and ethical standards.

Conclusion:

This case highlights the importance of ethical practice, professional boundaries, and risk management in human services. Learning from Mr. Ashford’s mistakes and implementing effective risk management techniques can prevent similar tragedies and protect both clients and professionals.

 

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