Workers In The Community Service Industry

Published Date: 02 Nov 2017

Task A Question 1

Why is important for a worker in the CSI to follow their job description?

Duty of care

Workers in the community service industry should follow their job description as it is important to give a standard of care in the service is of the highest importance

The industry standards that effect a job description also affect the service provided. Stands are the way things are carried out. They provide information on the beliefs, attitudes and values of community services work.

They are the written policies and procedures the industry has a whole must follow. Workers need to know about accreditation and legislation that affects their job description.

It is important for a worker in the community service industry to follow their job descriptions as it defines their role in the organisation and who they are answerable to.

The job description should feature areas to which responsibilities extend and the scale of responsibilities e.g. to support community, families and individuals as an advocate, point of referral and/ or resource.

Beliefs of the organisation, there mission statement, are supported by the services policies and procedures. Policies point out the general direction of the service and the procedures are the guide lines that direct how the policy will be put into place. As a worker you need to support the organisation policies by following its procedures as they will be a part of the job description

Taken from E-training resources. 2013. E-training resources. [ONLINE] Available at: http://legacy.communitydoor.org.au/resources/etraining/units/chccs301a/section3/section3topic02.html. [Accessed 27 January 2013].

"A key aspect of following procedures involves working within the scope of your role and responsibilities. It is vital therefore that you know what your job role entails and know what to do when you are unsure of your role and/or your work instructions."

To ensure the highest standard of service.

To meet the legal requirements, such as Legislation, regulations and awards.

To minimise the risk of legal action from clients

Standardises tasks and procedures for employee and employer

Ensure that the organisation which is the employer is portrayed in a positive way thus ensuring stability of employment for worker and clients for the employer.

Understand and Maintain responsibilities that are within the realms of their job of employment

To understand and follow directives and procedures mentioned under their responsibilities

Know when to delegate tasks that they are unsure of how to perform such as Ethical Dilemmas

Know what is required for reporting purposes not only for financial accountability but to ensure that they can provide the best response for their clients

Ensure that they provide timely and correct services that their clients need to provide the outcomes that they have listed with worker

In a nutshell, a job description is a guideline or user manual that directs the CSI Worker in providing the best possible objective service to their client within the guidelines of the company to minimise risk or litigation

A community service worker needs to know their job description as policy and procedures and guidelines vary from service to service.

Task A Question 2 Define the term policy.

A policy is a course of action or guidelines to be followed.

As stated in the document "policy definitions v4.FINAL for Tool Kit cs 29.06.12.docx which can be freely obtained from.

Partnership Forum.  Partnership Forum [ONLINE] Available at http://www.partnershipforum.dpc.wa.gov.au/policytoolkit/WorkingTogether/Documents/policy%20definitions%20v4.FINAL%20for%20Tool%20Kit%20cs%2029.06.12.docx [Accessed 2nd February 2013]., states that a policy is not a direct instruction or process but rather is a ‘statement of intent" or a "commitment"

It is a "rule to guide decisions and achieve outcomes"

This document goes even further in the case of CSI workers and lists three policies as shown below

"

Broad policy which enunciates government wide direction;

Specific policy which may be developed for a particular sector or issue area; and

Operational policy which may guide decisions on programs, and project selection. With respect to the forms that government policy can take, it is reflected most typically in legislation, regulations and programs. These are often referred to as policy instruments. "

The idea of policy is not to hinder or limit the work performed but to provide a working map for the CSI workers in delivering the services required to their clientele

Task A Question 3 Define the term procedure.

A procedure is a series of clear precise steps to be followed constantly throughout the agency or service as a whole. This ensures that

the policies can be implemented

meet legal requirements for law and Government Departments both State and Federal

The QLD government’s disability key project named "Positive Futures" has this to add about the term procedure

"….help service providers meet the requirements and ensure consistency with the department's policies and procedures"

,taken from Publications and resources - Disability Services, Department of Communities, Child Safety and Disability Services (Queensland Government). 2013. Publications and resources - Disability Services, Department of Communities, Child Safety and Disability Services (Queensland Government). [ONLINE] Available at: http://www.communities.qld.gov.au/disability/key-projects/positive-futures/publications-and-resources#forms. [Accessed 03 February 2013

Task A Question 4 Why do community services industry workers need to work within agency policy and procedures? Provide 3 reasons.

To ensure they do their job properly and a not placed in a position of compromise that could adversely impact them or the provider

Such possibilities are:-

ethical dilemmas

inappropriate use of agency resources

Accepting a gift, no matter how sincere its intent

To ensure proper duty of care to a client

To prevent negligence-maintaining acceptable standard of care

-health and safety

*Confidentiality-clear steps to follow to ensure consistency of action

direct links between current legislation and practice principle 

So no unnecessary harm is caused to clients

Task A Question 5 Give 5 examples of areas that should be covered in the policy and procedures manual.

Below are 5 examples of what I feel should be covered in the policy procedures manual

client rights and responsibilities

Occupational Health, and safety procedures

Case management procedures

Case management is the process of assessment, planning implementation, monitoring and review.

Screening and assessment of individual/family capacities and needs

Case planning to determine the goal and objectives

Communication

Notification of child abuse procedures

Duty of care

Task A Question 6 Define the term legislation.

Legislation is the rules and regulations that are passed in state or federal parliament. An Act of parliament clearly defines what is legal and illegal and you can be punished by law by not abiding by legislation.

I have taken some examples from the document titled Chapter 3: Workplace Training and Support, with the sub document "Policies and Procedures" which is the programme used for NSW Health Staff undertaking the Aboriginal Mental Health Worker Training Program.

This program whilst focused on Indigenous Mental Health is still an area of Client Services so I feel that it has some use in my explanations

The examples below are from, NSW Health- Chapter 3: Workplace Training and Support. 2013. NSW Health- Chapter 3: Workplace Training and Support. [ONLINE] Available at:http://www.crrmh.com.au/amhwtp/chapter3.html. [Accessed 03 February 2013]. Page 2

This example is in regards to protecting the individuals that the worker is providing the service for, it also states implications and consequences of not following the stipulated rules.

"There are several important pieces of legislation that Trainees will need particularly to know about: the NSW Mental Health Act 2007 and Children and Young Persons (Care and Protection) Act 1998. These laws are meant to provide protection to individuals, the community and employees. If the laws are not adhered to, there are penalties attached."

On page 3 under the title "Codes of Conduct" from NSW Health- Chapter 3: Workplace Training and Support. 2013. NSW Health- Chapter 3: Workplace Training and Support. [ONLINE] Available at:http://www.crrmh.com.au/amhwtp/chapter3.html. [Accessed 03 February 2013].

"Breaches of the NSW Health Code of Conduct may lead to disciplinary action and breaches of certain sections of the Code of Conduct, where the conditions reflect the requirements of legislation, may be punishable under law"

Task A Question 7 Define the term statutory requirements.

This advice provides information regarding the statutory requirements of mandatory reporting to the Child Protection Service.

Legislation regarding mandatory reporting was first introduced in Victoria in the early 1990s. This followed the identification of incidents where children were subject to significant abuse, and despite the involvement of professionals, were not reported to the statutory child protection system

Task A Question 8 Define the term regulatory requirements

The term Regulatory Requirements are service requirements made by the government that are laws which have to be adhered to

An example is the legislation regarding mandatory reporting of incidents where children were being or at risk of suffering some form of abuse be it physical, emotional, psychological or sexual.

This was to help decrease the number of unreported abuses where the Department Of Human Services were not able to intervene.

This mandatory reporting is similar to the convention of ‘early intervention’ or preventative to protect the children.

Task A Question 9 List three pieces of legislation impacting on the community services industry and state the purpose of each.

The three pieces of legislation that I am listing are as follows

Guardianship act 1987

Privacy and personal information protection act 1998 - sect 57

Disability services act 1993 no 3

Example 1

GUARDIANSHIP ACT 1987

The guardianship Act from my understanding is to ensure that people who have disabilities of any description no matter its manifestation is to:-

Ensure that the welfare of the person is paramount

Enable independent decision making and not restrict their choices and ensure that they can live a normal life as possible in the community.

Maintain relationships with family and cultural diversity

Basically an autistic indigenous person should be entitled to the same experiences and rights as any ‘Neurotypical’ indigenous person provided that it is not detrimental to their health and wellbeing.

The term "Neurotypical" as described by Neurotypical - Wikipedia, the free encyclopaedia. 2013. Neurotypical - Wikipedia, the free encyclopaedia. [ONLINE] Available at:https://en.wikipedia.org/wiki/Neurotypical. [Accessed 08 February 2013]., explains it as people who do not suffer or diagnosed as having Autistic behaviours or symptoms, in other words , people who are or have developed what is known as "normal"

GUARDIANSHIP ACT 1987 - SECT 4 General principles. 2013. GUARDIANSHIP ACT 1987 - SECT 4 General principles. [ONLINE] Available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/ga1987136/s4.html. [Accessed 04 February 2013]., describes it general principles as:-

" 4 General principles

It is the duty of everyone exercising functions under this Act with respect to persons who have disabilities to observe the following principles:

(a) the welfare and interests of such persons should be given paramount consideration,

(b) the freedom of decision and freedom of action of such persons should be restricted as little as possible,

(c) such persons should be encouraged, as far as possible, to live a normal life in the community,

(d) the views of such persons in relation to the exercise of those functions should be taken into consideration,

(e) the importance of preserving the family relationships and the cultural and linguistic environments of such persons should be recognised,

(f) such persons should be encouraged, as far as possible, to be self-reliant in matters relating to their personal, domestic and financial affairs,

(g) such persons should be protected from neglect, abuse and exploitation,

(h) the community should be encouraged to apply and promote these principles.

It is from these that I generated the answer I have given.

Example 2.

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 57

This is responsible for the disclosure and management of personal information given by clients.

It states the following processes:-

57 Disclosure of personal information contained in public registers

(1) The public sector agency responsible for keeping a public register must not disclose any personal information kept in the register unless the agency is satisfied that it is to be used for a purpose relating to the purpose of the register or the Act under which the register is kept.

(2) In order to enable the responsible agency to comply with subsection (1), the agency may require any person who applies to inspect personal information contained in the public register to give particulars, in the form of a statutory declaration, as to the intended use of any information obtained from the inspection.

These components of section 57, can be found in the documentation accessible from  PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 57 Disclosure of personal information contained in public registers . 2013. PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 57 Disclosure of personal information contained in public registers . [ONLINE] Available at:http://www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464/s57.html. [Accessed 04 February 2013].

The purpose of this legislation is to ensure that information given by the client in confidence, stays that way.

It is also to give clear guidelines that are to be followed when the information is needed to be shared or transferred with other departments or organisations.

It ensures that the client is made aware of what information is to be transferred, to whom/where and what it is to be used for.

It states the clear procedures to follow to minimize errors

It gives the control of possibly sensitive information to the client who makes the decision of whether or not all or part of the information is approved for transfer/collection.

It also limits liability and data leakage by the information being available to unauthorised recipients.

This protects both the client and the service provider.

Example 3

Disability Services Act 1993 No 3

The Disability Services Act 1993 is in place to ensure the people who are least able to have their voice heard and ensure that they are treated with the same respect as any disability free person.

Also to ensure that they are treated with the same rights as any disability free member of society.

It is also to prevent exploitation and maltreatment of these members of society.

This is explicitly stated as shown below in the principles of Disability Services Act 1993 No 3

This has been taken verbatim from NSW Legislation. 2013. NSW Legislation. [ONLINE] Available at:http://www.legislation.nsw.gov.au/maintop/view/inforce/act+3+1993+cd+0+N. [Accessed 04 February 2013].

to present the specific language used by the legislation to categorically stipulate that the disabled are to be treated with respect and rights as any member of society.

Persons with disabilities have the same basic human rights as other members of Australian society. They also have the rights needed to ensure that their specific needs are met. Their rights, which apply irrespective of the nature, origin, type or degree of disability, include the following:

(a)  Persons with disabilities are individuals who have the inherent right to respect for their human worth and dignity,

(b)  Persons with disabilities have the right to live in and be part of the community,

(c)  Persons with disabilities have the right to realise their individual capacities for physical, social, emotional and intellectual development,

(d)  Persons with disabilities have the same rights as other members of Australian society to services which will support their attaining a reasonable quality of life,

(e)  persons with disabilities have the right to choose their own lifestyle and to have access to information, provided in a manner appropriate to their disability and cultural background, necessary to allow informed choice,

(f)  Persons with disabilities have the same right as other members of Australian society to participate in the decisions which affect their lives,

(g)  persons with disabilities receiving services have the same right as other members of Australian society to receive those services in a manner which results in the least restriction of their rights and opportunities,

(h)  Persons with disabilities have the right to pursue any grievance in relation to services without fear of the services being discontinued or recrimination from service providers,

(I)  Persons with disabilities have the right to protection from neglect, abuse and exploitation

Task A Question 10 When gathering personal information from a client, what do you need to tell them?

From my understanding form the learning material and my own experiences, the things you need to tell them are:-

What the information is to be used for

Who is going to be using/accessing the information

Which department of your organisation is using the information

Why it is needed.

How long it will be stored

Who will have access to the information

Who to contact into regards to her information that has been collected and how to contact

Legislative reasons why the information must be given and how it will be handled

This is described in clear and plain detail below which has been taken verbatim from Privacy in the Private Health Sector (November 2001). 2013. Privacy in the Private Health Sector (November 2001). [ONLINE] Available at:http://www.privacy.gov.au/materials/types/guidelines/view/6517. Page 72, Schedule 3—National Privacy Principles [Accessed 13 February 2013].

The content has not been changed to convey the preciseness of the legislation regarding the collection and usage of personal information

Appendix 1 – National Privacy Principles

Extracted from the Privacy Act 1988

Schedule 3—National Privacy Principles

Note: See section 6.

1 Collection

1.1 An organisation must not collect personal information unless the information is necessary for one or more of its functions or activities.

1.2 An organisation must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.

1.3 At or before the time (or, if that is not practicable, as soon as practicable after) an organisation collects personal information about an individual from the individual, the organisation must take reasonable steps to ensure that the

Individual is aware of:

(a) The identity of the organisation and how to contact it; and

(b) The fact that he or she is able to gain access to the information; and

(c) The purposes for which the information is collected; and

(d) The organisations (or the types of organisations) to which the organisation

Usually discloses information of that kind; and

(e) Any law that requires the particular information to be collected; and

(f) The main consequences (if any) for the individual if all or part of the

Information is not provided.

1.4 If it is reasonable and practicable to do so, an organisation must collect personal information about an individual only from that individual.

1.5 If an organisation collects personal information about an individual from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3

Task B Question 1 How would you find out what your roles and responsibilities are as family worker?

The roles and responsibilities would be detailed in the Job Description and will contain:

A description of the organisation, its purpose, activities and structure.

The place of the job in relation to other positions and roles in the organisation

The key tasks required of the job

The responsibilities and accountabilities

The skills and knowledge required to under the job ( list as essential and desirable qualities for the position)

Conditions of employment

The role and responsibilities will also be affected by the legislative frame work of a organisation

State occupational health and safety laws and regulations

Laws and regulations on employment

Human rights legislation

The privacy acts of federal and state governments

Compulsory reporting

Task B Question 2 In this case sTudy what would be your roles and responsibilities as the worker?

My roles as the worker in this instance are:-

To support the following family members in regards to their current situation

Julie

Children

Bill

This is listed under Position Objectives of the Job Description of the learning materials

"To support community, families and individuals as an advocate, point of referral and /or resource."

Responsibilities

Consult with Julie in regards to identifying her needs and issues to agree on a plan of attack that would benefit herself and her children

Refer Julie and Bill to specialist services as required, for example Julie to counselling for her depression and Bill for his alcoholism which is more than likely a secondary symptom that has arisen from some other circumstance or low worth of self. Also send him to counselling.

Put in place supports and services for the children to ensure that their social, emotional and educational needs are met.

Work within legislation made by Government and outside bodies for example, confidentiality, duty of care , conduct, privacy and the like.

This would ensure that an ethical and accountable service is being provided to Julie and her family.

Provide external / outreach services for Julie and her family

Referrals to other services for Julie , Bill and family

Advise Julie her legal rights of the outcome of not informing Centrelink about her change of status and the impact that it could have on herself and the family in regards to services now and in the future

Task B Question 3 Consult the attached job description. From the job description state three (3) key responsibilities and discuss how you could apply each of the responsibilities to this family

I have listed the following three responsibilities from the job description .

Provide referral of clients to appropriate / specialist services as required

Provide direct services to families and individuals that encompass, in consultation with the client(s), identification of issues/needs and implementation of a mutually agreed plan of referral and / or resources acquisition.

Work within relevant legislation, regulations, codes of practice/conduct and organisational policy and procedures.

Julie

Discuss with Julie and document her current concerns, issues and goals and work together a suitable plan that she sees as achievable

Discuss with Julie the consequences of staying with Bill in their current state such as what she will gain/lose both in regards to housing and children and herself

Direct Julie to appropriate personnel from Centrelink to help her decide the best choices for herself and children, and what procedures she needs to follow to obtain it. She decides with help of Case worker and other services what the goals would be:

Housing

Schooling Assistance to ensure the children receive adequate education and supports

Referral to Personal Counselling services to address her needs in regards to her family situation and relationships

Referral to Home Care Services for the following to allow Julie valuable time to address her personal issues such as self-esteem, alcohol dependency, psychological damage from situation:-

Domestic Assistance

Personal Care

Respite Care

Bill

Provide access to and implement services to manage and modify his current negative behaviour of drinking, domestic violence and antagonism to community services, which is the result of an anxiety of losing control or other hidden fear of which the cause is unknown.

Some services that would help are

support groups that promote development of parenting practices

Groups that deal with drinking and/or domestic violence such as Alcoholics Anonymous (AA)

Groups that give him a social network to ‘vent’ his fears or issues as well as being counselling based.

Referral to psychologist to ascertain and resolve root cause of the two issues that directly affect his family which are the violence and drinking.

Employment consultant assist Bill to locate, apply, gain and maintain suitable employment.

All the referrals and their attached programs are only to be implemented and undertaken with the consent of Bill.

If Bill discloses any details that warrant mandatory reporting, the procedures and legislation must be adhered to which includes relaying this information to the appropriate body, e.g. Police, DHS, Child Protection Services et cetera.

Document everything that has been said, what actions have been taken and the like, in the client’s case notes/file.

Advocate for Bill with the relevant services such as Centrelink for employment, Health professionals for his physical and psychological well being as Bill would not have the confidence nor knowledge to obtain these services on his own.

Also to follow the guidelines for Case Worker Safety as listed in relative policy documents , for example ‘DoCS Guidelines for Working with Perpetrators of Domestic and Family :Violence in Brighter Violence in Brighter Futures

The following quotation is from page2 subtitled "Caseworker Safety" which can be accessed from 2013. . [ONLINE] Available at:http://www.aic.gov.au/documents/F/5/5/%7BF55AACC1-68CB-4DF6-8A34-CFCE6407D183%7DRPP30.pdf. [Accessed 16 March 2013].

"The Guidelines are to be used in conjunction with the DoCS Policy and Procedure: Preventing and Managing Client Initiated Violence and other relevant Occupational Health and Safety policies.

Caseworkers are to adhere at all times to DoCS worker safety procedures in regard to potential client initiated violence.

There is a misconception about Brighter Futures casework being safer than child protection casework, where domestic violence is present. The risk to caseworkers in Brighter Futures is not necessarily different from that found in child protection. Violence can erupt or escalate quickly and unpredictably.

It is the role of managers and caseworkers to ensure that:

all DoCS safety protocols are followed and additional precautions are taken as needed, and

a thorough discussion of safety, incorporating known history for the family is undertaken as part of the Pre Assessment Consultation (PAC)."

Children

Schooling

Tutors where needed to help reach required academic standards

Counselling for psychological/emotional

Enable the children to talk about their emotional state in regards to the family situation without fear of reprisal or negative consequence

Provide them with an input to obtain strategies and skills to build and maintain self resilience and remove any self blame

Prevent the children from becoming at risk category

Services such as

behavioural interventions

Tutoring

External activites such as:-

Respite, to provide a break from family situation

Sporting activities where social interaction and sense of self worth are fostered such as football et cetera

Activities such camps where they are challenged positively to improve self-esteem and behave as ‘normal’ children

Task B: - Question 4.As the worker identify and discuss two ethical dilemmas in this case

Confidentiality

Should worker clarify the risks of not advising Centrelink?

Yes, it will help Julie make the choice based on how she processes the information rather than the passive response of having the case worker make the decision on her behalf based on ‘what’s best for her’ according to the case worker

Should she contact Centrelink and break confidentiality and would court action or paying money back make situation worse?

Legal

Mandatory reporting of grounds that children are at risk of significant harm or neglect

Reporting of defrauding commonwealth

To do this , confidentiality has to be broken

Failure to do this places family and children at risk

Failure to report places case manager in breach of code of conduct ; duty of care and breach of legal mandatory reporting legislation

Reporting also places children at risk ,

due to increase financial stress as payments have to be paid back,

due to increase pressure on family due to stigmatism of fraudulent behaviour

increases risk of neglect and substance abuse

Task B Question 5 wHAT PRINCIPLES WOULD YOU NEED TO BE AWARE OF WHEN DEALING WITH THE ETHICAL DILEMMAS YOU IDENTIFIED AND WHY?

CONFIDENTIALITY AND LEGAL ETHICAL ISSUE

Releasing details to Department of Human Services (DHS) /Centrelink.in line with legislation of mandatory reporting of change of situation as it impacts on her residence approval et cetera

The principle in this case is respect, dignity, autonomy including the freedom to make one’s own choices and independence of persons.

She can listen, take on board and process the information you give her that you have to pass on the information to Centrelink even though it may breach confidentiality.

Another principle is Non Discrimination.

This is not meant in the traditional sense but as in the fact of her current situation and possible circumstances or wishes, the worker still has to report her.

This is to be done no matter how you may feel emotionally to her plight.

The third principle is Full and effective participation and inclusion in society.

The reporting has to be done as whether Julies condition is reported or not, both alternatives have an impact on her participation and inclusion to the general community. Whilst both seem negative in their impact only one will have the desired positive outcome as organised by both the worker and Julie.

The other alternative has dire negative implications for not only Julie but her children as well

TAsk B Question 6 identify the factors that contribute to risk of harm of the children

Taken from. 2013. . [ONLINE] Available at:http://www.community.nsw.gov.au/docswr/_assets/main/documents/researchnotes_resilience.pdf. [Accessed 06 March 2013]. I believe these to be the factors that pose a real threat of harm to the children, I have included my explanations on why this is so to further clarify

Family Factors

Poor parental supervision and discipline

Parental substance abuse

Family conflict and domestic violence

Social isolation / lack of support networks

Family Factors is the risk category that most impacts on the children.

The poor parental supervision and discipline , not because Julie is a bad parent but more the fact that she is not coping, has low self esteem and confidence on her own abilities impacts on the children and feels overwhelmed so much that she cannot supervise and discipline her children

Parental Substance abuse

Speaks for itself as the substance abuse is her means of coping which affects her children as her conscience is affected and also her abilities to care and maintain a safe and positive environment for her children. With the abuse she is unable to adequately provide safety for them

Family Conflict

The conflict between herself and the various manifestations of abuse received from her husband poses a real threat to the children’s physical, emotional and psychological well being.

She suffers the physical symptoms along with others but the children suffer this on a visual / passive level which ultimately puts the m at risk

Taken from the NSW Government document titled "Risk protection and resilience in children and families "as used by DoCS

Task B Question 7 Identify and discuss your duty of care in relation to each family member?

Julie

The worker needs to explain to Julie, that she became eligible for priority public housing due to

the risk factor of domestic violence in the family

Her leaving Bill and having single parent status.

The worker must also advise Julie that if Bill moves in permanently, that the law has been changed as of July 2012 in regards to welfare

The law requires you to report changes in living circumstance.

The worker should

Advise Julie on the services available from local agencies and help her with contacting them.

Assist Julie with to attend AA to gain strategies to find ways of combating issues in her life

Advise Julie of close by shelters and safe house in case of need

Refer Julie to Crisis counselling and intervention

Create medical and mental health referrals

Help Julie to find local support groups to help boost her confidence and independence

Provide numbers for Legal advocacy

Provide details for Vocational counselling, job training and economic support referrals

Help Julie to create a plan for what she will do in case of emergency

This will help Julie bid her self-determination and self-esteem and enable to make her own informed choices

Children

Where there are concerns about safety, and children are present by law under (Children and Young Persons (Care and Protection) Act 1998 (NSW) Mandatory reporting applies.

Future support for kids recreational activities for children given them a sense of belonging and also an outlet for any stress

Counselling where they can talk about their situation free of feelings of judgement

Bill

It is offered to bill to go into NSW Domestic Abuse program

Anger Management program to provide him with strategies to better manage and redirect his anger

Counselling for anxiety , self-esteem issues that affects his choices for positive relationships with his wife hence the behaviours of controlling his wife through fear

Task B – Question 8 If you were unsure about how to proceed in working with this family, what would you do next?

I would always remember the client should be involved in the decision process and document the action which is decided on in case notes or report. But remember if in doubt, check with a supervisor or other colleagues to discuss all aspects of proceeding

Task B Question 9 Identify julie’s rights in this situation?

The rights that Julie has in this situation are:-

The right to complain

The right to request another case manager

The right to request an investigation into any :-

Breach of confidentiality

Biased or unfair treatment of family members

Unprofessionalism or conclusions reached based on personal judgements, biases, pre-existing beliefs and values, not based on anything. factual

Treated Fairly

Adequate and swift responsiveness to her grievances and complaints

Avenue to contact and obtain status of her complaint

Ability to ask for referral to another organisation and all documentation to be transferred to them regardless of the result of complaint investigation

Task B question 10 to be done here

Task B – Question 11 Discuss how you would deal with julie’s complaint?

Acknowledge that she has a complaint regardless whether I feel it is valid, correct, or untrue as she has the right and validity to complain.

Treat her with respect throughout the whole process

Listen to her grievance and involve her in alternative methods of how to resolve the issue

Advise her verbally and written what she needs to action to ensure that her complaint is heard, noted and acted upon.

Advise her of her rights in regards to following the processing of her complaint

Actively help in regards to what is needed to lodge the complaint in the correct manner as required by procedures

Advise that she is able to request an advocate or external party to help her in regards to her complaint

If the complaint is founded, would discuss with team leader and others about steps to prevent the reoccurrence of such an event

The ‘making a complaint component of the Victorian DHS website for individuals

Making a Complaint - Department of Human Services, Victoria, Australia. 2013. Making a Complaint - Department of Human Services, Victoria, Australia. [ONLINE] Available at: http://www.dhs.vic.gov.au/for-individuals/your-rights/feedback-and-complaints/making-a-complaint. [Accessed 10 March 2013]. Under the subheading "How to Make a complaint to the Department of Human Services" lists the steps for a client to take as:-

"How to make a complaint to the Department of Human Services

Below are the steps that can be taken to get your complaint resolved:

Step 1.

Discuss complaint with the staff member involved.

Step 2.

Contact the Quality Assurance/Community Liaison Officer or your case worker.

Step 3.

If your complaint cannot be resolved at steps 1 or 2, you can contact Corporate Integrity, Information and Resolutions Unit (CIIRu) who will contact the program area involved. CIIRu will advise the program area that the complaint is being investigated.

You can submit your complaint/ enquiry by either writing, email or phone."

Task C QUESTION 1: From the learning material, identify a model for working through issues and dealing with ethical dilemmas

I

Consider the possible consequences of all options and determine a course of action

Option 1: leave things as they are

Consequences:-

Bill drinks thus harming Julie

Julie drinks thus neglecting children

Children taken away thus increasing Julies low self-esteem and pressure

Bill’s drinking habit increases as does the abuse of Julie

Julie loses right of housing under ‘single parent status’

Drinking, Depression, violence escalates until one is deceased and the other incarcerated in jail

Children suffer depression and behavioural issues as well as distrust of social workers and organisations as they see them as the enemy and that it was the ‘departments’ fault that they lost both parents.

Outcome for all is negative and no advantageous results reached

Option 2: Interventions recommended and taken by Case manager

"Taken from 3. Determine the nature and dimensions of the dilemma and seek consultation"

Bill enrols and attends the DAP program, thus gaining understanding of his actions and their consequences. Bill learns to be more responsive than reactionative

Intervention against bill is in place whilst he is in DAP /AA to eliminate triggers and not place children and Julie at harm

Children stay with Julie, thus maintaining family setting and stability

Julie attends AA thus gaining strategies to find beneficial ways of combating her depression etc.

This causes Julie to gain confidence thus becoming a more positive, happier and involved mother to her children

This improves the bond between her and her children further feeding positive reinforcers

Social supports help Julie when she is overwhelmed thus preventing her from reverting back to negative methods of coping such as drinking.

Recreational activities for children give them a sense of belonging and also an outlet for any stresses.

Also increases their self-worth and social interactions.

End result is a positive improvement for the family thus increasing the chances of the children having both the mother and father involved in their lives without any negative influences

From ethical point of view the method that the case worker has to take is option 2, whilst it is a harder option with the obstacles of negatives responses and rejections of interventions being offered the end result for the whole family far outweighs the implementation

Ethical standards

Children’s rights – United Nations "rights of the child"

Article 3 "All organisations concerned with children should work towards what is best for each child"

Steps to be taken

Identify the dilemma

What kind of problem is it?

First became involved with Julie’s family when she moved to the estate, having left bill the father of her children due to experiencing domestic violence. Julie is not coping and it is impacting on the children and in needs help. On a last visit, Julie informed you that Bill was moving in with her and the kids. Despite Bill’s heavy drinking, Julie is very lonely and not coping with the kids well on her own. She plans to keep this a secret from Centrelink and the Department of Housing, as she may no longer be eligible for her financial benefits or subsidised housing.

Acknowledge Julie’s feelings of isolations, you are very concerned for the children’s safety if Bill returns to the family home.

Dilemma:

To tell Centrelink and the Department of Housing that the father has moved back in

She may no longer be eligible for financial benefits

A referral should be made to

Mandatory reporting the grounds for suspecting that a child is at risk of significant harm. Have current concerns about safety, welfare or wellbeing. Due to first-hand observation about the children and family.

Indicators of abuse or neglect

Parents or caregivers misuse of alcohol or drugs is affecting their ability to care for the child

Ongoing or sporadic violence between the parents

A deficiency in functional patenting skills required to provide for the safety welfare and wellbeing of the child or young person

Apply code of ethics/conduct

Clients rights to safety and support, not to be abused, Julies is the client, the family’s issues are separate but the cross over impacting on Julie and Julie’s issues are impacting on the family.

Principles –code of ethics

The welfare and community worker as a practitioner within complex social structures has obligation to safeguard the human value of all person

Determine the nature and dimensions of the dilemma and seek consultation.

It is explained to Julie that she became eligible for priority public housing due to the risk factor of domestic violence in the family and her leaving Bill and having single parent status.

It is also explained to Julie that by Bill moving in, due to past experiences of domestic violence under mandatory reporting child protections services would have to be notified

How will Julie cope if the children were removed from her care if Bill remained in the house?

Alcohol consumption could increase due to possible increase of domestic violence.

Children neglected as consumption increases

Children at risk of harm due to antagoniser in the house

What would Julie do if Centrelink cut her parenting payment because of

Bill living in the house

Best case scenario for Julie.

Bill goes into a The NSW Domestic Abuse Program (DAP)

intervention order for where there was a risk

Julie and children to stay

Social support networks in place

Employment and educational opportunities and stability of caring for the children

Which would support her in reducing her isolation

What about the worker-is their practice ethical and in the best interest of the client

Do no harm minimize to the greatest extent possible. the duty to cause no harm I. 

Respect the right that Individuals have the right to decide how to live their lives so long as their actions do not interfere with the rights and welfare of others. toward greater self-reliance and self-determination.

Treat as we would want to be treated under similar circumstances.

Accord dignity. view people with whom we work as worthy of respect. We must strive to understand cultural diversity and other ways that people differ from ourselves. 

Pursue excellence. Maintaining competence, doing our best, and taking pride in our work form the bases of quality mental health services.

Be accountable., accept responsibility for actions and inactions,

Be courageous. We do not see courage mentioned often enough in the professional ethics literature. However, the truth is that it often takes a strong backbone to actively uphold ethical principles, especially when one observes unethical actions perpetrated by others.

How can Julie be assisted to self-determine her future?

Her independence and self-esteem should be encouraged and respected. Even if she decides to stay with Bill.

Advise Julie that under (Children and Young Persons (Care and Protection) Act 1998 (NSW) mandatory reporting applies

Should advise her on the services available from local agencies and offer help with contacting them.

Shelter and safe houses;

National, state, and local emergency hotlines;

Crisis counselling and intervention;

Support groups

Medical and mental health referrals;

Legal advocacy;

Vocational counselling, job training and economic support referrals;

Housing and relocation services;

Safety planning; advise her to keep some money and important financial and legal documents hidden in safe place, in case of emergency.

Help her to plan what she will do in case of emergency.

Chapter 2—Survivors of Domestic Violence: An Overview - Substance Abuse Treatment and Domestic Violence - NCBI Bookshelf. 2013. Chapter 2—Survivors of Domestic Violence: An Overview - Substance Abuse Treatment and Domestic Violence - NCBI Bookshelf. [ONLINE] Available at:http://www.ncbi.nlm.nih.gov/books/NBK64430/. [Accessed 17 February 2013].

How should the decision take place?

First improving decision-making skills

The paralysing effect of being battered for making independent decisions must be overcome as the survivor begins to exercise choices without fear of reprisal. Thus one of the first steps in the process of empowering the survivor client is to help her develop, strengthen, focus, or validate her decision-making skills.

For a proportion of domestic violence survivors, decision-making is a new skill that must be acquired for the first time rather than a lost skill that must be relearned. Exploring her own wants, needs, and feelings, although an unfamiliar and sometimes uncomfortable process, can be a stepping stone to making larger and longer term decisions. It is important for the treatment provider to avoid underestimating the importance to the survivor of making even seemingly mundane decisions, such as what to wear or when to eat.

Who needs to be involved?

Julie, substance support worker and case manager and supervisor

What does organisational policy and procedure say about how this should be resolved?

Job description

A code of conduct is a set of rules outlining the responsibilities of or proper practices for an individual, party or organization. Include ethical codes 

Personnel practices, supervision?

Occupational health and safety procedures

Communication policy

Notification of child abuse procedures

Critical incidents procedures

Referrals to appropriate support and counselling services available to those affected

Duty of care

A confidentiality policy

Child protection policy

Coordination/networking with external agencies

Brainstorm some solutions(bounce ideas of colleague)

Have to advise Julie if Bill moves in permanently by law you have to report the changes in living circumstances because of the history of domestic violence under mandatory reporting to child services

Have to advise Julie she received priority housing because of leaving Bill due to domestic violence

Explain to Julie if Bill move in by law you have to Report it to Centrelink as it is a change in living circumstances

individual clients, rather than formal

case conference with the client, to explore different options available

referral to counselling

Help with seeking out single mothers groups

Consider the possible consequences of all options an determine a course of actions

Considering the information you have gathered and the priorities you have set

Legally must notify Centrelink of change in living circumstances

Legally under mandatory report have to advise children services of Bill moving in because of history of domestic violence

Evaluate each option and assess the potential consequences for all the parties involved

6. Evaluate the selected course of action.

(Consider the balance between rights and responsibilities of workers and clients)

(Worker many consider that a clients may be putting them at risk of injury

Is it truly an ethical dilemma, or is it a legal problem?

Task C Question 2: from the learning MATERIAL, identify the significant ethical guidelines in the community services industry

From the learning materials provided from tafe NSW, I identify that the most significant ethical guidelines for Community Services to be the following:-

Human Rights

The right to be treated equally, regardless of race, colour, religion, creed or political beliefs.

As described by what are Human Rights. 2013. What are Human Rights . [ONLINE] Available at: http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx. [Accessed 02 March 2013].

Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. And "All human beings are born free and equal in dignity and rights."

Duty Of Care

In the case of the Community Services Industry it is to ensure that the clients in the care of the Community Services Officer such as the Case manager are treated with respect, free from maltreatment, abuse or neglect as these are often the people who are most often voiceless and unable to defend themselves.

Self Determination

Simply put, for the client to make their own choices based on the knowledge or information and understanding of risks.

This does not mean that they are free to make decisions that may harm other people.

This means that the Community Services Officer should not be making decisions for them with complete disregard for the thoughts, feelings or expressions of the client.

E.G if a client is unable to speak due to a disability and does not wish to do swimming due to any number of reasons such as anxiety , fear or a past experience, the CSO should not make the decision of partaking in swimming because "he thinks it is a good idea and the client should do it for his health sake"

Confidentiality

To protect and not disclose without consent any information given by a client or co-worker, be it in written or spoken form, or observation.

Only the client has the right to authorise what information is to be shared and with whom and for what purpose

The states privacy as below which is only a part of the "Principle 2-Use and Disclosure" from the Health Records Act 2001 - SCHEDULE 1

Section 19 THE HEALTH PRIVACY PRINCIPLES

This can be read in full as this excerpt is taken from Health Records Act 2001 - SCHEDULE 1. 2013. Health Records Act 2001 - SCHEDULE 1. [ONLINE] Available at: http://www.austlii.edu.au/au/legis/vic/consol_act/hra2001144/sch1.html. [Accessed 02 March 2013].

"2.2. An organisation must not use or disclose health information about an individual for a purpose (the secondary purpose) other than the primary purpose for which the information was collected unless at least one of the following paragraphs applies10-

(a) both of the following apply-

(i) the secondary purpose is directly related to the primary purpose; and

(ii) the individual would reasonably expect the organisation to use or

disclose the information for the secondary purpose…."

Task C Question 3: From the learning material, identify ways that we can ensure client rights are upheld

Clients under the services of a Community Services Industry Case manager are still entitled to the rights as all humans.

They are more vulnerable due to the issues and obstacles that they may face.

These obstacles come in many forms such as

Fragility and age

Disabilities

such as limited or no movement

Cognitive impairment

Communicative such as little or no speech

Seeking Asylum

Limited understanding of English

Knowledge of rights they have as listed in the Human Rights

Some of the methods we can we can action to ensure that the clients managed by us are maintained

Manage the risk of choices made by our client but ensure that we do not act in a "risk averse" manner.

A "risk averse" manner is by assessing risks from the client’s choices and ‘banning’ risky choices

This impacts on the clients rights to have choice, and control of their lives.

Services become routine and not responsive to the client.

There is no humanity in what you are trying to do with the client, they become a number

They lose their power over their own life

We acknowledge their choice but at the same time assess the possible risks and formulate a plan on how to minimise the risks whilst still ensuring that the clients chosen choice is not affected.

Provide them with enough information so that they can make an informed and educated choice in what they wish to do in regards to a situation that affects them.

For example a client who has arrived in the country seeking asylum needs to be fully aware of what is available to them in the areas of

Legal rights

Housing

Health Care both physical and mental

Services both local, state and federal

Interpreters so that their voice is heard

These are all things that are at easy reach for most Australians be it by phone call, WEB or connecting with an agency

Australians know these as they know where and how to begin to receive the information as a person seeking asylum would not have this knowledge so is at a grave disadvantage and is an easy target for their rights to be breached

Task C : Question 4 From the learning material, identify the basic organisational procedures that you will need to follow when managing a complaint

Acknowledge the complaint

Do not dismiss the client’s issues

Treat the client lodging the complaint with dignity and respect at all times

Remain objective during the whole process

Document the complaint as much as possible, even I am cause of client’s complaint

e.g.

Date, time, complaint made

Method, egg voice mail, phone, email, face to face

All facts regarding the issue of the complaint, the who, what, why, where,

What was cause/reason of complaint being made.

What possible resolutions the client would want in place.

Follow the organisations complaints handling procedures as required by policies

Inform my senior staff, such as team leader of the complaint and its structure

If I am source of complaint, inform team leader , and remove myself from the process as it will be allocated to another member of staff

Inform in writing to the client the name and contactable details for the person processing the complaint

Inform in writing the possible deadline that the complaint would be resolved by

Inform in writing possible avenues of resolution that could resolve the complaint thus enabling the service provided to continue

Discuss with team leader possible solutions if client does not agree to offered solutions put by me

Give the client all methods to enable them to contact senior staff should they wish to, if they feel it will help resolve the complaint

Again document or communication between myself and the client lodging the complaint

Keep all information confidential as required by legislation and policies

If complaint has been resolved, inform the client verbally and in writing.

Review with team leader and other required senior staff what changes can be made to minimise the reoccurrence of such complaint and can the processes involved in resolving the issue be improved

Task C question 5: At what point would you consider using an advocste or advocacy service?

The PDF Document titled "Guidelines For Advocacy" as used by Centacare Services of the Catholic Diocese of Rockhampton states Advocacy as, and I quote

"What is Advocacy?

Advocacy is the process of standing alongside an individual who is disadvantaged, and speaking out on their behalf in a way that represents the best interests of that person.

The aim of advocacy is to bring about beneficial outcomes in a way that enables each client to retain as much control as possible over how it is carried out.

An advocate may provide information and advice in order to assist a person to take action to resolve their own concerns, or may take a more active role in representing the persons rights to another person or organisation"

It is accessible readily from the following link  2013. . [ONLINE] Available at:http://www.centacare.net/downloads/forms/100622_Guidelines_for_Advocacy_V1%204.pdf. [Accessed 10 March 2013].

I would an advocate or advocacy service when exhausted all avenues and suggested plans to provide a positive outcome for Julie and her family.

I would also bring in an advocate as a mediator if Julie was after a second opinion or outside input.

I would also consider using an advocate for Julie for situations when she needed the following:-

Support at meetings where she felt overwhelmed or incapable of making her point with clarity, due to her lack of confidence or knowledge or anxiety.

To attend in meetings and discussions where she cannot be in multiple places at once due to her being at home for the children or other appointments in regards to her physical or psychological/emotional wellbeing

Possible court of law where she felt intimidated by her husband’s presence for example in a court case where he was being charged for abusive/violent behaviour.

Help her in obtaining required information for giving her the power to make an informed decision in regards to her situation as she would not be fully aware of what is possible and available for her

Julie lodging a complaint where my input may be seen as conflict of interest

Task C Question 6 Define these terms:-

Abuse

Neglect

Risk

These are actualLegislative definitions obtained from Australian legal definitions: When is a child in need of protection? - Resource Sheet - Child Family Community Australia. 2013. Australian legal definitions: When is a child in need of protection? - Resource Sheet - Child Family Community Australia. [ONLINE] Available at:http://www.aifs.gov.au/nch/pubs/sheets/rs12/rs12.html. [Accessed 09 March 2013] as they state in clear precise terminology what abuse is .

Unfortunately this more than likely due to the fact that interpretations of what constitutes abuse is muddied by cultural, emotional and other factors.

The word abuse is a serious issue that affects all of society. It can be physical, emotional verbal or sexual

Abuse

"Physically abusive behaviour refers to any non-accidental physically aggressive act towards a child. Physical abuse may be intentional or may be the inadvertent result of physical punishment. Physically abusive behaviours include shoving, hitting, slapping, shaking, throwing, punching, biting, burning and kicking.

Sexually abusive behaviour refers to any sexual activity between a child and an adult or older person (five or more years older). Sexual activity includes fondling genitals, masturbation, and oral sex, vaginal or anal penetration by a penis, finger or any other object, fondling of breasts, voyeurism, and exhibitionism and exposing or involving the child in pornography

Psychologically abusive or neglectful behaviour refers to inappropriate verbal or symbolic acts and a failure to provide adequate non-physical nurture or emotional availability. Psychologically abusive or neglectful behaviours include rejecting, ignoring, isolating, terrorising, corrupting, verbal abuse and belittlement "

Neglect

As I understand it , neglect in regards to a child is the failure by a parent or caregiver to provide a child with the basic necessities that are essential for their wellbeing and safety.

Whilst it sounds black and white in a small sentence, there are various components of this term neglect.

They are:

physical neglect: , failure to provide shelter, clothing and food and ensure their health

emotional neglect: support and encouragement to provide positive self-esteem to enable the child to have the confidence to take risks , knowing that they are safe even if they fail, thus ensuring resilience and self-determination, as well as a sense of self-worth and loved or wanted;

educational neglect: failure to provide adequate educational andscholastic avenues for the child to improve their knowledge of mandatory skillsets to foster self sufficiency when they are older

Environmental neglect: failure to ensure that the child is aware of dangers within their environment and are equipped with the skills to assess and recognise dangers

Risk

Definition has been taken from Computer Desktop Encyclopedia Terms. 2013. Computer Desktop Encyclopedia Terms. [ONLINE] Available at:http://lookup.computerlanguage.com/host_app/search?cid=C999999&term=Risk&lookup.x=-410&lookup.y=-693. [Accessed 09 March 2013], as it explains in a precise manner the definition of Risk

Risk

At risk

a. Social welfare vulnerable to personal damage, to the extent that a welfare agency might take protective respon