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Page 4 of 6
Finding a Solution
So, what are the “right” answers and what is the “solution” to the dilemma? By its very nature, an ethical dilemma is a situation for which no one solution is “right” or “correct.” If there is no “right” answer, how then can a social worker be expected to resolve the dilemma?
Resolving the dilemma not only requires addressing questions such as those posited, but also calls for the social worker to have a firm grip on the standards of practice that constitute sound practice behavior, have a working familiarity and understanding of the principles in the NASW Code of Ethics, make use of peer/supervisory consultation, understand applicable agency policies and legal mandates, and be open to examining the ways in which one’s own values/preferences influence the ultimate choice of action. Use of a framework for analyzing ethical dilemmas is highly recommended. (Decision-making models have been presented in greater detail elsewhere and space restrictions prevent a detailed review of these here. See, for example, Mattison, M. 2000. Ethical decision making: The person in the process. Social Work, 45 (3), 201-212.)
One begins to address the ethical dilemma by identifying those professional values or obligations that conflict and explicating the conflicts of interest. One of the tensions in this case involves the protection of Tatiana’s confidence (see NASW Code of Ethics, Standard 1.07 b) vs. the disclosure of confidential information contrary to Tatiana’s wishes (see NASW Code of Ethics, Standard 1.07 c). Can the social worker justify setting limits on Carla’s right to self-determine based on the belief that the well-being of her children is being harmed by her marijuana use? Is there an obligation to limit Carla’s right to self-determine in order to protect third parties from harm (see NASW Code of Ethics, Standard 1.02)? Is the marijuana use a risk to the children’s safety, health, social, and/or emotional development?
Knowing one’s ethical obligations in advance of ethical conflicts may prevent ethical misconduct. For example, as interns, did the students alert their clients to the fact that they are interns-in-training and that they would be discussing case material with supervisors and peers (see NASW Code of Ethics, Standards 1.04a, 1.07p & 3.02c)? Had the instructor of the seminar cautioned students about the potential issues surrounding breaches of client confidentiality and ideas to best manage violations should they occur (see NASW Code of Ethics, Standard 3.02a)? Were the “limits of confidentiality” (see NASW Code of Ethics, Standard 1.07e) fully explained to students participating in the counseling group at the junior high school? Did “Mary” fully understand that her disclosures in the group might result in the filing of a report with the local child protective services? Would she have disclosed so openly if she had anticipated the consequences of her disclosure?
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