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Page 2 of 2 Option
1
The
first, and weakest, option involves determining that dual relationships can have
positive outcomes for clients, and, as a result, that parents should be hired,
without hesitation or guidelines, to work in Head Start programs. The
application of this option in practice is illustrated by Case One. While
appearing to ignore the NASW Code of Ethics (1999)
recommendation against dual relationships, this solution, instead, focuses on
the clause indicating that dual relationships are acceptable if not exploitive.
To ensure that the relationships do not cross the line into exploitation, it
would be important to follow the recommendations of Corey,
Corey, and Callanan (1998), including informed consent, open discussion,
consultation, supervision, documentation, and examination of personal
motivation.
This
option would maximize a minimal number of values and principles while minimizing
many. Hiring parents would honor autonomy, self-determination, and the worth and
dignity of the person, while also possibly enhancing the economic well-being of
the parent. However, the values of privacy, well-being of children, well-being
of parents, human relationships, integrity, service, and equality would be
potentially lessened. This option also diminishes both beneficence (providing
benefits) and nonmaleficence (avoiding causing harm) as defined by Beauchamp and Childress (1994) since the hiring of parents
may not be in the best interest of each individual parent interested in
employment.
This
alternative is ethically grounded in consequentialist theory, which determine
that “actions are right or wrong according to the balance of their good and bad
consequences” (Beauchamp & Childress, 1994, p 47).
First, classic teleological theory or proportionalism could be applied using the
principle of the lesser of two evils. As there are possible negative outcomes to
both hiring parents and to not hiring parents, this ethical principle justifies
the decision to hire parents on the basis of it being the lesser of the two
evils. From this principle, the potential good that can come from hiring parents
outweighs the potential bad effect because of the belief, supported by the
literature review, that dual relationships can be positive. As such, any
possible negative outcomes for the enrolled children or parents are outweighed
by the potential good, making it the better of the two options. This theoretical
perspective recognizes that the choice to hire or to not hire a parent is not
going to consistently result in positive outcomes, but determines that it is
better to decide on the option that produces the least harm. Utilitarianism can
also be used, which defines that an action is right if it produces the greatest
good for the greatest number (Beauchamp & Childress,
1984; Reamer, 1990). Hiring parents could be thought
to benefit the majority because the employed parent would provide a role model
to other parents and may, therefore, positively impact other parents, which
would be a significant good for the greatest number.
This
option is the weakest alternative as it decreases more values and principles
than it enhances. Furthermore, the support provided for this option by the
application of consequentialist theory is not of sufficient strength: the risk
of harm remains great, outweighing the possible benefits. Therefore, while it is
a plausible option, it is not recommended.
Option
2
The
second alternative is the determination that dual relationships are negative,
and, therefore, programs should not hire parents of enrolled children to work
under any circumstances. Though this option would be in compliance with the NASW (1999) recommendation against participating in dual
relationships, it would be in direct contradiction to the Head Start Performance Standards Final Rule (1996). To
follow this course of action, the social worker would have to inform the agency
that it is unethical to hire parents, as per the NASW Code of
Ethics (1999), and to then not engage in this practice.
Using
this option, the social worker is maximizing more values and principles than are
being minimized. However, autonomy and the worth and dignity of the person are
lessened by preventing the parent from making a choice on her or his own behalf,
and the economic well-being of the parent may also be decreased. Despite these
deficits, this option maximizes the well-being of the children, general
well-being of the parent, well-being of the social worker, and well-being of the
staff. The social worker’s integrity is maintained while providing quality
services and acting in a trustworthy manner. Equality is not infringed upon and
the quality of the human relationships is maintained. Beneficence and
nonmaleficence are also supported as the social worker is endeavoring to act for
the benefit of others and to do no harm (Beauchamp &
Childress, 1994).
Not
hiring the parents of enrolled children is also best justified utilizing
consequentialist theory. In particular, a utilitarian theoretical argument can
be used in which “the right act … is the one that produces the best overall
result, as determined from an impersonal perspective that gives equal weight to
the interests of each affected party” (Beauchamp &
Childress, 1994, p.47). Therefore, failing to hire parents is acting in a
manner that promotes the greatest good for the greatest number. Using this
perspective, the social worker would consider everyone involved in the program,
including all of the children, parents, and staff, and would act in a manner
that benefits the majority. While hiring parents may benefit the few parents who
are hired, it clearly has the ability to negatively impact on the majority, as
in Case 1. Therefore, utilitarian theory supports the judgment that parents
should not be hired.
While
this alternative maximizes a number of pertinent values and principles and has a
stronger grounding in consequentialist theory, it is not reflective of optimal
desirability because it diminishes the values of freedom and dignity and worth
of the person. In addition, using this option could jeopardize the continuation
of federal funding because it would be a violation of the Head Start Performance Standards Final Rule (1996). Though
this option is more acceptable than the first one proposed, it is not the best
alternative available.
Case 2
The
following practice case example provides an illustration of the use of Option 3
to resolve the conflict of dual relationships in Head Start. This case
demonstrates how a social worker administering a Head Start program can meet the
federal requirement to give parents preference for positions without
jeopardizing her ethical base for practice and with minimizing the risk of
negatively affecting the professional helping relationship.
The
social worker administrator of an Early Head Start program had open positions
which had been advertised. She was contacted by a social worker from a local,
unaffiliated Head Start program as to the education and employment requirements
for the position. A parent from the Head Start program, Tabatha, was then
referred by the Head Start program social worker to the Early Head Start program
administrator for consideration. Tabatha was a current Head Start parent, but
she did not have children enrolled in the Early Head Start program that was
hiring. As per the compromise solution guidelines, Tabatha was hired after a
consultation process and approval by the Policy Council. The program
administrator met with Tabatha regularly to support her role as a Head Start
parent while also helping her to develop her professional skills. She was
encouraged to remain actively involved in the child development program that her
daughter attended. She was supported in dealing with issues of role conflict
that arose, such as what to do when her daughter was ill and had to remain home
when Tabatha was due to report to work at the Early Head Start program. Tabatha
was not in a collegial relationship with her case manager, which protected that
relationship, while also protecting Tabatha’s relationships with her co-workers,
parents enrolled in her daughter’s program, and parents enrolled in the Early
Head Start program.
Option
3
The third
alternative, illustrated in Case 2, reflects a mediating course of action,
recognizing that dual relationships can be harmful, while also acknowledging
that hiring parents in some circumstances can be beneficial. It uses the
literature to craft a viable alternative that hinges on the understanding that
each situation is different and must be treated as unique. In this option,
parents may be hired to work in Head Start programs, but guidelines and policies
would be established to ensure that the ensuing dual relationships are neither
exploitive nor harmful. Specific policies to guide practice would be established
and maintained that would support the ethical conduct of the social worker
rather than a blanket policy supporting or banning dual relationships. For
example, one guideline could be that parents would not be employed to work in
the same setting as their child. Another guideline could be that the program
would hire parents from a local, nonaffiliated Head Start and that the program
would refer parents interested in employment opportunities to this separate Head
Start. As such, parents could still receive priority for employment without
establishing dual relationships as illustrated above. As the Head Start Performance Standards Final Rule (1996)
indicates that priority is to be given to former parents as well as to currently
enrolled parents, staff recruitment efforts would first be aimed at former
parents.
This
solution maximizes all of the values and principles by virtue of the decision
making process involved. Parents retain their autonomy and worth and dignity by
being free to apply for the available positions as per their choice and the
quality of the services is maintained by the right of the program to not hire
the parent if it is not determined to be a good fit. In Case 2, Tabatha had the
choice to apply or to not apply for the position, maintaining her autonomy and
dignity, and the social worker administrator had the ability to determine that
Tabatha would be a good fit with the program, maintaining the quality of
services. Individualized decisions in hiring also serve to protect privacy, as
parents who do not seem able to navigate the confidentiality issues raised by
dual relationships would not be hired. As the parent would not be working in the
same setting as her/his child, issues of equality are addressed, the well-being
of the enrolled children is ensured, and role conflict issues are diminished. In
Case 2, Tabatha did not experience the same level of personal distress over the
care of her child that Yolanda did in Case 1, and, therefore, she was freer to
meet the needs of the children in her care. The well-being of the parents is
also supported by recognizing that employment in the program may be beneficial
for some parents but not for others. Individual decisions would permit the
social worker to utilize practice wisdom rather than blindly following a maxim
to either hire all parents or to not hire any parents. With this alternative,
human relationships would be enhanced by the value placed on the individual. In
fact, Tabatha’s experience of relationships and social support was expanded by
working for the Early Head Start program as she was able to maintain her
friendships with parents in the Head Start program while forming new friendship
and collegial relationships with her co-workers at the Early Head Start program.
The overall integrity, well-being, and trustworthiness of the social worker is
maintained because it is acceptable for the social worker to utilize free choice
in deciding to begin or to not begin a dual relationship (Tomm,
1993).
Unlike
the first two options which were best supported by consequentialist theories,
this option is best grounded in deontological theory. While consequentialist
theories focus on the consequences of an action, deontological theory determines
that actions are right based upon principle (Reamer,
1990). Act deontological theory, particularly, supports this option by
allowing for rules to be generated over time and to be based on specific
situations (Frankena, 1973). With each parent applicant,
such as Tabatha, new wisdom is gained as to how best to resolve this dilemma and
new guidelines evolve that would continue to guide the social worker in the
future. From the act deontological perspective, general rules do not take
precedence over particular judgments (Frankena, 1973).
Therefore, the social worker could utilize the developing base of knowledge to
make decisions about hiring parents without having to follow a guideline that
always prohibits hiring parents or that always compels hiring parents. From the
act deontological perspective, the situation is clearly taken into
consideration, and the principle that best applies to that situation is utilized
(Beauchamp & Childress, 1994; Frankena, 1973). However, while taking the situation into
consideration is paramount, it would also be important to build a body of
policies and guidelines for the social worker to follow in the future as the
major limitation of this option is that the potential for inequality exists. If
parents are not treated equally, the definition of standards over time could
prove to be unethical.
Clinical
pragmatism also provides support for this solution by its focus on the
individual and on the process used for decision-making (Tong,
1997). In this option, the attention is clearly on the individual and on
deciding what is best for that particular individual rather than on what is best
for parents as a group, as demonstrated by Case 2 The guidelines encourage a
reflection process in making the decision rather than a reliance on following
the Head Start Performance Standard Final Rule (1996)
or the NASW Code of Ethics (1999) without contemplation or
deliberation. This type of reflection is in sync with Mattison’s (2000) assertion that ethical decision-making
involve continuous reflection and self-awareness. Clinical pragmatism also
revolves around the use of consensus (Fins, Bacchetta, &
Miller, 1997). In this option, consensus could be incorporated into the
hiring decision process by involving the staff member who is providing case
management services or the program manager, ensuring that the social worker
receives guidance in coming to a determination, rather than making a unilateral
decision. This step of consulting with colleagues is in keeping with Congress’s (2000) process model for the resolution of
ethical dilemmas. In Case 2, the social worker administrator of the program
consulted with Tabatha’s case manager after obtaining Tabatha’s consent and with
members of the Early Head Start program management and staff. The Policy Council
was also actively involved in making the decision regarding hiring
Tabatha.
Overall,
this option presents as the strongest of the three possible alternatives to
resolving this dilemma in the practice situation. It is supported by ethical
theory, it maximizes values and principles, and it adheres to the author’s
hierarchy of values. Based on these factors, the author would choose to follow
this compromise solution and would support the hiring of parents to work in
programs in some circumstances provided that guidelines were developed and were
utilized to ensure that the risk of harm was significantly minimized.
Conclusion
As more
social workers are hired by Head Start and by other programs that hire clients
or community members as staff, the issue of dual relationships will become
increasingly pertinent. Through the use of an ethical model for decision-making,
it is possible to determine that the compromise solution is the best option for
the social worker in this situation to use in resolving this ethical dilemma.
With this resolution, the social worker maintains the ability to act in
compliance with federal regulations, and, thereby ensures that the program
funding is not placed in jeopardy. While this solution does potentially result
in the establishment of some dual relationships with parents of enrolled
children, the practice of coming to individualized decisions ensures that the
possibility of harm or exploitation is significantly diminished. Social workers
employed by programs using this solution would need to remain vigilant as to the
potential for problems when dual relationships are established and to the
potential for issues of inequality if parents are not treated equally as
guidelines develop over time. Overall, this decision, which is securely grounded
in the ethical and practice knowledge bases, represents the best alternative for
ethical practice.
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