Fall, 2003

Inside this Issue:

Situation: " A social worker is seeing a minor child in his/her practice. The parents are not married and have never been married. Dad' s name is on the birth certificate. Who has the legal rights for the child? Can either parent make medical decisions? Can both parents get copies of the child's records? There is no custody order from a court.

Children born out of wedlock are considered the natural children of the parents who acknowledge them according to the procedures set out in the Louisiana Civil Code and case law interpreting that Code. While the mother's name in almost all instances appears on the child' s official state birth record, the name of the child' s natural father does not always appear. When the natural father's name appears on the birth record as the result of his actions or intent, an: acknowledgment by registry creates a presumption of his paternity under Louisiana Civil Code Article 203 (B)(2). However, our courts have held that if others placed the father’s name on the child’s birth record as opposed to his own act, an acknowledgment by registry under Article 203 has not occurred. (In Re Martin, 357 So. 2d. 893- La. App. 1 Cir.1978).

Support and inheritance rights flow from the legal acknowledgment of children born out of wedlock. Logically, parental rights flow from the same act. This logic was expressed in the 1981 decision of In Re: Wildeboer, 406 So. 2d. 681,689 with the following language:

"We see no reason why the law should not recognize the parental rights of a parent who has acknowledged his illegitimate child when the law has recognized that parent's obligations"

Since 1995, the law requires any hospital providing birthing services to have a program which allows for the voluntary acknowledgment of paternity during the period immediately before or after the birth of a child. La. R. S. 40:46.1 also requires the hospital to provide the mother and father (if present) the forms, information, and the opportunity to voluntarily acknowledge paternity while in the hospital in accordance with Civil Code Article 203 and R. S. 9:392. The State Department of Social Services supports these hospital programs with forms, written materials and training.

For the purposes of the hypothetical question, it assumed that the child in question has been legally acknowledged by both natural parents. Under that assumption, either parent could apply for custody under Civil Code Article 245 which would require the court make the custody determination using the same criteria for the best interests of the child as specified in force and separation proceedings. Because the hypothet states that there is no custody order, both natural parents who have legally acknowledged their child presumptively have the same legal rights regarding the child. Because there is no custody order, there is likewise no domiciliary parent designation. Without such a designation or similar court order, the lines of decision-making authority for medical/health needs are the same as in those circumstances where the parents are living together.

Accordingly, either natural parent would have the authority to make medical decisions for their acknowledged natural child. The State Attorney General in opinion 80-1336 (Oct. 27, 1980) recognized the right of an unwed teenage mother to consent for the medical treatment for her minor child under the Louisiana Medical Consent Law. That Medical Consent Law in R.S.40:1299.53 specifies the persons authorized to consent to surgical or medical treatment.

" A. In addition to such other persons as may be authorized and empowered, any one of the following persons in the following order of priority, if there is no person in a prior class who is reasonably available, willing, and competent to act, is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures including autopsy not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician:

(6) Any parent, whether adult or minor, for his minor child.

Because social workers are now statutorily designated as health-care providers, it is logical that the Consent Law would be considered applicable to consents necessary for social work services as well.

Another provision of the Consent Law ( La. R. S. 40: 1299.55) contains a clear expression for a liberal construction as well as the right for good-faith reliance. "The provisions of this Part shall be liberally construed, and all relationships set forth herein shall include the marital, adoptive, foster and step-relations as well as the natural whole blood. A consent by one person so authorized and empowered shall be sufficient. Any person acting in good faith shall be justified in relying on the representations of any person purporting to give such a consent, including, but not limited to, his identity, his age, his marital status, his emancipation, and his relationship to any other person for whom the consent is purportedly given." (Emphasis supplied)

BOARD MEETING DATES
FOR 2003:

All meetings begin at 9:00am and are scheduled to be held in the LABSWE office in Baton Rouge.
Meetings carry over into Saturday if necessary.

LICENSE COUNT BY CREDENTIAL

(as of August 28, 2003)

CONTINUING EDUCATION
 

The Board sponsored two workshops in the month of June, The first workshop was "Record Keeping, Mandatory Reporting and Legal Issues for Social Workers in Louisiana". The presenters were Dale Standifer, LCSW, who serves as Complaint Investigation Officer to the Board, and by George Papale, JD, who serves as legal counsel to the Board. The social workers in attendance reported appreciation for the vast knowledge and enthusiasm of the subject matter shared by the presenters.

The second workshop was entitled, "Ethics or Something Like It: The Muddy Waters of Ethics in Real Life". Andrew Marks, LMSW, Executive Director of the Texas State Board of Social Worker Examiners, and Dr. Dorinda Noble, LCSW-ACP, Director of the Southwest Texas State University School of Social Work led this interactive workshop. Mr. Marks, Dr. Noble and three of Dr. Noble's colleagues utilized role plays to teach how the complaint process works. The presentation began with a questionable situation between a social worker and a client which led to an official complaint to the Board. The presentation ended with the audience acting as the Board to determine the ethical violations. The attendees reported high ratings for presentation style and content.

LABSWE received 167 complaints in Fiscal Year 2002-2003. The following is a breakdown of the categories based on the Social Work Practice Act and the Board’s Rules, Standards and Procedures.

FREQUENTLY ASKED QUESTIONS
by Brenda Trivette, LCSW

Is it a violation of the Louisiana Social Work Practice Act or the Rules, Standards and Procedures for the weekly supervision to take place in the home of the supervisee or supervisor?

No. This is not a violation as long as the home provides a quiet and private space to conduct supervision and the location is convenient (not exploitive) to the supervisee. However, if there is any potential physical attraction between the supervisor and the supervisee, another site would probably be advisable. Such a meeting site also leaves the supervisor open to the appearance of impropriety even if none exists.

A social worker practicing in a substance abuse setting requires that clients attend AA meetings or he will not continue to see them at his clinic. Is this an ethical practice?

Yes. If AA meetings are a part of the clinician’s treatment plan and this requirement has been explained to the potential client at the onset of treatment, there is no ethical violation. The potential client is then free to agree to the proposed treatment plan or the social worker can provide the client with information regarding other referral sources.

I am a social worker employed as a school social worker. Am I required to keep records for six years or is it the school board’s responsibility to keep these records?

Social work records for children must be kept six (6) years past the age of majority (18). Your school system should have some location where confidential records can be perpetually stored when students have moved out of your individual caseload. Check with your social work supervisor.

I am in private practice and do not want to do any court testimony for clients. Can I state in my professional disclosure statement (that I give to each client) that I will NOT do any court testimony and hold clients to that statement ? What if I receive a subpoena?

By law you must respond to any subpoena received (See Spring 2003 Newsletter for proper procedure). Confidentiality or your personal reluctance to appear in court are overruled when there are child, elder or disabled abuse issues involved. Custody or visitation issues relevant to the well being of a child are also subject to subpoena of you and your records. (See Rule 115.B.3.)

My LCSW-BACS supervisor will not complete the Plan of Supervision and puts me off each time I question or remind her that the form must be filed within 60 days of the beginning date of supervision. What can I do to force my supervisor to complete the Plan of Supervision?

Call the licensure Board and report this non-compliance, then get a new supervisor. You are wasting your unofficial supervision time if the supervisor does not meet the sixty (60) day deadline.

A social worker is seeing a minor child in his practice. The parents (named on child’s birth certificate) are not married. Can either parent make medical and treatment decisions for the child?

Yes. The inclusion of the father’s name on the birth certificate gives him parental rights to make medical and treatment decisions for his child, unless custody has been removed for cause.

A school system wants to require that all school personnel teach in the classroom. If social workers are required to teach in the classroom is there an ethical violation?

The Association of Social Work Boards (ASWB), which develops and maintains the social work licensing exams, is seeking examination question writers. Writers are paid $1,000 for attending a weekend training and submitting 30 acceptable questions.

Writers should have a degree in social work, a social work credential, and the willingness to produce 30 questions that are accepted by an editor, over six to eight months. They must also be available for training in Virginia, June 25 – 27, 2004. Travel, meals and lodging expenses for the training are paid by ASWB.

Writers will be chosen for demographic balance as well as credentials and expertise. Social workers with all levels social work education and experience are needed. Applicants will be asked to complete a short exercise via mail or e-mail to indicate probable success in writing questions.

To apply, send a letter of application and a resume by December 1, 2003, to: Exam Writers, ASWB, 400 South Ridge Parkway, Suite B, Culpeper, VA 22701.

Welcome New LCSWs, GSWs, & RSWs
LCSWs
The following social workers have been granted the LCSW license by the Board between 1/28/03 and 8/1/03

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GSWs
The following social workers have been granted the GSW certification by the Board between 1/28/03 and 8/1/03

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Provisional GSWs
The following social workers have been granted the provisional GSW certification by the Board between 1/28/03 and 8/1/03