Discussion 2: Duty To Warn And Protect Addictions Profession

Discussion 2 Duty To Warn And Protectaddictions Professionals Are In

Discussion 2: Duty to Warn and Protect Addictions professionals are in a unique position in that they must maintain confidentiality while possessing exclusive knowledge about behavior that may result in injury. How do they balance these conflicting priorities? Under special protection, addictions professionals have the duty to warn and protect if they become aware clients are acting in a way in which their addiction may harm themselves or others. Understanding your legal and ethical obligations and the resulting social consequences is essential when working with an impaired individual whose decisions may have life or death consequences for others. For this Discussion, review this week's resources as well as the ones that you find in the Walden Library and reputable sources on the Internet.

Reflect on different situations in which "duty to warn and protect" laws apply in your state (Ohio). Select a duty to warn and protect law that applies to your role as an addiction professional in the community. Consider why your selected law is important. Provide a Discussion Post containing the following Topics, Content, and Headings:

• A summary of the duty to warn and protect law in the state of Ohio.
• Then explain issues or events that necessitated the creation of the law. o Be specific and provide examples to support your response. o Additionally, describe either an addendum that would strengthen the existing law or a new law that you would create and enact to further protect the rights of clients impaired by addictions. o What inequity or limitation are you attempting to address? o What outcomes would you like to see if your law passed? o Support your response using the resources and the current literature.

Must contain at least 5 references. Be sure to reference the Ohio laws for Duty to warn and Duty to Protect, The NASW, the CSWE, all contained in the attachment. Reference Lambert (2011) and Robinson (2017) The following relates to Ohio: Several of the Ohio codes include Ohio Revised Code (ORC) 2305.51 Mental health professional or organization not liable for violent behavior by client or patient. This policy, in short, defines the social worker’s duty to warn the potential victim if they believe their client presents an imminent threat to that person, people, and individual. The Ohio Administrative Code (OAC) details the Duty to protect requirements. OAC is the policy to implement the duty to protect requirement detailed in ORC 2305.51.

Paper For Above instruction

The duty to warn and protect is a critical legal and ethical obligation for addiction professionals operating within Ohio. This duty arises when clinicians believe that a client poses an imminent risk of harm to themselves or others, requiring immediate action beyond confidentiality to prevent potential tragedies. Ohio's legal framework, primarily codified in the Ohio Revised Code (ORC) 2305.51, delineates these responsibilities explicitly. The law emphasizes that mental health professionals are protected from liability when acting in good faith to warn potential victims or initiate protective measures.

In Ohio, the duty to warn and protect was prompted by high-profile incidents of violence linked to untreated mental health issues, highlighting the necessity for clear legal guidelines. For example, cases where individuals with mental health challenges have committed acts of violence underscored the need for clinicians to recognize and act upon imminent threats. The Ohio Administrative Code (OAC) provides detailed procedures for implementing these legal provisions, ensuring that mental health professionals understand their responsibilities and boundaries. Specifically, OAC mandates that professionals must assess threats carefully and take appropriate steps such as notifying potential victims or involving law enforcement, all while maintaining ethical standards and client confidentiality when possible.

However, current laws possess limitations, particularly concerning the scope of threat assessment and the thresholds for intervention. For example, the law primarily addresses imminent threats but may not adequately cover less obvious risks associated with substance abuse and addiction, which can also lead to harmful behaviors. An addendum I propose involves developing a more nuanced risk assessment protocol tailored for addiction-specific scenarios, especially considering the chronic and relapsing nature of substance use disorders. This would include integrating screening tools developed for addiction-related risks and establishing clear guidelines for intervention that respect clients' rights while safeguarding public safety.

The primary limitation I seek to address is the potential for underreporting or delayed intervention due to fear of violating confidentiality or legal repercussions. I aim for this law or addendum to foster more proactive risk assessments and standardized procedures, which could lead to earlier interventions and prevention of harm. The anticipated outcome involves increased safety for clients and the community, along with clearer guidance for addiction professionals navigating complex cases. Enhancing legal protections and clarifying responsibilities could reduce hesitation among clinicians and improve response times in critical situations.

Research indicates that a balanced approach combining legal mandates with ethical considerations enhances client trust while ensuring public safety (Lambert, 2011; Robinson, 2017). Furthermore, aligning Ohio laws with national standards such as those outlined by the National Association of Social Workers (NASW) and the Council on Social Work Education (CSWE) helps reinforce best practices. Ultimately, I advocate for an expanded legal framework that includes mandatory risk assessments for clients with addiction histories, supported by ongoing training and clear reporting procedures, fostering a safer environment for all parties involved.

References

• Lambert, E. G. (2011). Ethical dilemmas in social work practice. Journal of Social Work Values and Ethics, 8(2), 3-12.
• Robinson, K. (2017). Legal issues in mental health practice. Clinical Social Work Journal, 45(1), 23-34.
• Ohio Revised Code (ORC) 2305.51. Mental health professional or organization not liable for violent behavior by client or patient. Retrieved from Ohio Laws and Rules Database.
• Ohio Administrative Code (OAC), Title 4731-1. Duty to Protect Regulations. Retrieved from Ohio Administrative Code online.
• National Association of Social Workers. (2017). Code of Ethics. NASW.
• Council on Social Work Education. (2020). Commission on Accreditation Standards. CSWE.