Legal Issues in Counseling and Investigating Abuse Cases

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Part 1

1000 words

This report will accomplish 2 goals: The first is to discuss the duty to protect and its significance to chemical dependency counselors, and the second is to review the code of ethics of the American Counseling Association to determine the significance of the duty to protect to that organization.

Your supervisor has asked you to prepare a report on the duty to protect.

  • Discuss the concept duty to protect as it relates to chemical dependency counselors.
  • Refer to course materials in Phase 2 to obtain a copy of the code of ethics of the American Counseling Association (ACA) section A–H, and review the document to determine the ACA’s position on the duty to protect. The word protect is mentioned almost 20 times in the ACA Code of Ethics. Discuss the significance of the many references to the word protect.

Part 2

2-3 pages

The right of a parent to decide how to raise their children is considered a fundamental right, which means that government interference with that right must be for a compelling reason such as child abuse or neglect. In the case of Native American children, children were often removed from their tribal homes and placed in child welfare systems throughout the nation that were not culturally similar. In response to this, the Indian Child Welfare Act (ICWA) was passed in 1978.

As the CPS investigator you have learned that Anne may possibly have Native American ancestry. This is your first case regarding a child from a Native American ancestry, so you will need to research the provisions of ICWA to ensure you are well informed. You are asked by your supervisor to write a 2-3 page paper outlining your knowledge of the following:

  • the history of ICWA
  • ICWA provisions
  • ICWA requirements

Answer the following questions:

  • As an investigator of alleged abuse/neglect, what does ICWA require you to do first?
  • How would Anne’s lineage be determined?
  • Can Anne be removed from her home and placed in foster care if she is of Native American descent?

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