Deck 5: Privacy, Confidentiality, and Exceptions

Question 1

In a social work-client relationship, who has the right to waive confidentiality?

A) The client (only)
B) The social worker (only)
C) The client or the social worker
D) The client, the social worker, or the NASW

Answer 1

A

Question 2

You are working with the Xenon family. While meeting privately with you, Calla Xenon says that she is planning to initiate divorce proceedings as soon as she graduates from her engineering program. She asks you not to tell her wife, Lydia, even though you believe that Lydia should know about her plans. In terms of your ethical obligations, you should:

A) Share the information with Lydia, because anything shared with one family member may be shared with other family members
B) Honor Calla's request to keep the information away from Lydia because each person has a right to 100% confidentiality of information shared individually with the social worker
C) Follow the agreement that you made with the family regarding whether you may share information from individual meetings with other family members
D) Tell Calla that she must share the information with Lydia immediately, or you will need to report her to the proper authorities

Answer 2

C

Question 3

You would like to know more about new clients before they come into your office for services. You wonder whether it is ethical to conduct an online search before you see them. According to Standard 1.07 of the NASW Code of Ethics regarding client privacy, you should:

A) Conduct the searches and do not tell the clients that you have done so, so that you do not upset them
B) Conduct the searches and let them know at the next meeting what you have discovered about them online
C) Never conduct an online search of a client because it is illegal to do so
D) Obtain consent from clients PRIOR to conducting an online search, or avoid conducting an online search without their permission

Answer 3

D

Question 4

You receive a court order from a state attorney saying that your client's records are being subpoenaed for an upcoming criminal trial. Of the following options, you first step should be:

A) Send your client's records to the state attorney
B) Send your client's records to the court
C) Shred any of your client's records that might be embarrassing to you or the client and plead the Fifth Amendment if the case proceeds to a court hearing
D) Let the client know that your records are being subpoenaed and encourage the client to speak with an attorney to determine how to respond

Question 5

You are providing services to a 16-year-old named, Jun-Yi. Jun-Yi's parents originally agreed that they would respect her right to privacy and anything that she shared with you could be kept confidential from them. Now, they are asking to see Jun-Yi's records. Jun-Yi does not want her records shared with her parents. Ethically, you should:

A) Share the records with the parents because parents have a right to access their child's records
B) Destroy the records to prevent unauthorized access
C) Share the records with the parents and ask them not to tell Jun-Yi that you have shared the records with them
D) Respect Jun-Yi's confidentiality and let the parents know that you may not share the records

Question 6

You have been subpoenaed to testify in a divorce hearing related to a client, Claudio. Claudio waives his right to privilege, wanting you to testify. As a witness testifying at the trial, you should:

A) Ask the court to respect your right to privilege and allow you to leave the court without testifying
B) Answer the questions asked of you in an honest, concise manner
C) Explain to the court that you do not want to break your confidences with your client, so you are prepared to go to jail
D) Tell the court that you do not have any current memory of this client (even if this is not true)

Question 7

A client, Gertie, discloses that she physically abused her children, but that was seven years ago when she had an addiction problem. She says she no longer has an addiction and she no longer abuses her children. You believe Gertie. As a social worker, you have a legal obligation to:

A) Report the client to child protective services even though the client says abuse is no longer occurring
B) Keep the information about abuse confidential because it happened so long ago
C) Terminate services with the client
D) Meet with Gertie's children and investigate whether she has abused them or is continuing to abuse them

Question 8

One of the primary purposes of offering clients confidentiality is to:

A) Ensure that social workers practice within their areas of professional competence
B) Build trust by offering them a safe place to discuss personal and potentially embarrassing issues
C) Avoid dual relationships
D) Document the most important facts so that they may be used in any upcoming legal proceedings (e.g., malpractice)

Question 9

You are working with a person who has severe physical disabilities and depends on his adult children for cooking, bathing, and other basic needs. You are concerned that his children are using his money for personal purposes without his permission. Legally, you should:

A) Mind your own business and say nothing
B) Report the situation to adult protective services if your state laws require you to report financial abuse of adults with disabilities
C) Meet with the adult children to investigate the possibility of abuse
D) File an order for protection in court to ensure the safety of you and your client (i.e., protection from physical and financial harm)

Question 10

You are meeting with a client who is requesting assistance with finding a job. You think the client may be bisexual. Although this information is not relevant to the client's reason for seeking services, you are curious. Under Standard 1.07(a) of the NASW Code of Ethics, you should:

A) Avoid asking the question because the client has a right to privacy and the information is not relevant to your work
B) Ask the question because if you are curious, it is important to satisfy your curiosity
C) Ask indirect questions to see if you can figure out whether the client is bisexual, but avoid asking direct questions
D) Hand the client an intake form that asks whether the client is bisexual