Re: Advisor Liabilities?

From: Holly Elissa
Email: hollyelissab@comcast.net
Date: May 23, 2007

Comments

What a challenge!

When I think of being a mandated reporter, I think 1st of my responsibility should i witness neglect, abuse, or the suspicion of both 1st hand.

Your question raises another question: What if there is a potential threat, rather than something that has already happened?

I would have to balance these four (sometimes competing) principles:

*The 1st principle in our profession is: "do no harm". Children's safety must be protected.

*The ADA (Americans with disabilities act) mandates that we make reasonable accomodations to ensure equal treatment of an employee has a mental or physical impairment.

*The ADA also restricts us from questioning an employee about a potential disability, unless the employee tells us about the disability 1st.

*The ADA has a "direct threat" exception. If the employee's disability puts herself and/or another person in substantial danger of harm, we can take action to remove the employee, even if the employee hasn't told us s/he has a disability.

This may be an ethical/legal struggle between honoring an employee's right to confidentiality, and protecting children from harm. Most of us, if we had to choose one right over another, would move to protect the children.

The ADA protects employees who have both/either physical and mental impairments. Mental impairments covered include chronic depression, ADHD, bipolar disorder. What do you do if you suspect a caregiver has one of these impairments, and as a result, may pose a risk to children? AND the employee hasn't voluntarily told you s/he has a disability. To complicate matters, employees with these conditions can function very well with the proper help.

Have you faced this dilemma?