Legislation

Governor Signs Child Protection Bill (1995) by Gregory M. Olson

Four years ago a small group of concerned citizens and organizations came together to discuss a major concern: the abuse of children and families from poor social work practice. Years were spent gathering information, discussing, and debating the best ways for children to receive the protection they need and deserve. These citizens worked hard, and the legislation passed.

The core group of concerned citizens focused on passing consistent child protection protocol. They were joined by others. The list is too long to name every one, and the areas of their representation are diverse: social workers, day care and foster care providers, birth parents, grandparents, judges, law enforcement officers, attorneys, private investigators, teachers, clergy, doctors, and children. These voices alone would be drowned by the power and disbelief of social service personnel. It was as if social workers believed they were above reproach—that they could not err. The Minnesota Social Service Association (MSSA) opposed the legislation, but individual members wrote strong letters of support.

Rep. Barb Sykora, in the Minneapolis Star Tribune, is quoted as saying, "If we follow this we will be error free 99% of the time." The key words are "if we follow this." Foster care providers are the people who will be able to determine if these protocols are being followed. They are the vital link between the child, the birth family, and the social service system. Providers will be the eyes and ears that determine whether Minnesota has quality, consistent practice that protects and serves children and their families.

This legislation will ensure that each foster care provider who is the subject of an allegation will experience a thorough and complete investigation. If you suspect that good fact-finding is not taking place, call the MFCA (612-333-2943) or the Department of Human Services.

Four individuals represent four groups who have worked closely together through the whole process. They organized, sacrificed, and spent their own resources so that future children and families will receive quality protection. I would like to thank them.

• Marion Turner, a day care provider, did all the mailings, organized meetings, and ensured that all participants were respected.
• Mark Kurzman, an attorney, donated his time for legal interpretation, meetings with legislators, and negotiations.
• Rick Cotter, a birth parent, listened to parents and providers experiencing allegations. He called and met with professionals and private citizens, and did a lot of grunt work behind the scenes.
• Jodee Kulp, author of Families at Risk, provided office space, printing services, and consulting services. She attended and was available for testimony at the state capitol. I would also like to thank her staff at Graphic Arts for their help and courtesy.

These individuals were key leaders and, along with authors Senator Allan Spear and Representative Barb Sykora, led a large group of citizens in making a difference. I am proud that the MFCA is included in their ranks.

Gregory M. Olson is president of the MFCA (1995). He and his wife Diane are providers with Hennepin County.

Here’s What the Bill Says!

Summary of new CHILD PROTECTION law prepared by Minnesota Coalition on Provider Vulnerability
Senate Authors: Allan Spear, Gene Merriam, Richard Cohen, Sheila Kiskaden, Steve Novak
House Authors: Barb Sykora, Van Engen, Phyllis Kahn Greiling, Schumacher

Accountability (Section 1)

• Expands existing immunity from only "social worker or supervision" to "any person with responsibility for performing duties under this section."
• Clarifies immunity by adding the option of "following the information collection procedures" for guaranteed immunity, but also leaves as an option the current language of "exercising due care." Both options include the proviso "acting in good faith."

Consistent protocols (Section 3):

Establishes information collection procedures for thorough fact-finding in every CPS investigation:

• Regarding the child, includes an in-person observation
• Regarding the alleged offender, including a face-to-face interview and allowing supporting documentation
• Regarding collateral information sources, including a medical exam and caregiver interviews
• Allowing collection of other relevant information
• Allowing early determination of no maltreatment
• when there is no basis for full assessment or investigation

Establishes professional interview methods including nondirective questioning, audio taping of interviews, and audio-video taping of child interviews involving sexual abuse.

Determinations (Section 5): "A preponderance of evidence" would be the standard for making determinations.

Disclosure of information (Section 6): A summary of the specific reason may be requested following a determination of maltreatment, including a notice of data access rights, and certification of the procedures followed.

Conflict of interest (Section 7): "Direct or shared financial interest or referral relationship . . .; or personal or family relationship" would disqualify a person from being the one who conducts the assessment.

Know Your Rights When Using Mental Health Services

The State of Minnesota licenses five mental health professions:

• Psychiatrists (a medical doctor with a specialty in psychiatry);
• Social workers;
• Psychologists;
• Marriage and family therapists; and
• Psychiatric nurses (nurse with advanced training In mental health treatment).

Individual licensing boards regulate each of these occupations.

Other mental health practitioners may practice in Minnesota without a license. They Include professional counselors, mental health and chemical dependency counselors, new age therapists, hypnotheraplsts, psychotherapists, and some pastoral counselors and clergy. These counselors are regulated by the Office of Mental Health Practice In the Minnesota Department of Health.

Do ask questions either over the phone or during the first therapy session. Some questions to ask:

• Are you licensed?
• What is your professional title?
• What are your credentials?
• What types of services do you provide?
• What is your fee? Are your fees covered by insurance?
• How are you supervised?
• How will we agree that it is time for me to stop receiving services?

Ask unlicensed counselors for a copy of the Mental Health Client Bill of Rights. This document gives you valuable information about the counselor’s credentials, supervisor, and approach to providing services.

You have the right to change counselors at any time after you begin to receive services. You may also ask for a referral to a different counselor.

Warning signs

Some counselors act inappropriately with their patients. Unprofessional behavior includes:

• Self-disclosure by the counselor of his or her own problems or sex life
• Telling dirty jokes
• Scheduling appointments after normal office hours
• Increasing the frequency and time allowed for sessions (when this is different from normal office procedure)
• Changing fees or deferring billing (when this is different from normal procedure)
• Giving or accepting major gifts
• Inviting a client to social engagements
• Dating the client
• Borrowing money or getting involved in business deals with a client
• Making secrecy a part of the counseling relationship
• Using or offering alcohol or drugs to a client.

Such boundary violations can be psychologically damaging. Often they precede counselor-patient sexual exploitation. This exploitation may Include:

• Kissing
• Intentional touching of the patient’s intimate parts
• Lengthy, full body hugs
• Sexual intercourse
• Seductive speech.

Sexual exploitation of a patient by a counselor is wrong and against Minnesota law.

If you have questions about mental health services, or if you wish to bring a complaint against an unlicensed counselor, contact:

Office of Mental Health Practice
Minnesota Department of Health
121 E. 7th Pl., Suite 400
P.O. Box 64975
St. Paul, MN 55164-0975
612-282-5621 or 800-657-3957

Reprinted here from the "Networker," March 1995, published by the Minnesota Association for Children’s Mental Health. Adapted and reprinted with permission from the Minnesota Department of Health.

Licensing Boards