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Week 5 Debate Outline
Noah Johnston
Department of Social Work, UMass Global
SOWK 602: Social Work Law and Ethics
Dr. Yoshioka Mora
March 3, 2023
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For this week’s ethics debate, we will be discussing how to approach risk management in
the context of military law. Risk management is an approach to ethics and refers to the efforts to
protect clients, practitioners, and employers (Abisheva & Assylbekova, 2016). When it comes to
social work organizations, managing risks involves applying policies and procedures to the tasks
of identifying, analyzing and assessing risks, determining the degree of exposure to risk that
organizations can accommodate, and taking appropriate steps to avoid litigation, loss of
reputation or injury (Abisheva & Assylbekova, 2016). Overall, risk management is used to
decrease negative outcomes in social work and ensure the delivery of safe, ethical, and effective
practices.
If we don’t implement risk management, we may be at risk of losing or not being able to
acquire our licensure in the state that we practice in. For me, I reside in California and plan to
practice social work in California. According to Russiano, candidates in the state of California
must first earn a MSW to be eligible for a social work license (2020). It is important that when a
person is earning their MSW, that they do so from a Council on Social Work Education, or
CSWE, accredited school (Russiano, 2020). Once a person graduates and earns their MSW in
the state of California, they are to apply to their state board and take an Association of Social
Work Board, or ASWB, exam (Russiano, 2020). Once they pass the exam, they earn an ASW
and have to then receive 3,000 hours of supervised social work practice in order to be eligible for
the next ASWB exam in the state of California (Russiano, 2020). After you complete 3,000
hours of supervised practice and pass the second ASWB exam, individuals will earn their
licensure, such as LCSW, in the state of California (Russiano, 2020).
For this week’s debate, I will be supporting the stance that social workers should follow
civilian law instead of military law when working with military populations. To further analyze
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this dilemma, we will be using Elaine Congress’s ETHIC model of decision-making. Congress’s
model includes evaluating relevant personal, societal, agency, client and professional values;
thinking about what ethical standard of the NASW Code of Ethics applies as well as relevant
laws and case decisions; hypothesizing about possible consequences of different decisions;
identifying who will benefit and who will be harmed in view of social work’s commitment to
those that are vulnerable; and consulting with supervisor and colleagues about the most ethical
choice (Congress, 2000).
First, I must evaluate relevant personal, societal, agency, client, and professional values
(Congress, 2000). Personally, it is important to be aware of what laws apply to civilian social
workers when working with military populations. In addition, it is important to understand our
society’s structures around which laws apply to members of the military and to civilians. For our
clients, it is necessary to know what laws and procedures apply to them in order to help them
meet their needs and provide quality services. Last, it is instrumental to note our professional
values as social workers, especially values surround a client’s right to self-determination.
Next, Congress suggests we think about what ethical standards of the NASW Code of
Ethics applies as well as relevant laws and case decisions (2000). Overall, I am held accountable
for violating civilian law, not military law because I am not in the military. Active-duty members
are subject to the Uniform Code of Military Justice, or UCMJ, and are held responsible and
accountable for their actions while civilians do not have to follow orders and are not held
accountable to the UCMJ (Talent & Ryberg, 2001). In addition, UCMJ is the only form of
“constitutional law” where individuals, whom serve in the armed forces, are subjected to
“double” jeopardy which means individuals can be convicted by “civilian law” and “military
law” for the same offense (Majszak & Richard, 2021). According to the NASW on social work
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practice with military families, “Uniformed social workers are to adhere to applicable laws and
regulations regarding military members, such as the UCMJ” (National Association of Social
Workers, 2012). It is important to clarify that non-uniformed social workers are only obligated to
follow civilian law, not military law (Reamer, 2014). Therefore, for me as a non-uniformed
civilian, I should not follow military law and should only follow civilian law. With that being
said, it is important that social workers working with military populations work within the
boundaries of both civilian and military law to best serve this population (Talent & Ryberh,
2001).
Third, Congress suggests we hypothesize about possible consequences of different
decisions (2000). If I follow military law instead of civilian law, the results are I would not be
accountable for any crimes I commit under military law because I am not in the military. If I
follow civilian law instead of military law, the results are I would be held accountable under the
US Constitution for any crimes or ethical malpractice I commit, which is the more appropriate
choice. In addition, following civilian law ensures I am held accountable for my actions under
the most appropriate jurisdiction.
Fourth, Congress points us to identify who will benefit and who will be harmed in view
of social work’s commitment to the most vulnerable (2000). If I follow civilian law, I benefit
because I am working under the confines and regulations of civilian law. Furthermore, this
choice also benefits my client because I will be held responsible for my actions under an
appropriate channel. If I follow military law, no one benefits because I am not in the UCMJ’s
jurisdiction as a civilian. With that being said, I still think it is necessary I am aware of what laws
apply to my client under the UCMJ. If I am not aware of the way the UCMJ affects my client, I
am not practicing cultural competency.
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Last, Congress suggests we consult with supervisors and colleagues about the most
ethical choice (2000). For this final step, I would speak with my agency supervisor, fellow
colleagues, and other professionals in the field to elicit perspectives on whether or not I should
follow military or civilian law. It is important to value, remain open-minded, and truly listen to
everyone’s feedback in order to determine the most ethical decision moving forward. After
consulting with my colleagues and supervisor, they too agree that I should follow civilian law
because I am not a member of the military. They also agree that I should be aware of what
UCMJ laws apply to my client in order to provide the highest quality of care.
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References
Abisheva, K., & Assylbekova, L. (2016). Risk Management and Ethical Issues in Social Work.
https://www.semanticscholar.org/paper/Risk-Management-and-Ethical-Issues-in-Social-
Work-Abisheva-Assylbekova/97e9fd8898f9cf67c8727281be787d58a41f6852?p2df
Majszak, B., & Richard, T. (2021, July 11). 1.12: Service members and Social Work. Social Sci
LibreTexts. Retrieved March 2, 2023, from
https://socialsci.libretexts.org/Bookshelves/Social_Work_and_Human_Services/Introduct
ion_to_Social_Work_(Gladden_et_al.)/01%3A_Chapters/1.12%3A_Service_Members_a
nd_Social_Work
National Association of Social Workers. (2012). NASW Standards for Social Work Practice with
the Military. Retrieved March 2, 2023, from
https://www.socialworkers.org/LinkClick.aspx?fileticket=fg817fIDop0%3d&portalid=0
Reamer, F. G. (2014, September). Novel Boundary Challenges: Military Social Workers. Eye on
Ethics. Retrieved March 2, 2023, from
https://www.socialworktoday.com/news/eoe_091214.shtml
Russiano, M. (2020, November 4). Social Work License Requirements.
SocialWorkLicensure.org. Retrieved March 1, 2023, from
https://socialworklicensure.org/articles/social-work-license-requirements/
Tallant, S. H., & Ryberg, R. A. (2001). Social Work in the Military: Ethical Dilemmas and
Training Implications . Common and Unique Ethical Dilemmas . Retrieved March 2,
2023, from http://isme.tamu.edu/JSCOPE00/Tallant00.html
