Free Essay

The Use of "Best Practice" in Guardianship

In: Social Issues

Submitted By tcrawford23
Words 3039
Pages 13
Final Project
The use of “Best Practice” in Guardianship

Student: Takysha Crawford tcrawford@waldenu.edu
Student ID # A00487277
Program: PhD in Human Services
Specialization: Family Studies and Intervention Strategies

Walden University
May 18, 2014

Introduction
My specific area of human services would is guardianship of incapacitated adults who need guardians to help them provide food, clothing or shelter, or to care for his or her own physical health, and to manage his or her own financial affairs. When we think of guardianship, we often think about children who have no one and need people to serve as guardians but we really don’t think about the adults who, due to physical or mental incapacity, need someone to serve as their guardian. These people need someone to help make financial, medical, and personal decisions on their behalf. The Uniform Guardianship and Protective Proceedings Act, considers an incapacitated adult as one who is unable receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance (Demakis, 2013). To date all 50 states have passed some type of guardianship reform: however these reforms vary considerably from state to state (Kubik & Woods, 2005). According to Demakis (2013),
First, a petition is made to the court, most often by a family member, in which an individual, considered the respondent or presumed ward (the terminology differs by state), is alleged to be incompetent/incapacitated. Next, a hearing or series of hearings is conducted in which the respondent is represented by an attorney or guardian ad litem appointed by the court or a privately retained attorney. The hearings may include testimony from the petitioner, respondent, and family members, as well as experts assigned by the court. Psychologists currently serve in this role in most states.
As a result of the hearing, the judge or legal officer makes a determination as to whether the respondent is incompetent/incapacitated or not based on the relevant statute. If the respondent is found incompetent or incapacitated, a guardian is subsequently assigned. Guardianship may be of the person or estate (i.e., regarding financial affairs) depending on the type and severity of the individual’s impairments.
Best Practice According to the National Guardianship Association (2007), the Standards of Practice outline principles that are NGA ideals for service delivery, and are indicated as current, but evolving “best practices”. Because of changes in laws, people, and technology change over time the adoption of the best practice model suits this area of human services. The NGA best practice approach focuses on the guardian’s duty to recognize and respond to the person as an individual with needs, desires, and the potential for growth (National Guardianship Association, 2007). In order to fulfill the best practice approach a person serving as a guardian must learn as much about the individual that they are serving. This includes learning about the person’s background, culture, religion, family, and personal preferences. This knowledge is used to help the guardian make decisions that are best practice decisions and in the best interest of the person that they are serving. Best practice is defined as, a technique or methodology that, through experience and research, has proven to reliably lead to a desired result (Rouse, 2007). Any field that uses best practice uses all resources available so that success can be obtained. In guardianship success is measured in how well the person being served is taken care of. Without the use of every available resource a guardian will not be able to successfully take care of their client. Because every client and situation is different the best practice method allows the guardian to use the resources and research that has proven to be reliable with each client that they may have. In this way they are not limited to one technique in providing services to clients. There are some instances where best practice is used before the appointment of guardianship takes place. A judge can use information provided to her by attorneys, doctors, and social workers to determine the level of guardianship that is required. Not all clients are in need of guardianship to have full authority. For instance an individual with a visuospatial impairment may no longer be able to drive or manage a checkbook but could still participate meaningfully in medical and housing decisions (Kubik & Woods, 2005).
History and Culture
Culture has played a very significant part in the practice of human service. The changing culture and times have also changed how human service has been performed over time. Changes in legislation, the use of technology, and changes in population, are just a few of the factors that have changed over time and continue to change. With these changes the face of human service has had to change as well to adapt not only to specific parts of the culture but to the ever changing world of needs. There have been very substantial changes in the culture of Guardianship. There was not even considered a need for the program until 2003. There was consideration for minors who needed guardians but no real consideration for an organization for incapacitated adults who had the need for someone to be able to make decisions for them, and help provide basic necessities. There were a growing number of these adults who had no one to take care of them. This in itself showed a shift in the culture. Culture had shown that in times before, that family took responsibility for these family members and were willing to take them in and provide for them. Now we are seeing more families that are less willing to do so. There is an increase in mental health issues such as, Bipolar disorder, Schizophrenia, PTSD, and Alzheimer’s. I feel that there is a gap in education that leads many families not to know how to deal with such issues and therefore causing family member suffering with these illnesses to be left alone. There have also been major changes in legislation that have led to the opening of such programs like guardianship. According to the National Conference of State Legislators (2013), House Bill 413 was signed by the Governor of Texas Rick Perry May 15, 2012. House Bill 413 States: This bill allows the attorney general to file a civil action against a person or caregiver who abuses, neglects, or exploits a vulnerable adult or against a person or caregiver who negligently allows another person or caregiver to abuse, neglect, or exploit a vulnerable adult. Not only has there been a shift in culture when it comes to caring for incapacitated adults but there has also been a change in the way that crime is being committed over time. There are those who see these incapacitated adults and take advantage of their incapacity. Exploitation and neglect has risen over time, which has caused the government to pay attention and pass legislation to protect these adults.
Ethics
The Code of Ethics that the Harris County Guardianship Program adheres to the Texas Guardianship Certification Board. This Board is approved and governed by the Texas Supreme Court. On December 12, 2006 the Texas Supreme Court approved the Guardianship Certification rules, fees, and code of ethics (Texas Courts Online, 2014). Texas Government Code Section 111.011(a) provides that the Guardianship Certification Board is composed of eleven members appointed by the Supreme Court of Texas and four public members appointed by the Supreme Court of Texas from a list of nominees submitted by the governor (Texas Court Online, 2014). This board is composed of five committees; rules committee, minimum standards committee, exam committee, application committee, and disciplinary standards committee. Certification is a major part of rules and ethics of the Guardianship Certification Board. In 2007 the board mandated that there are guardians that must pass a certification exam in order to serve in Texas as a guardian. There are four categories of guardians according to the ethics and standards of Guardianship Certification Board that must be certified. These individuals are; individuals, other than attorneys or corporate fiduciaries, who are private professional guardians, individuals, other than volunteers, who provide guardianship services to wards of the Texas Department of Aging and Disability Services (DADS), individuals, other than volunteers, who provide guardianship services to wards of a local, county, or regional guardianship program, and Attorneys who provide guardianship services in a capacity other than private professional guardian must be certified (Texas Court Online, 2014). The Code of Ethics is enforced by the Guardianship Certification Board. When there is a complaint due to violation of ethics it must be sent in writing to the Guardianship Certification Board. Any person can put in a complaint to the Board. The complaint must include the allegation of the violation and how it is a violation according to the Code of Ethics. It must also include the name and contact information of the certified guardian that is being complained against, an actual factual basis for the allegation, and any necessary and supporting documentation (Texas Courts Online, 2014). If this Certified Guardian is considered to be in violation there certification can either be suspended of or terminated depending on the level of the violation. When a license is suspended a person will never be able to serve as a certified guardian in the state of Texas.

Professional Associations The National Guardianship Association is open to all Nationally Certified Guardians in the United States. This association was formed in order to advance the standards of excellence in guardianship and to ensure that those appointed to the care of guardians, conservators and fiduciaries deserve quality services and that every person should be provided respect, due process, rights, and dignity in guardianship (National Guardianship Association, 2014). One of the major impacts that this association has had, not just on guardianship agencies such as the Harris County Guardianship Program, but to individual guardians as well was to put in place standards of practice. In order to ensure that these standards of practice are learned a prospective guardian must pass an exam to become a certified guardian. If this test is not passed within two years of provisional certification then guardian status will not be granted.
The NGA was formed due to the growing number guardianship professionals all over the United States. In 1988 Over 200 people gathered in Chicago for a special session determine if there was sufficient interest and commitment to form a national organization (National Guardianship Association, 2014). One of the major issues that came forth was the difference between state laws and how standards of practice could be formed with these differences. In spite of the differences the National Guardianship Association was formed in January 1989 and was formally incorporated in the state of Illinois as a non-profit corporation (National Guardianship Association, 2014).
The major goals of the NGA in its early years were to develop a uniform Code of Ethics, Standards of Practice, and training and education curriculum. A Model Code of Ethics, authored by Michael D. Casasanto, Mitchell Simon, and Judith Roman, was adopted by NGA in July 1991 and later NGA went on to create and adopt a baseline of seven Standards of Practice for Guardians (National Guardianship Association, 2014). In 1997 a comprehensive certification examination was created as a means of testing the knowledge of those who wanted to become Certified Guardians.
The original seven Standards of Practice were expanded to twenty-three Standards of Practice between 1998 and 2000 and later, additions were made in 2002 and again in 2007 to comprise NGA’s current twenty-five Standards of Practice (National Guardianship Association, 2014). These standards are what the certification examination and based on, and are the foundation on which guardianship practices are formed. The National Guardianship Association Standards of Practice for individuals and agencies provide specific principles and commentary designed to improve a guardian’s process of decision-making. Thus, professionals, family members, and volunteers will be willing to act as guardians for people in need, and the decisions made are based upon a set of agreed-upon principles that are ethically and morally sound (National Guardianship Association, 2014). The NGA has helped to make strides in regards to the protection and care for incapacitated adults. The NGA helped to get Bill S1744, Guardian Accountability and Senior Protection Act passed (National Guardianship Association, 2014).
“The bill provides funding for State courts to assess and improve the handling of proceedings relating to adult guardianship and conservatorship, to authorize the Attorney General to carry out a pilot program for the conduct of background checks on individuals to be appointed as guardians or conservators, and to promote the widespread adoption of information technology to better monitor, report, and audit conservatorships of protected persons” (National Guardianship Association, 2014). Once a guardian is certified he or she can choose to join the National Guardianship Association. Regardless of whether you are a member of the NGA or not, if you serve as a Certified Guardian the association plays a major part in the guardianship work and service that is done. As time progresses and technology changes, the standards of practice may need to be altered. Being a part of the NGA helps the Certified Guardian to have a voice in those changes.
Future Endeavors The Center for Guardianship Certification Have worked for years to make an impact on the nationwide public policy when it comes to adult guardianship. Delivery of Guardianship services has been a major focus. Guardianship stakeholders, public policymakers and legislators have been calling for assistance to develop public policy that improves the delivery of guardianship services. In 2009, the Board of Trustees of the Center for Guardianship Certification determined that responding to this request was vital to the mission and purpose of the Guardianship Certification Center (Center for Guardianship Certification, 2011). It was at this time that they decided to interview Guardianship stake holders from all over the nation. By doing this they were able to come up with a public policy statement. The basis of this statement is to ensure that guardians are tested and certified in every state. This testing helps to ensure that legal guardians are qualified to give the services that they render. Along with testing, this statement stresses the importance of the continued training and education that are mandatory requirements of certification. This policy statement has helped to ensure that 24 states are states that must have tested certified guardians. In the future the Center for Guardianship Certification will continue to advocate for the change of public policy. The goal is to have all 50 states with tested certified guardians.
The fight to end exploitation of incapacitated adults is also a fight that must continue into the future. Damakis (2013) writes: Individuals may have relatively intact activities of daily living and perhaps only minor cognitive or communication difficulties issues, if any, but still remain vulnerable to exploitation. In some cases and in some states, these individuals may not technically meet criteria for incompetency/incapacity with a statutory focus solely on activities of daily living. The classic case is an elderly individual living alone without family or friends preyed on by telemarketers or other sales people. Legal protection of these individuals is important, particularly with the aging of the U.S. population, as well as the increasing movement of individuals and fragmentation of families. The more that time goes on and technology advances the needs for guardians will change. An increase in technology will lead to an increase in the number and the ways that incapacitated or partially incapacitated individuals will be exploited. It will be the law makers to use best practice so that research and experience can be used to come up with a successful outcome. Conclusion
Guardianship services are very vital to the lives of many Americans, and as baby boomers get older, will continue to be a very relevant part of society. Whether a person is serving as a private guardian or works for an organization, the best practice method is one that is very important to utilize. In guardianship success is measured in how well the person being served is taken care of. Without the use of every available resource a guardian will not be able to successfully take care of their client. Because every client and situation is different the best practice method allows the guardian to use the resources and research that has proven to be reliable with each client that they may have. In this way they are not limited to one technique in providing services to clients.

References

Center for Guardianship Certification: Public Policy. (2011). Retrieved May 7, 2014, from http://www.guardianshipcert.org/public_policy.cfm
Demakis, G. J. (2013). State statutory definitions of civil incompetency/incapacity: Issues for psychologists. Psychology, Public Policy, And Law, 19(3), 331-342. doi:10.1037/a0032827
Langen, W. (1978). Public guardianship: Protecting the interests of the ward. Law And Human Behavior, 2(3), 267-282. doi:10.1007/BF01039084
National Conference of State Legislators (2013). nscl.org. Retrieved March 18, 2014 from http://www.ncsl.org/research/financial-services-and-commerce/financial-crimes-against-the-elderly-2012-legis.aspx
National Guardianship Association: Mission, Overview, and History. (2014). Retrieved April 24, 2014, from http://www.guardianship.org/overview.htm
National Guardianship Association: Legislation. (2014). Retrieved April 24, 2014, from http://www.guardianship.org/legislation.htm
National Guardianship Association: Standards for Agencies and Programs Providing Guardianship Services. (2007). Retrieved May 16, 2014, from http://www.guardianship.org/documents/Agency_Standards.pdf
Rouse, Margaret (2007). Best Practice. Retrieved May 16, 2014 from http://searchsoftwarequality.techtarget.com/definition/best-practice
Texas Courts Online: Members. (2014). texascourts.gov, Retrieved April 13, 2014, from http://www.txcourts.gov/gcb/members.asp
Texas Courts Online: Rules, Standards, Policies. (2014). texascourts.gov, Retrieved April, 13, 2014 from http://www.txcourts.gov/gcb/rules.asp
Texas Courts Online: Complaints/Disciplinary Procedures. (2011). texascourts.gov, Retrieved April 13, 2014 from http://www.txcourts.gov/gcb/procedures.asp
Wood, S., & Kubik, J. (2005). Presenting the Complex Client in Court: Practical Issues Related to the Assessment of Capacity. Rehabilitation Psychology, 50(3), 201-206. doi:10.1037/0090-5550.50.3.201

Similar Documents

Premium Essay

Decision Making

...Guide Queensland Health Guide to Informed Decision-making in Healthcare Disclaimer The information within the Guide to Informed Decision-making in Healthcare is intended as a guide to good clinical practice. The law and service delivery environment is constantly evolving, so while every attempt has been made to ensure the content is accurate, it cannot be guaranteed. The information within this document should not be relied upon as a substitute for other professional or legal advice. ISBN 9781921707391 ©State of Queensland (Queensland Health) 2011 First edition February 2012 This work is licensed under a Creative Commons Attribution Non-Commercial 2.5 Australian license. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc/2.5/au/ In essence, you are free to copy, communicate and adapt the work for non-commercial purposes, as long as you attribute the Patient Safety and Quality Improvement Service, Queensland Health and abide by the license terms. For further information, contact: Informed Consent Program Manager Patient Safety and Quality Improvement Service Centre for Healthcare Improvement, Queensland Health PO Box 152 Herston Queensland 4029 tel (+61) (07) 3646 9715 psq@health.qld.gov.au www.health.qld.gov.au/chi/psq/ For permission beyond the scope of this license contact: Intellectual property Officer Queensland Health GPO Box 48 Brisbane Queensland 4001 tel (+61) (07) 3234 1479 ip_officer@health.qld.gov.au Forward Patient-centred...

Words: 37773 - Pages: 152

Free Essay

Hoarding and Squalor

...In this essay, I [avoid personal pronouns in academic writing] would like to put on the Agenda the issue of ‘Hoarding and Squalor’ so as to bring awareness on the impact of this condition on the individual, families and the wider community. I analyse the issue of ‘Hoarding and Squalor’ by using existing evidence anecdotal evidence through studies on the impact and consequences this issue at micro and macro level. Further I will demonstrate the associated current social policies around this problem by incorporating a combination of techniques with the aim of advocating for better supports and systems. My overall aim is to bring about a change, in particular around three goals. These goals are inclusive of Social Policy review, multi-agency approach and trans-disciplinary delivery, funding request from the State Government in particular Families and Communities Services (FACs) and Mental Health in order to work with families in a person [spelling error] cent[e]red, strength based manner to ensure sustainable results. I incorporate Jansson’s steps of, diagnosing the context to identify contextual constraints and opportunities, softening the context to make it more amenable to a specific policy initiative and lastly activating change to get a decision maker or legislator to put an issue on the agenda of the other decision makers in the agency, community or legislative setting. (Jansson, 2003, pp. 148-165). Diagnosing Context What is Hoarding and Squalor In May 2013, for...

Words: 3657 - Pages: 15

Free Essay

Term Paper for Contempo

...SAYON, MA. KATRINA C. CONTEMPORARY LITEARATURE AB-LITERARURE 3A(eve) THE GIRL WITH THE DRAGON TATTOO STEIG LARSSON THE GIRL WITH THE DRAGON TATTOO is a crime novel by the Swedish author and journalist Stieg Larsson (1954-2004) which, when published posthumously in 2005, became a best-seller in Europe and the United States. Murder mystery, family saga, love story, and financial intrigue combine into this novel. It is the first book of the Millennium series (best-selling and award-winning Swedish crime novels). Stieg Larsson, born in 1954, was a journalist. He was the editor-in-chief of the magazine Expo from 1999, and had previously worked at a major agency for many years. He was one of the world’s leading experts on anti-democratic, right-wing extremist and Nazi organizations, and was often consulted on that account. He died suddenly and unexpectedly in November 2004, soon after delivering the manuscripts for three crime novels to his Swedish publisher. These novels make up the Millennium Trilogy, which has gone on to sell more than three million copies in Sweden alone. Tragically, Larsson did not live to see the worldwide phenomenon his work has become. CHARACTERS Mikael Blomkvist - A journalist, publisher of the political magazine Millennium, and the protagonist of the novel. Ethical, earnest, and a little naïve, Blomkvist accepts a freelance job to solve the mystery of Harriet...

Words: 1328 - Pages: 6

Premium Essay

Acreditation Task

...Community Hospital A sentinel event in the hospital is an unexpected occurrence that involves or poses a high risk for death, serious physical injury or severe psychological damage (Joint Commission, 2013). Incidences that lead to adverse outcomes necessitate immediate attention and plans of actions to prevent recurrences. The Joint Commission, a non-profit certifying body for healthcare organizations, sets safety and quality standards for hospitals. It requires hospitals to conduct root cause analyses (RCA), implement processes to reduce risks of recurrence and evaluate the effectiveness of those processes for sentinel events (Joint Commission, 2013). Nightingale Community Hospital (NCH) had a child abduction sentinel event. The legal guardianship of a child who had surgery was not communicated to various departments of the hospital. The parents of the child were divorced and the mother had legal custody. The child was discharged home with her father. Fortunately, law enforcement located the child at her father’s home and no charges were filed. National statistics show that 9% of missing children are abducted by family members and 3% are kidnapped by non-family members (Polly Klass Foundation, n.d.). Less than 1% of abducted children are victims of homicide, physical abuse and/or sexual assault (Polly Klass Foundation, n.d.). Although these percentages are very low, the impact is great! This means a child who is abducted from the hospital still has a small chance of getting...

Words: 3713 - Pages: 15

Premium Essay

Guide to Legal

...CAREER GUIDE TO THE LEGAL PROFESSION INDEX Page 1 THE ADMINISTRATION OF JUSTICE IN SOUTH AFRICA.......................2 2 THE LEGAL PROFESSION ...............................................................................5 3 THE ATTORNEYS’ PROFESSION...................................................................7 4 ADMISSION OF ATTORNEYS / SOLICITORS FROM OTHER COUNTRIES ...........................................................................15 5 THE ADVOCATES' PROFESSION .................................................................19 6 THE LEGAL ADVISER ....................................................................................21 7 CAREERS OFFERED BY THE DEPARTMENT OF JUSTICE ...................22 8. ANNEXURE ‘A’ ................................................................................................29 1. THE ADMINISTRATION OF JUSTICE IN SOUTH AFRICA The legal administration, i.e. those persons and institutions involved in the application and execution of the law and the judgments of the Court, is no less essential to the administration of justice than is the law, and is as much part of our legal heritage as the law itself.1 The legal administration in South Africa is comprised of: 1.1. The Courts: i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) xii) xiii) xiv) Constitutional Court; Supreme Court of Appeal; High Court; Labour Appeal Court; Labour Court; Land Claims Court; Special...

Words: 5872 - Pages: 24

Premium Essay

The Romans

...is expected to play an active role in governing the state. The Roman concept of the citizen evolved during the Roman Republic and changed significantly during the later Roman Empire. After the Romans freed themselves from the Etruscans, they established a republic, and all males over 15 who were descended from the original tribes of Rome became citizens. Citizens of Rome distinguished themselves from slaves and other noncitizens by wearing a toga, most of them white. During the Empire, each emperor wore a purple toga to distinguish himself as the princeps, or “first citizen” Citizenship varied greatly. The full citizen could vote, marry freeborn persons, and practice commerce. Some citizens were not allowed to vote or hold public office, but maintained the other rights. A third type of citizen could vote and practice commerce, but could not hold office or marry freeborn women. In the late Republic, male slaves who were granted their freedom could become full citizens. Around 90 B.C.E., non-Roman allies of the Republic gained the rights of citizenship, and by 212 C.E., under the Edict of Caracalla, all free people of the Roman Empire could become citizens. The aristocracy (wealthy class) dominated the early Roman Republic. In Roman society, the aristocrats were known as patricians. The highest positions in the government were held by two consuls, or leaders, who ruled the Roman Republic. A senate composed of patricians elected these consuls. At this time, lower-class citizens...

Words: 722 - Pages: 3

Premium Essay

Sharna And Ginty Case Summary

...(Re T Adult: Refusal of Treatment). Beneficence – Is acting in the best interest of the patient, even though Sharna RN believes that treatment could prolong Ginty’s life. Ginty’s best interest to withdraw her treatment should be respected. Sharna and the medical team are obligated to respect Ginty’s right to make her own decision regarding discontinuing her treatment which may be causing her more harm than a good. Non-Maleficence – The duty to do no harm and to protect others from harm. It also means doing minimal harm to reach a beneficial outcome. Sharna and the medical team must respect Ginty’s request to stop treatment even though treatment could be considered more harm than good. It is important for the treating team to act in a way to deliver Ginty health care which is within the limits of the Code of Ethics and Conduct. Furthermore, it is within Sharna’s...

Words: 1628 - Pages: 7

Premium Essay

Search Strategies for Psycinfo

...1.Search Strategies are important in narrowing down your field, and to determine that you get the correct search parameters that you are looking for. There are numerous strategies that can be used to research literature online using the PsycINFO database. The best way to start a search is to determine the specific research questions in order to guide the search, using key terms and parameters. It is also important to determine all synonyms, alternate terminology and any word variations to narrow your search. The use of Boolear Operations such as the words; “and”, “or” will change the search results. Using the word “and” between each search term will give results that contain all the search terms, where using the word “or” between search terms will give results that contain at least one of the search terms. Focusing your search using limiters such as the document type, methodology, publication type and year are helpful search strategies to use in conjunction with the afore mentioned strategies. Using a variety of search strategies is important to limit your search to make it as efficient and effective as possible. When I first started the basic search I used the words pet ownership, beneficial, and health. The search options I used were to find any of my search terms, publication year 2005-2015, and English. This search generated 572 116 results. There were too many results to determine the relevance of these search results. I then used a basic search again using all the...

Words: 4050 - Pages: 17

Free Essay

Inter Country Adoption India

...Case Study Inter-country adoption (ICA) is a practice that has gained popularity over the years, and there is every reason to believe this trend will continue. For couples (or individuals) whose country of residence has few healthy babies available for adoption, going outside the country for a child is a desirable option. It is also desirable from the perspective of the child, who usually comes from a country with more available children than potential adoptive parents. Right away, these seem to be two very compelling reasons to support the idea of inter-country adoption, and work toward its best model. The purpose of this paper is to give an overview of inter-country adoption using India as a case study. The paper will give a brief background of ICA and the main problems it both addresses and raises, then look at the case of India in particular, and, finally, provide some directions for policy and further research. Background on ICA ICA began in earnest as a response by North American countries to the post-WWII devastation. At that point, it was a humanitarian reaction to the needs of the newly-orphaned children in Europe. Since that time, ICA has shifted its focus to become a means for individuals in the developed world to have children. In most Western nations, the number of healthy infants available for adoption has been steadily decreasing, due to a number of social and economic factors including widespread use of birth control, an increased number of abortions...

Words: 11072 - Pages: 45

Premium Essay

Lgbt Adoption

...because of N.J.S.A. 9:3-43 (Onelce, 2012). In “Re-adoption of Two Children” by H.N.R., 666 A.2d 535 (Onelce, 2012) addresses second parent adoption; this statute exercises the possibility for an individual to petition for shared rights of custody with a parent who already possesses legal parental custody of a child. Several states prohibit joint adoption due to unmarried status. This statute is favorable for unmarried parents seeking to adopt in New Jersey. This New Jersey statute provides for an overall tolerant atmosphere for LGBT individuals and couples looking to adopt or become foster parents. In summary, laws and policies regarding same-sex adoption vary from state to state.  Forms of Adoption The three common forms of adoptive guardianship are individual (single) parent adoption, joint adoption, and second parent adoption (Adoption, foster care agencies and state law, n.d.). The most traditional type of adoptive parents is the single parent adoption. This is where an...

Words: 3067 - Pages: 13

Premium Essay

Ethics

...Ethical Dilemma The patient clearly in pain after receiving naturopathic treatment could raise the issues relative to non-malfeasance and beneficence. The initial reaction of the patient upon receiving the treatment could raise the question of the benefits the patient could gain from the treatment. Though pain could be an immediate natural reaction to the treatment, the potential harm of the received treatment to the patient would raise a high concern. Furthermore, the naturopathic physician daughter surrogate guardian surely has rights to practice her profession. Some conflict could be seen concerning the rights, privileges, and liability in the medical care of the patient. Furthermore, with the daughter getting involved in the medical treatment of the patient, the issue of the patient’s autonomy becomes questionable. The issues put the medical team into an ethical dilemma. The Issues The standards of medical care practice include providing treatment that can ease the pain and enhance the comfort of the patient. The pain observed on the patient as naturopathic treatment is administered can bring into a suspicion of potential harm to the patient that can question the non-malfeasance of the treatment. The treatment could be suspected...

Words: 1679 - Pages: 7

Premium Essay

Explain How and Why Person Centred Values Must Influence All Aspects of Health and Social Care Work.

...by law requirements in regards to the Human Rights Act 1998, Health and Social Care Act 2012, along with Codes of Practice for Social Care Workers, health and social care should be based on person centred values. In the interest of individuals who are receiving care, it enables them to be treated with respect and dignity, involving their own needs beliefs and identities, as well as to be supported to remain independent as much as possible. Person centred values also involve individuals to be supported to access their rights, as well as providing anti-discrimination practices together with promoting equal opportunities for individuals, and presenting choices and safety. Ultimately, it is all about diverse people who are involved in health and social care work, so therefore, the values that influences care must be person centred. 1.2 Evaluate the use of care plans in applying person centred values. For information regarding individuals such as patients/service users, a care plan otherwise known as a support plan is used as a vital source of document. Individuals who generally have a long-term condition require a care plan as it is an agreement involving themselves and their health care professionals. The document enables the health of an individual to be managed daily, involving what care they require as well as how it will be supported. To conclude, the use of care plans when delivering person centred values demonstrates what an individual wants to gain and works along with...

Words: 2120 - Pages: 9

Premium Essay

Critical Issues In Islam

...to grips with its changing centres. The religious centres define the heartland: Saudi Arabia maintains its guardianship of the shrines at Mecca and Medina, and the conduct of the hajj, against the claims of Shii Iran, the Shii tradition, and other sects disillusioned with Saudi Arabia's credentials within the ummah. Saudi Arabia enjoys much of its strength to repudiate other claims because it...

Words: 1582 - Pages: 7

Premium Essay

Drug Addicted Mothers ~ Should They Lose All Parental Rights

...concerned or feel that they should be given the chance to redeem themselves & stay as parents. While there are some protections in place, mostly through Social Services & Child Protective Services, there is nowhere near the staff or funds needed to help all children. Alternate safe & caring housing is a major concern when considering removing any children; this issue plays a big factor in whether children may be left with a parent longer than may be beneficial for them. Another large problem to be addressed, before one can intelligently comment or act on this subject is the legal rights, or lack thereof, for all involved. Children, for the longest time, really had no rights of their own as a person. It was believed that the children would best be served by staying with their biological parents, in spite of their shortcomings; fortunately that mindset has been replaced somewhat. The first REAL rights for children, other than labor & education type laws, was brought into play, by the Office of the United Nations High...

Words: 1700 - Pages: 7

Free Essay

Lake Dziengel

...Journal of Gay & Lesbian Social Services, 22:165–182, 2010 Copyright © Taylor & Francis Group, LLC ISSN: 1053-8720 print / 1540-4056 online DOI: 10.1080/10538720903332578 Advocacy Coalitions and Punctuated Equilibrium in the Same-Sex Marriage Debate: Learning from Pro-LGBT Policy Changes in Minneapolis and Minnesota LAKE DZIENGEL St. Cloud State University, St. Cloud, Minnesota Policy change to actualize same-sex marriage requires planning and practices that can be most effective to advance marriage equality. This case study examines how building and maintaining strong coalitions aided in attainment and preservation of civil rights and protections for same-sex couples in Minnesota. As a historical policy analysis, it dissects collaborative strategies and events that led to a municipal domestic partner ordinance and state civil rights protections for sexual minorities in Minnesota during 1983–1995. Viewed through the lens of Advocacy Coalition Framework and Punctuated Equilibrium theory, findings support and highlight the importance of strategic planning of developing capable leaders, building strong coalitions, and capitalizing on events to garner public support and advance public policy toward civil rights protections and legal recognition for same-sex couples. KEYWORDS advocacy coalitions, punctuated equilibrium, policy, lesbian, gay, domestic partner benefits INTRODUCTION The city of Minneapolis, Minnesota, a large urban community, passed a Domestic Partner Ordinance...

Words: 7472 - Pages: 30