Human service workers have an important role in ensuring that the needs of the client are met. Their work focuses on the prevention and remedy of problems that enhances a better and happier life for their customers. The human service workers work for different clients, in a myriad of ways, at various stages in their lives. The profession requires dedication, flexibility, and selflessness for one to succeed. There is a multitude of ethical considerations that come with this job. Therefore, ethical dilemmas are part and parcel of working as a human service worker. The discussion will rebut Justice Scalia's concern regarding the competencies associated with human service workers and the value the profession provides to the criminal justice system.
The ruling in the Supreme Court significantly undermined the importance of the social worker. Social workers have many responsibilities in many areas of the human life other than mental health treatment. The Jaffe v. Redmond case was a typical example where the Supreme Court through the judges failed to credit the importance of social workers as a profession. The judge queried the qualifications of a social worker concerning counselling and even went ahead to liken their job to that of a rabbi, church minister, a family member, or a friend. However, in the real sense, social workers have many skills that range from counselling to improving their client's life through various skills and knowledge as asserted by Harkness (2011). They are important especially in taking a client through the rehabilitation process whereby mental health treatment is undertaken.
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The court also held that the training of the human service worker could not be compared to that of other professionals in expert fields such as psychiatrists, psychologists, and medical doctors. The judge was also ignorant to the fact that human service workers are extensively trained in psychotherapy. The only difference is that psychiatrist and psychologists have an edge due to the extensive training they undergo.
Considering Justice Scalia's Dissent in the case,'' should there be a social worker client privilege with regard to psychotherapy counselling?' (Jaffe V. Redmond, 1996). The role of a human service worker is to help their clients live a good life. The social workers have a privilege of possessing knowledge concerning their client’s past, present, and future goals. Also, these social workers have the knowledge of the client's childhood at their disposal including the events that have led to them seeking assistance from the human service workers. Therefore, the answer to Justice Scalia's dissent is yes; there should be a social worker-client privilege in psychotherapeutic counselling.
In her argument, Judge Scalia argued that psychotherapy did not work. She further asserted that even if the therapy given by social workers was of benefit to the mental wellness, why was it that psychotherapist-client conversation protected while other forms of conversion such as with a bartender are not? Such an argument had significant flaws because a social worker's conversation to a client is professional and as such cannot be compared to any other form of conversation in the corporate world. As a human service worker, they have immense knowledge on the needs, strengths, fears weaknesses, and ambitions of the clients. The social workers are therefore accountable to the ethical codes that guide the right and privacy of their clients.
In conclusion, Justice Scalia said that the psychotherapist-patient privilege was a statutory law that only applies as a state legislature. She added that federal courts do not have the obligation of creating it judicially but can only wait for its legislation at the Congress. However, it is vital o appreciate that the role of human service workers was greatly undermined by the ruling which failed to appreciate their impact on client recovery.
Reference
Harkness, D. (2011). The diagnosis of mental disorders in clinical social work: a review of standards of care. Clinical social work journal , 39 (3), 223-231.
