Complaint # 10.16

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Re:       Alberta College of Social Workers

            Member: Ms Jacqueline Swoboda       

            ACSW Complaint No. 10.16

 

Hearing Tribunal October 14, 2010:

 

Admission of Unprofessional Conduct

 

As per section 70(1) of the Health Professions Act, Ms Swoboda submitted a written admission of unprofessional conduct to ACSW Hearings Director. A Consent Order/Agreed Statement of Facts was presented to the Hearing Tribunal on October 14, 2010.

 

The Admission by Ms Swoboda presented under Section 70 (1) and as outlined in the Consent Order/Agreed to Statement of Facts is 'Accepted in whole' by this Hearing Tribunal.

 

Hearing Tribunal Decision:

 

As per section 80(1) of the Health Professions Act the hearing tribunal may decide that the conduct of an investigated person does or does not constitute unprofessional conduct.

 

Agreed Findings:

 

  1. Violation of Professional Boundaries:

 

That you failed to recognize and maintain appropriate professional boundaries with your client.

 

Ms Jacqueline Swoboda's conduct contravenes the following sections of the ACSW Standards of Practice: Sections 14,105,117,123,124,125,126, and  132.

Ms Jacqueline Swoboda's conduct contravenes the following sections of the Code of Ethics: Section 4.

 

Findings of Hearing Tribunal: Does constitute unprofessional conduct 80(1)  HPA.

 

2. Failure to be Candid:

 

Ms Jacqueline Swoboda's conduct contravenes the following sections of the ACSW Standards of Practice: Sections 9,134 and 155.

Ms Jacqueline Swoboda's conduct contravenes the following sections of the Code of Ethics: Section 4.

 

Findings of Hearing Tribunal: Does constitute unprofessional conduct 80(1)  HPA.

 

3. Inappropriate Behavior:

 

Ms Jacqueline Swoboda's conduct contravenes the following sections of the ACSW Standards of Practice: Sections 116.

Ms Jacqueline Swoboda's conduct contravenes the following sections of the Code of Ethics: Section 4.

 

Findings of Hearing Tribunal: Does constitute unprofessional conduct 80(1)  HPA.

 

Orders of Tribunal section 82 (1) Health Professions Act:

 

The Hearing Tribunal orders that the appropriate sanctions in the circumstances of this matter are as follows:

 

1. A Reprimand shall issue as against Ms Swoboda.

2. Ms Swoboda's permit to practice social work shall be suspended for a period of one (1) year commencing April 19, 2010.

3. Upon resumption of the practice of social work Ms. Swoboda's social work practice shall be subject to supervision for a period of two (2) years, the costs of which will be borne by Ms. Swoboda. The supervisor shall be agreed upon by Ms. Swoboda and the ACSW and the ACSW shall be entitled to such reporting from the supervisor as the ACSW deems necessary from time to time.

4. Ms. Swoboda shall, prior to the commencement of the practice of social work, attend a wellness examination, with a health professional approved by the ACSW of which the outcome will be a 'Fitness to work evaluation'. The cost of this examination shall be the responsibility of Ms. Swoboda. The ACSW shall be entitled to disclosure from the health professional with respect to the examination. Ms. Swoboda shall be obliged to complete any recommended course of action resulting from this examination.

5. In addition to the above supervision, Ms. Swoboda shall be obliged to undertake consultation with an individual with expertise in professional ethics and boundaries, as approved by the ACSW. There shall be a minimum of six (6) consultations within six (6) months of the date of this Order. The cost of these consultations will be the responsibility of Ms. Swoboda. The ACSW shall be entitled to any such reporting as it deems necessary from time to time.

6. Ms . Swoboda shll be required to review the ACSW Code of Ethics and Standards of Practice and within 60 days of the date of this Order, provide a summary report to the ACSW with respect to this review.

7. Ms. Swoboda shall pay the costs of this matter in the sum of One Thousand Dollars ($1000.00) within 18 months of this Order.

8. The contents of this Consent Order shall be published on a "with names" basis on the ACSW website.

 

 

In closing the Tribunal acknowledges that Ms. Swoboda is a recent graduate and that there is no history of discipline. In addition, the Tribunal acknowledges Ms. Swododa's statements of accepting accountability for her actions, her statements of insight into herself and practice decisions and her statements of commitment to understand and adhere to the Social Work Standards of Practice and Code of Ethics in her future practice of a social worker.

 

Respectfully

Hearing Tribunal

 


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