Current Social Worker Law in the USA - Research Paper Example

Current Social Worker Law A. Introduction: Under the provisions of 45, Section 46, sub sections 46.401 to 46.409, the law envisages “additional protection for children involved as subjects in research.” (Protection of human subjects, 2009, para.4). This law assumes importance since children are quite young and have not reached a legal age by which they could possibly allow their consent to treatment or procedures involved in research. Therefore it is necessary to protect their interests and safeguard their health and welfare that are necessary and significant. It is necessary to seek the children’s or their parents’/guardians’ permission and consent before allowing them to participate in research. Abstinence from saying anything cannot be construed as permission for participating in research. Therefore, it becomes necessary for valid and categorical consent. So, under Title 45, Section 46. 402; it is believed that for the purpose of this section, “Guardian means an individual who is authorized under applicable State or local law to consent on behalf of a child to general medical care.” (Public welfare, 2010, para.6). B. What reliable resources are available to learn about the implication of this law? The main implications of this law are that children should not be forcibly made focused in research studies without their knowledge or consent. Since most young people themselves are not aware of the complexities and rigors of research studies, the consent of their parents/guardians are needed before their services. They are utilized for research studies of any kind. It is believed that the Heath and Human Services must approve and /or provide funds for research which are inline with the recommendations and directives of the Institutional Review Board (IRB) and also complies with the provisions found in Title 45, Section 46; Subsections 409. It is believed that the consistent and robust resources that are available are in terms of IRB approval for determination of IRB that research has been reviewed and may be carried out at an institution according to the directives and policies of the IRB as the governing body, whose instructions need to be carried out. Besides, it is the IRB that must assume major responsibility for ensuring the enforcement of rights and privileges available to children under various sub provisions of Title 45, Section 46. C. What is the purpose or rationale of the law? It is often legally viewed that children are a vulnerable segment who could be used by unscrupulous individuals or institutions for furthering scientific or technical research or other streams of unwary and naïve children without seeking their permission or the consent of their parents/guardians are required by law. Thus, there have been instances where the health, safety and welfare aspects of children have been compromised for the sake of research. Such kind of research could pose as major detriments or barriers to their educational pursuits and /or their future. Under such circumstances, the government seeks to vigorously pursue a policy under which these risks could be stalled or even pre-empted over a period of time through the enforcement of robust laws; directed, not only to address issues of endangering the lives and health of young children but also to safeguard their future. In real times, therefore, the rationale of this law is to properly follow and adhere to rules and regulatory regimes enunciated by the IRB, under the aegis of the HHS which makes no compromises or arrangements, in so far as the health and welfare interests of young children are concerted. Moreover, there are concerns that research conducted on children could pose as future risks to their education. Since a lot of time would be spent on such research on a regular basis, it could impact upon their studies and advancement of pursuit of knowledge. D. How will the law affect day-to-day operations within human service organizations? The main factor is that human service organizations have the service to clients as their primary and core objective. Therefore, all efforts and activities are centered on clients and customers, big or small, near or distant, regular or non iterant, etc. In simple terms, the top management of HSO needs to integrate their client servicing with the laws of land. They need to ensure that they do not get into the wrong side of the law or incur the wrath of the government or public authorities. Besides, there are also instances of how the law could indirectly interfere with the day to day operations of HSO. There are legal norms and regulations regarding employment of young people in establishments. This could affect day-to-day operations within human service organization. But, this may be a form of voluntary social or service oriented organization. Coming to the fact of employing young children in social environments or organizations; there are real fears of not keeping the proper regulatory norms that could pose serious threats to the due process of such studies and the ethical and moral implications that underpin such research. E. What are the arguments for or against the law? The arguments for the law could be that the health, safety and welfare interests of minors need to be preserved. It could also be that the kind of research for which children are made suitable needs to be approved. If needed, they are sponsored by a government agency like IRB that set forth the rules, regulatory regime and modus operandi of conducting the research with least effect on its young participants. There are also aspects of whether the conducted research do not involve more than “minimal risks”, and even in the event it does, the benefits far outreach the risks. (Office for human research protections (OHRP): Special protections for children as research subjects, 2008, para.8). Even if the research involves more than “minimal risks” and even if benefits do not surpass it, the research does seem to consider that there could be accretions to knowledge and wisdom to the participants. (Office for human research protections (OHRP): Special protections for children as research subjects, 2008, para.8). Thus, from the point of view of the law; the research could be allowed if it were to be for a common benefit and the results of which justify the efforts and risks of using young people for its conduct and procedures. On the negative side, the law would tend to act as an active deterrent and inhibitor for genuine research studies. It would be directly or indirectly interfering with the research process as such. Besides, there are also real fears that the social organizations could not achieve their targeted goals and objectives. The regulatory regime under which it needs to operate under the control, direction and superintendence of the IRB is given. Besides, the regulatory climate under which the research studies are carried out could also vitiate the final results. Perhaps, the questioning are very rationale and justification of such research studies. F. What is the potential ramifications to clients and the organization if the law is not followed? The potential ramifications are those that could invite disciplinary and legal action in terms of fines, penalties or even legal proceedings for apparent and ostensible violation of laws. This could also be evidenced in terms of regulatory action on the part of the concerned authorities that could potentially constrict or even debar such research studies in the future. This would of course depend upon the kind of perspective that the authorities take and the credibility of the system that is in vogue in these scenarios and settings. G. Conclusions and Recommendations: It is firmly believed that, there needs to be a broader based and progressive minded stance on the laws; regarding additional protection for the children involved as subject in research. While the ethical and moral grounds for such involvement of children in research is indeed valid; there needs to be a more reinforcement of laws that could consider such research, especially in cases where it is mandatory that children be used, for instance in case of case studies on products used by children and also issues and aspects that directly affect children thereby involving them in research. The underlying aims and objectives are also important as it is the need to gain more advanced knowledge on them. Reference List Office for human research protections (OHRP): Special protections for children as research subjects. (2008). Health & Human Services. Retrieved May 31, 2010, from http://www.hhs.gov/ohrp/children/ Protection of human subjects. (2009). Health & Human Services. Retrieved May 31, 2010, from http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.htm#46.401 Public welfare. (2010). GPO Access. Retrieved May 31, 2010, from http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=1b0da557e5595c7f37b69adc85ba7114;rgn=div8;view=text;node=45%3A1.0.1.1.25.4.1.2;idno=45;cc=ecfr Read More