Na’nizhoozhi Center Inc.              HBS  Policy

 

Dept: HBS                                                                               Effective Date:______

Category: Program Structure and Staffing                                  Supersedes: ______

                                                                                                Approval:____________

                                                                                                                                                                                                Concurred:___________ 

Subject:  Code of Behavior and Ethics

 

Purpose:  Safety and Effectiveness of Counselor and Client-Relative

 

Policy:   Professional ethics can not always be regulated or written down in formal policy. Not all ethical requirements are listed below. If you have questions, concerns, or doubts about any activity ask for help. These guidelines are designed for your protection.  

The following rules apply to all NCI Counselor's. NCI counselors are expected to perform at a high level. If a Counselor finds himself/herself being tempted into a difficult situation he or she must immediately notify their immediate supervisor (the Clinical Director). Unless a violation has already occurred, or unless the situation requires additional help, full confidentially will be maintained (if at all possible). Employment assistance is available free of charge at Alliance Health Care. Violation of the following principles may be grounds for immediate termination if the request for help does not occur before the event surfaces.  

NCI Counselor's work both "in a glass house" under public scrutiny and in the "dark" world. Personal protection for themselves, NCI, and their clients is an absolute priority. NCI counselors must stick together, help each other, and know when to ask for help or guidance.      

  1. Job performance; 

The primary responsibility of NCI counselors is first, and foremost, the care of his/her clients. Group activities always take priority over individual sessions with rare exceptions. If a Counselor can not manage his or her group because of other duties, then ask for assistance. NCI clients are always a priority. 

  2. Personal Behavior;  

Sleeping on duty, poor attitudes, excessive fatigue, inappropriate extended moods, projecting anger on clients, verbal and physical abuse, mis-representing-deceiving-not being honest, and client neglect are grounds for termination.

To prevent impaired performance, counselors have a obligation to obtain assistance for their personal problems at an early stage. Counselors must determine at an early stage whether they should limit, suspend, or terminate their work related duties. It is the responsibility of the counselor to determine when their job performance is suffering.

3.  Work Boundaries: 

Professional contact with Clients is only allow between normal duty hours. After hour contact/ help is not allowed. All special situations with clients must be cleared with the Clinical Director in writing before they happen. An NCI client is defined as anyone who has been at NCI for a 5 day hold within the past one year.      

4.  Social and Dual Relationships: 

Inappropriate social relationships with Clients are not allowed. This restriction does not refer to the normal respect of a Ke' relationship. When contact happens unintentionally, the Counselor must minimize the contact as much as possible and notify the Clinical Director. Contact with blood-relatives who are also NCI clients are permitted but the Clinical Director must be informed of this situation.

Counselors must refrain from entering into a personal, scientific, professional, or financial relationship with a client because such a relationship might eventually impair the counselor's objectivity and the therapeutic value of their relationship.

5.  Previous relationship with clients: 

Counselors are required to notify their Clinical Director if a family relative comes into NCI. All client services will be assigned another Counselor. Special requests, if any, to these relatives must be approved by the Clinical Director. 

6. Street contact with Clients: 

Minimize all street contact without being impolite. Extended street contact is against NCI policy. Giving money, giving food, or giving transportation to Clients while they are intoxicated is against NCI policy. If a situation does occur and you felt it was the right thing to do, notify the Clinical Director.

7. Romantic/sexual relationships with Clients: 

No romantic or sexual relations (or any implication of them) are allowed with NCI clients or ex-clients. If such events occur, the Counselor is expected to immediately resign. An NCI client is defined as anyone who has been at NCI for a 5 day hold within the past one year.

8. Romantic/sexual relationships with NCI employees: 

Counselors are not allowed to exhibit any romantic or sexual relationship with a fellow employees while on duty. In addition, no sexual or romantic relationships are allowed with interns, volunteers, or guests.

Counselors do not exploit  persons over whom they have supervisory, evaluative, or other authority such as students, interns, supervisees, employees, clients, and volunteers.

Such relationships are likely to impair judgment, interfere with performance, or become  exploitative.

9. Physical contact, sexual implication, or sexual harassment:

Contact which can be construed as a physical relationship is not allowed. NCI abides by all government laws and policies against sexual harassment. Sexual harassment is defined as any real or implied sexual suggestion, joke, or action against another person's wishes.    

10.  Sexual Harassment Safeguards:  

Safe guard protocols include: (1) Male – female counseling must be done in open space area, or have an observer-witness; (2) Male –female transport must have a witness-observer; (3) all sexual approaches or implications must be immediately reported to supervisor.   

11. Money: 

Counselors are not allowed to give, loan, or borrow money from Clients. Small exchanges for special work projects is sometimes acceptable (such a treats). Clients can not be given commercial jobs or projects outside of NCI without notification of the Vocational Supervisor and Clinical Director.

12.  Bribes, gifts, or favors: 

Counselors may not receive bribes, significant gifts, or significant favors. Significant items are defined as items which have commercial value of more than $5. Because Native American traditions encourage gift giving, small items such as non-commercial drawings or crafts are acceptable on occasion as long as the Vocational Supervisor is notified.  All significant commercially valuable gifts become the property of NCI unless written permission is granted by the Executive Director.

13. Transportation of Clients: 

On-duty counselors are not allowed to transport Clients without the Clinical Director's special permission. Transportation of clients in the counselor's private vehicle is not covered by NCI insurance. Transportation of Clients in the counselor's own POV is not part of their job description.

14.  Alcohol and Drugs: 

The use of alcohol or recreational drugs while on duty, while conducting official business for NCI, and while at NCI sponsored activities is not allowed. Offenders will be immediately terminated.

Off-duty Counselors who act inappropriate while under the influence of alcohol/drugs in public do not represent the leadership qualities of an NCI counselor.

Counselors who are accused of inappropriate behavior in public will be privately questioned and given an opportunity to respond.  They may asked to go to counseling or rehabilitation before their full client responsibilities resume, or they may be terminated. Any counselor cited, arrested, retained, charged, or taken into protective custody for alcohol intoxication or drug usage will be immediately suspended until an investigation is conducted. In most circumstances, outside complaints will not be accepted anonymously.

Because of their special status and personal/philosophical agreement, NCI Traditional Counselors are not allowed to use alcohol at  anytime. Failure to comply with this policy of total-abstinence will result in withdrawal of their traditional status. 

A drug or breath test can be given at any time. A random test can be conducted on all counselors on a weekly basis. All counselors must comply to these tests immediately or be assumed to have a BAC level. Interferent readings will be rechecked within 20 minutes.

15. NAC and Peyote: 

The on-duty medicinal use of peyote at NCI is not allowed. Counselors are not allowed to work at NCI duties for at least 8 hours after an off-duty morning NAC feast.

16. Religious tolerance and freedom: 

NCI promotes the healthy use of all spiritual activity. Counselors must publicly honor and encourage all religious traditions and beliefs. Counselors can not attempt to persuade or force any religious/spiritual participation. Counselors can not force any client to participate in any spiritual or cultural activity. Alternatives must always be provided. Accommodation must also be made during religious activities for non-religious Clients.

17. Languages: 

NCI encourages the use of Native American and Spanish languages. When these languages are used, it is also important to make sure everyone present understands. If English-only clients are present, some significant degree of translation is usually required. If translation is not possible, some accommodation must be made for the English-only speakers.      

18. Confidentiality: 

No Client information (or privileged information about Counselors,  NCI employees, or events occurring at NCI ) can be given out or discussed to outside Agencies, employees, friends, public, or the Press. In some special cases, however, when a client-relative’s life or health is at great risk (and the client-relative is not capable of making rational decisions, or is not available) “need to know” information can be shared with another Agency or “Authority“ without a “release of information.” Sharing information with authorities (Police, Courts, PO)  involves discretion – generally public safety is the top priority but be careful to only share only the most basic information so authorities can do their job. State and Federal guidelines must still be followed. 

19. Duty to Warn:  

If a client-relative threatens another person it is the duty of the counselor to warn thier immediate supervisor, warn the people threatened so they can protect themselves, and warn law enforcement officials.  If elderly or children are involved the NM State Child Protective Services must be immediately notified.  Document every threat, every call, and every detail of the situation.

20. Observation of another Counselor's violation:

If a counselor observes a significant ethical or legal violation by another counselor without reporting it to the Clinical Director that observer may also be guilty of wrong-doing or client abuse. A “significant violation” refers to any form of client abuse or something which might be construed as client abuse. In some minor cases the observing counselor may be able to correct the situation with a verbal caution and discussion with the offender. In significant cases, however, (or in cases which continue to happen) the observing counselor must protect him/herself by notifying the Clinical Director.  

21. Double Dipping: 

Counselors are not allowed to receive any form of additional payment, donation, or services while on duty as an NCI employee. All such payments must be immediately given to the NCI Support Services Director.

22. Consulting or Other Commercial Services: 

Charging commercial fees to NCI clients can easily be considered an exploitation of clients by people outside our facility. Counselors are not allowed to provide any form of commercial services to NCI clients either while on or off duty. Commercial services are defined as any service for a fee, gift exchange, or service exchange with the exception of spiritual, sacred, or religious services.  Notify the Clinical Director for an written exemption if a special situation occurs. Consulting fees and services are allowed by off-duty counselors as long as the client has not been at NCI within one year.

23. Consulting Services for Cultural, Spiritual, and Religious Practices: 

Although traditional practitioners or counselors are allowed to follow the guidelines of their own tradition, great care must be taken when providing these services to NCI clients.  In an attempt to avoid accusations of NCI client exploitation, any soliciting, advertising, or any invitations made to NCI clients to attend practices (where a significant fee is charged) by off-duty NCI counselors is not appropriate unless written permission is given by the Clinical Director. In some emergency situations, such practices may be appropriate, or unavoidable. To avoid these problems of dual relationship conflicts, report any emergency situations where a fee or exchange is made of over $10 value.  

24. Cubical Protocol: 

Male counselors must be accompanied by an assistant when entering the woman's cubicles. They must shout "man on the floor" or something similar when entering the cubicles. Women counselors also must be cautious and accompanied when entering the men's areas.

25. Lunch and rest breaks: 

30 minutes daily for lunch is automatically deducted from each paycheck. Counselor's requiring a longer lunch break must log themselves out. Two 15 minutes breaks are allowed throughout the day at a reasonably quiet time (the counselors must show discretion here). Counselors are expected to be actively at work during all other times.

Eating breakfast is not allowed after 8:00 AM. Counselors are not allowed to eat breakfast while on the clock.

Counselors are only allowed to eat cafeteria lunch/dinner after the sober group of clients are served unless special arrangements have been made.

26. Time at work: 

Counselors are expected to be at their offices between 8:00 and 8:15 to provide direct client services. Daily case-staffing begin promptly at 8:15 and must be attended unless there is a special client emergency.

Professional ethics can not always be regulated or written down in formal policy. Not all ethical requirements are listed below. If you have questions, concerns, or doubts about any activity ask for help. These guidelines are designed for your protection. 

 

Counselor's Agreement to NCI ethics (reference version 2/19/2002)

By signing below, I am stating that I have read, understand, and agree to  all of the ethical principles for NCI counselor's listed above (pages 1-5). My signature below also indicates that I agree to abide by these principles.

 

________________________                       ___________

               signed                                                   date

_______________________          ________________________

           print name                                          Clinical Director