IDAHO BOARD OF SOCIAL WORK EXAMINERS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 12/6/2010

 

BOARD MEMBERS PRESENT: Kristopher L. Walton - Chair

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Christiane E. Magera

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dorothy Ring

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Robert Payne

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Cheryl R. Jurgens

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

BOARD MEMBERS ABSENT:††† Carolyn Burt

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 BUREAU STAFF: †††††††††††††††††††††††† Tana Cory, Bureau Chief

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Dawn Hall, Administrative Support Manager

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Lori Peel, Investigative Unit Manager

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Karl Klein, Administrative Attorney

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Emily Mac Master, Deputy Attorney General

 

OTHERS PRESENT:†††††††††††††††††† Widna Stankewsky

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Starlyn Munson, Applicant

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† James Fries, Applicant†††††††††††††††††††

                            †††††††

The meeting was called to order at 9:00 AM MST by Kristopher L. Walton.

 

 

APPROVAL OF MINUTES

 

The Board reviewed the minutes from the August 2, 2010 meeting. A correction was noted. It was moved by Ms. Ring to approve the August 2, 1010 amended minutes. Seconded by Ms. Magera, motion carried.

 

The Board reviewed the conference call minutes from the November 15, 2010 meeting. It was moved by Mr. Payne to approve the November 15, 2010 minutes. Seconded by Ms. Jurgens, motion carried.

 

LEGISLATIVE REPORT

 

Ms. Cory reported that the proposed rules will be posted in January 2011.

 

FINANCIAL REPORT

 

Ms. Hall presented the financial report to the Board showing a balance of $114,731.62 as of November 30, 2010. The fee increase has helped boost the balance.

 

Mr. Klein discussed with the Board the proper time for a Board member to recuse themself from discussing or voting on disciplinary cases. Members should recuse themselves prim to any discussion or as soon as they realize they may have a conflict.

 

Ms. Peel informed the Board that Jean Uranga is the new Prosecuting Attorney that will be working on disciplinary cases.

 

STIPULATION AND CONSENT ORDERS

 

Ms. Mac Master presented case SWO-2005-16 for review. It was moved by Ms. Jurgens that the Board accept the Stipulation and Consent Order for SWO-2005-6 and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried.

 

Ms. Mac Master presented case SWO-2009-7 for review. Ms. Jurgens recused herself from discussion and voting. It was moved by Ms. Magera that the Board accept the Stipulation and Consent Order for SWO-2009-7. Seconded by Mr. Payne.The motion was amended by Mr. Payne to authorize the Chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried.

 

Ms. Mac Master presented case SWO-2010-10 for review. It was moved by Ms. Jurgens to accept the Stipulation and Consent Order for SWO-2010-10 and authorize the Chair to sign on behalf of the Board. Seconded by Mr. Payne, motion carried.

 

Ms. Mac Master presented case SWO-2010-12 for review. It was moved by Mr. Payne to accept the Stipulation and Consent Order for SWO-2010-12 and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Magera, motion carried.

 

Ms. Mac Master presented case SWO-2010-13 for review. It was moved by Ms. Jurgens to accept the Stipulation and Consent Order for SWO-2010-13 and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Ring, motion carried.

 

INVESTIGATIVE REPORT

 

Ms. Peel presented the investigative report.

 

For Board Determination:

 

I-SWO-2008-5C alleged that R (1) ďslanderedĒ former employees, (2) failed to transfer clients to Cís agency in a proper manner, (3) failed to comply with the NASW Code of Ethics, which had been adopted by Rís agency, and (4) made inappropriate racial comments to clients.Investigation revealed that there have been disputes between Cís agency and Rís agency for the past few years, and some employees at Cís agency are former employees of Rís agency.In 2007 R filed a civil suit against Cís agency and a few employees for violation of a non-compete agreement, and that case was dismissed in May 2008.Also in 2007, R filed a complaint with IBOL against an owner of Cís agency for soliciting clients and co-workers of Rís agency, and after investigation did not reveal evidence to support the allegations, the COU Board closed that case in May 2008.In the current case, while many potential witnesses informed the investigator that they had ďheardĒ of the allegations, most told the investigator that they did not want to get involved.In addition, records from Rís agency show that clients were transferred quickly and appropriately.Finally, there was no evidence presented to support the allegation that R made an inappropriate racial remark to clients.Based on the investigation and the history between the two agencies, IBOL recommends that the Board authorize closure.It was moved by Mr. Payne that the Board authorize closure. Seconded by Ms. Ring, motion carried.

 

I-SWO-2010-3C alleged R acted in an unprofessional manner as the designated examiner for Cís wife, ďJane.ĒInvestigation revealed that Jane had a history of anorexia and alcohol dependence and, after relapsing on alcohol, attempted suicide while C was out of the country. The first DE determined that Jane could be discharged after being stabilized, but after Janeís doctor was informed that Jane told friends she was upset the suicide attempt was not successful, Janeís doctor placed Jane on a hold and requested another DE opinion.Rís supervisor informed the investigator that when C arrived at the hospital C was very worried and upset.R stated that after he performed the second evaluation, C demanded to know what was going on.R stated that the close proximity in which C positioned himself next to R caused R concern.R stated that he stepped back out of armís reach and tried to explain things to C, but C continued to demand to know what was going on.R stated that he has been doing DEs for 23 years and was taken aback by Cís manner, but R does not believe that he acted unprofessionally.Rís supervisor also investigated the complaint and informed the investigator that she did not find that R acted unprofessionally.The supervisor stated that Jane was very upset upon completion of the evaluation, which infuriated C, and C made the statement that he wanted to ďkillĒ R because R upset Jane.The supervisor stated that the DE interviews are not comfortable nor are they designed to treat patients, and oftentimes it is more difficult on the immediate family than it is on the patient.The supervisor stated that this is the first complaint she has received against R, that she believes C had a lot of anger and it was directed toward R, and that she does not believe R said anything inappropriate to C.The investigation did not reveal any evidence to support Cís allegations; therefore, IBOL recommends that the Board authorize closure.It was moved by Ms. Magera that the Board authorize closure. Seconded by Ms. Jurgens, motion carried.

 

I-SWO-2010-48C alleged R failed to get parental consent from C prior to providing counseling to Cís minor child.C also alleged R failed to meet with C to discuss the minor child.Investigation revealed that C has joint legal custody of the minor child with Cís ex-husband, and the ex-husband has primary physical custody.Rís records reflect that during a telephone intake on 3/19/10, Rís Office Manager understood from the minorís father that the father had primary custody.On 4/14/10, C came to the appointment with the minor and requested information.The Office Manager informed C that because the father had custody, a release of information would be required.The Office Manager stated that C explained that she had joint custody.The Officer Manager stated that she then called the father and informed him that Rís office needed a copy of the custody order from him.The Officer Manager stated that C then left and came back with a copy of the Judgment and Decree of Divorce, but refused to share anything but the first page showing that the parties were awarded joint custody.The Office Manager stated that the page did not have a file stamp from the court or the judgeís signature, so no information was shared at that time because custody was unclear.The Office Manager stated that on 4/23/10 the father provided a copy of the Divorce Decree.The Office Manager stated that the minor has not been seen since that date and the office has not had any contact from C.R informed the investigator that on 4/14/10 when she called the minor to come into her office for the appointment, C was sitting with the minor but made no attempt to talk to R either verbally or in writing.R stated that she has had no other contact with C prior to or after that date.IBOL recommends that the Board authorize closure with an advisory letter to R that, when a minor child of divorced parents is the client, she should verify custody arrangements prior to the first appointment. It was moved by Ms. Jurgens that the Board authorize closure with an advisory letter to Respondent. Seconded by Ms. Ring, motion carried.

 

I-SWO-2011-11The ASWB reported irregularities by an applicant (R) during the ASWB Masters social work examination in July 2010.The test center incident report states that while R was on a break a proctor observed that R accessed his locker, removed his backpack and looked at a book.After R completed the exam, the proctor examined Rís backpack and found the Complete Guide to Social Work Masters Exam.While R failed the exam, the ASWB invalidated his score and will not allow R to register for another examination until the Board notifies ASWB in writing of its decision.In a written statement to the investigator, R stated that he had two breaks during the test, and at the second break he went to his locker to get his drink.R stated that he got his bag and flipped through the book but did not stop to read anything.R stated that he decided to go back and finish the test, but someone saw him with the book in his hand and thought he was reading and cheating on the test.R stated that at the end of the test he was told there would be a report, and he did not complain because ďthere was no point in doing so.ĒR stated that he was never told to not take something out of his locker during the exam.(Bureau records show that R has taken the Masters level social work exam four times prior to the July 2010 exam and has failed all attempts.)The supervisor at the testing center, who was one of the proctors of the exam, informed the investigator that R had not signed the examinee agreement that states that R would not access personal belongings during the exam, which must have been an oversight.R did initial the agreement when he signed in and out for breaks.Another proctor informed the investigator that she observed R reading from the book and that he was not just flipping through pages.Because R did not pass the exam, IBOL recommends that the Board authorize closure with the investigation information to be maintained in Rís application file. It was moved by Ms. Jurgens that the Board authorize closure with investigative information maintained in Respondentís application file. Seconded by Ms. Ring, motion carried.

 

FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER

 

Ms. Peel presented the Board case SWO-2011-6 for review. It was moved by Ms. Jurgens that the Board accept the Findings of Fact, Conclusion of Law and Final Order for SWO-2011-6 and authorize the Chair to sign on behalf of the Board. Seconded by Ms. Magera, motion carried.

 

SUPERVISION REPORTS

 

Ms. Peel presented the Board two supervision reports for cases SWO-2008-1 and SWO-2008-8.

 

NATIONAL PRACTITIONER DATA BANK REPORTING

 

Ms. Peel presented the Board information to review on the NPDB-HIPDB for reporting disciplinary cases. The Board discussed if non-compliance of continuing education disciplinary cases should be reported. It was moved by Mr. Payne that the Bureau report non-compliance of continuing education disciplinary cases to the NPDB-HIPDB. Ms. Magera seconded, motion carried. Further discussion was held regarding sending the same information to the Association of Social Work Boards. Ms. Peel said she would follow-up with ASWB on the correct process of reporting information.

 

VERIFING CREDENTIALS

 

Mr. Klein asked the Board for clarification on social workers doing home studies and what information can be provided to the courts to help verify the credentials of social workers providing home studies in adoption processes. It was moved by Mr. Payne to authorize the Board Chair to work with the Bureau and Health and Welfare and review correspondence regarding confirmation of social workers to provide adoption services. Seconded by Ms. Magera, motion carried.

 

EXECUTIVE SESSION

 

It was moved by Ms. Jurgens that the Board enter executive session, under Idaho Code 67-2345(1)(d), to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to consider license application materials. Seconded by Mr. Payne, motion carried. Individual votes for this motion were: Mr. Payne, aye; Mr. Walton, aye; Ms. Ring, aye; Ms. Magera, aye; and Ms. Jurgens, aye.

 

It was moved by Ms. Magera that the Board enter regular session. Seconded by Ms. Ring, motion carried. Individual votes for this motion were: Mr. Payne, aye; Ms. Magera, aye; Ms. Ring, aye; Mr. Walton, aye; and Ms. Jurgens, aye.

 

OLD BUSINESS

 

The Board reviewed a letter from Tami Jones.

 

RENEWAL FORM

 

The Board reviewed and approved the updated renewal form.

 

LUNCH

 

It was moved by Ms. Jurgens to adjourn for lunch at 11:55 AM. Seconded by Ms. Ring, motion carried.

 

The meeting was called back to order at 1:00 PM.

 

ASSOCIATION OF SOCIAL WORK BOARDS

 

Mr. Payne attended the fall ASWB meeting in New Orleans. He reported that starting January 1, 2011, there will be new exams and a new vendor. Other discussion items included: The Model law added approved supervisor; self assessment tools on disciplinary cases; and information on erasing the hard drive on copiers before getting rid of them.

 

EXECUTIVE SESSION

 

It was moved by Mr. Payne that the Board enter executive session, under Idaho Code 67-2345(1)(d), to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to consider license application materials. Seconded by Ms. Magera, motion carried. Individual votes for this motion were: Mr. Payne, aye; Mr. Walton, aye; Ms. Ring, aye; Ms. Magera, aye; and Ms. Jurgens, aye.

 

It was moved by Mr. Payne that the Board enter regular session. Seconded by Ms. Jurgens, motion carried. Individual votes for this motion were: Mr. Payne, aye; Ms. Magera, aye; Ms. Ring, aye; Mr. Walton, aye; and Ms. Jurgens, aye.

 

APPLICATION

 

It was moved by Mr. Payne that the Board approve the application for James Fries to take the master level exam. Seconded by Ms. Ring, motion carried.

 

It was moved by Ms. Jurgens to deny the exam application of William John Morris, Jr. based upon not having the required master of social work degree. Seconded by Mr. Payne.Ms. Jurgens withdrew the motion. It was a decision of the Board to send a letter to the applicant requesting more information.

 

APPROVED COLLEGES

 

The Board reviewed Rule 100.01 regarding approved social work programs. Mr. Payne will draft language regarding Rule 100.01 and bring it back to the next Board meeting.

 

CORRESPONDENCE

 

The Board reviewed correspondence and directed the Bureau to respond.

 

EXECUTIVE SESSION

 

It was moved by Ms. Jurgens that the Board enter executive session, under Idaho Code 67-2345(1)(d), to consider records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to consider license application materials and continuing education audits. Seconded by Mr. Payne, motion carried. Individual votes for this motion were: Mr. Payne, aye; Mr. Walton, aye; Ms. Ring, aye; Ms. Magera, aye; and Ms. Jurgens, aye.

 

It was moved by Ms. Jurgens that the Board enter regular session. Seconded by Ms. Magera, motion carried. Individual votes for this motion were: Mr. Payne, aye; Ms. Magera, aye; Ms. Ring, aye; Mr. Walton, aye; and Ms. Jurgens, aye.

 

APPLICATION

 

It was moved by Ms. Magera to deny the clinical supervisor registration for Scott Rasmussen based upon the supervisor training did not meet clinical supervisor training requirements. Seconded by Ms. Jurgens, motion carried.

 

NEXT MEETING

 

The next Board meeting is scheduled for April 4, 2011 at 9:00 AM MST.

 

ADJOURNMENT

 

It was moved by Ms. Magera that the Board meeting adjourn at 4:15 PM MST. Seconded by Ms. Ring, motion carried.

 

 

 

_____________________________†††††† _____________________________

Kristopher L. Walton, Chair†††††††††††††††††††††††††††† Christiane E. Magera

_________________________________††††† _________________________________

Dorothy Ring††††††††††††††††††††††††††††††††††††††††††††††††††† Robert Payne

_________________________________††††† _________________________________

Cheryl R. Jurgens†††††††††††††††††††††††††††††††††††††††††††† Carolyn Burt

_________________________________

Tana Cory, Bureau Chief