The Importance of Accountability

Accountability within the realm of social work is paramount, especially when it concerns the protection of vulnerable individuals, particularly children. The principle of immunity granted by the 11th Amendment should not serve as an impenetrable barrier against holding social workers accountable for their actions, though it often does. When social workers sidestep legal procedures, they place children at risk. Instances where children are removed from their homes without sufficient evidence of harm not only inflict unnecessary trauma but also disrupt familial bonds and stability. Such actions send a message that social workers can are free to do as they wish, thereby condoning unlawful behavior.

Consider this scenario: When Mom takes away little Johnny's Xbox for misbehaving at school, yet Dad permits him to play while Mom is absent, what is Johnny learning? He's absorbing the skill of deception, realizing he can avoid consequences by gaming when Mom isn't present, and that the consequences of his actions are not severe. Through rules and guidance, we teach our children the significance of respect and accountability. Our actions influence their understanding of values and societal norms. Inconsistent parenting results in unclear guidelines and expectations. The consequences are often behavioral problems, and a lack of respect for parental authority.

Inconsistent enforcement of consequences in parenting can mirror similar challenges in the legal system, particularly within court proceedings involving individuals like social workers, prosecutors, or lawyer, and even judgess. Just as inconsistent parenting can lead to unclear guidelines and behavioral problems in children, inconsistent accountability in legal proceedings can result in a lack of clarity and misconduct. When social workers provide false testimony, they compromise the pursuit of justice, resulting in wrongful outcomes. 

For example, consider two separate instances where different social workers provide false statements to a juvenile court to obtain court orders. Despite the similarities in their actions, the outcomes differ due to the application of the 11th Amendment immunity. In one case, where a judge determines that the social worker's false testimony constitutes perjury, the immunity does not apply, leading to accountability for the social worker's unlawful behavior. However, in the other case, the judge rules that the social worker is shielded by the immunity, allowing their misconduct to go unpunished and dismissing the family's complaint. Just as consistent parenting is crucial for instilling values and accountability in children, consistent accountability within the legal system is essential for upholding justice.

Title 18 U.S.C. Section 1621 and Section 1623 outline the federal laws regarding perjury. Section 1621 pertains to willfully making false statements under oath, while Section 1623 covers making false declarations under penalty of perjury. Violators of these laws can face fines, imprisonment, or both. In Ohio, perjury is defined under Ohio Revised Code Section 2921.11. It prohibits individuals from knowingly making false statements under oath or affirming the truth of a false statement in any official proceeding. 

Consistent rules are essential for predictability and encouraging positive behavior, especially among children who thrive when they understand what is expected of them. Similarly, if social workers recognize the repercussions for acting in bad faith or disregarding the law, they are more likely to exhibit positive behaviors. Consistent enforcement of consequences for misconduct, is imperative for upholding the integrity of the child welfare system.

By holding social workers accountable for their actions, not only can justice be served for those affected, but future instances of misconduct can also be deterred. When individuals understand that there are consequences for their actions, they are more likely to adhere to the law and ethical standards. Therefore, it is ABSOLUTELY NECESSARY for courts to begin holding social workers accountable for their actions to safeguard the well-being of children and go back to fostering a society founded on principles of justice and accountability.

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