Negligence of Duty
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Transcript of Negligence of Duty
Running head: TYPICAL BEHAVIOR 1
Running head: TYPICAL BEHAVIOR 2
Phase 4 Individual Project 2 Memo
Colorado Technical University Online
CJHS300-1301A-03: Human Service Practice in the Criminal Justice Setting
Professor Karyn Goldmeier
Christopher B. Lane
02/08/2013
Running head: TYPICAL BEHAVIOR 3
To: Cindy Hart
From: Christopher B. Lane
Regards: Pre-trial diversion plan
Memo
Ms. Hart, in this memo, I will go over your plan on what we will be able to help you to be
rehabilitated back into society. This plan has to be followed out in accordance to the court order,
and to get you the help you need. If you have any questions, please feel free to contact me from
the business card, I have given you. We will now begin.
Identify 2 disciplines involved with Cindy Hart.
The 2 disciplines involving with Cindy Hart, and the first one is actually more than two
disciplines involving Cindy Hart, and the first one is duty, and the author goes on to say that the
duty arises, and when the law recognizes of the relationship between the plaintiff, and the
defendant in this particular case (Find Law, 2013) (Commonwealth of Kentucky, 2010). The
next one is breach of duty, which is best described as where the defendant who may be liable for
negligence, and in fact, when the defendant breaches the duty of , in this case, the negligence of
the children of the medical health needs, which the defendant owes that to the plaintiff, and in
this case the children, and then, and only then it becomes a breach of their duties as a parent of
their duties to take care of their children, which is a violation of the law (Find Law, 2013)
(Commonwealth of Kentucky, 2010). The next one is the cause in fact, which in this particular
case, you have a single mother, that has mental health issues, with two prior occurrences of being
hospitalized for these type of conditions, and the neglecting her roles as a mother is clearly
Running head: TYPICAL BEHAVIOR 4
defined here (Find Law, 2013) (Commonwealth of Kentucky, 2010). The next one is the
Proximate Cause, and you may be asking yourself, how does this one have anything to do with
this case, and this what the author’s say about this one, these two author stated in their findings;
the proximate cause relates when the defendant’s responsibility is negligence towards her
responsibility, and her responsibility is the children’s needs (Find Law, 2013) (Commonwealth
of Kentucky, 2010). Those needs are as follows: the child’s regular routine checkups with a
license medical professional, preferably a doctor, which they will give the experience towards
these children, and help to treat the children as best as they can within the guidelines of the law
(Find Law, 2013) (Commonwealth of Kentucky, 2010). The last one is damages, and you may be
asking yourself again, how does a damage play a part in this? Damages plays a crucial part for
the simple fact, the child may be suffering, and the caregiver is not fulfilling that need for their
children (Find Law, 2013) (Commonwealth of Kentucky, 2010). After all, it is not like the
children are old enough to drive themselves to a doctor, so in return, they rely on one particular
person, the sole caregiver of the children, which in this case is the mother of the two children.
Discuss in detail 1 theory of each discipline that you identified in part (1) that applies to
this fact pattern.
The detail facts in this case, and they are as follows; we have a negligent that also has
problems with substance abuse, and not only that, she is neglecting a child the right to get a good
quality of education, which this is a truancy issue, by all means (Commonwealth of Kentucky,
2010). Although, the children may not have any bruises, or lacerations, but the children are being
neglected, and not necessarily the children are being abused, and the mother has a history of
mental illness issues, which they derive from her past experiences of an abusive father; who had
a problem with alcoholism, which, it ultimately took her father’s life. Truancy is also another
Running head: TYPICAL BEHAVIOR 5
important aspect of the client; the client has neglected her own child for going to school, because
of the mother’s problem with her mental health issues, and her negligent actions of the mother
seeking help of our own; in her role as the sole caregiver for these two children (Commonwealth
of Kentucky, 2010). Does it affect the children? To answer this question, I would have to say it
does affect the children, because a child does not understand why they cannot go to the doctor,
and the child does not understand what is happening, but I do think the child knows that they are
affected. It is now up to the law to step in and provide the appropriate plan for the mother, and
help the children as well.
Discuss how this scenario is distinguishable from a scenario that might take place in the
traditional mental health setting.
Now, we will discuss this scenario and how it is distinguishable from the scenario listed
above, which could take place in the traditional mental health setting. In the traditional mental
health setting; the client would get evaluated, and to see where the starting point would be, and
then the mental health professional would go from there. Without doing this the mental health
profession; the patient will not know what is expected, knowingly, the mental health profession
will accomplish this by evaluating, and assessing the patient upon entering some type of
program; to help rehabilitate the patient to where they need to be. In some ways, this is
somewhat the same as the human services setting; in the human service setting, the case
worker/manager will assess the client, and determine where the client needs to be in this
particular program; so in return, both professions have to work hand-in-hand to accomplish a
goal here. Of course, the client/patient can refuse, but why would they want to refuse, which they
have a right to do that, but the ideology of them doing that would not be the cultural norm.
Running head: TYPICAL BEHAVIOR 6
Identify 2 ethical obligations/core values at play in this scenario.
The first one of 2 is autonomy, and how the person(s), who may care capable of doing so,
which will make decisions for themselves, although, autonomy is not absolute factor, but it could
be one (Simmons, 2003). Secondly, there is one important thing to remember, and that is a
person’s behavior, and as far as the behavior of Ms. Hart, and even though, she has a mental
health issues, but still her behavior of not getting help is the key factor here (Simmons, 2003).
Ms. Hart exercised her right to react this way, because she neglected her own health, and in
return, she neglected her children (Simmons, 2003). This can also be looked at as a double-edge
sword, because she refused not only herself, but her children as well (Simmons, 2003). The next
question is: why would we need to have an intervention in this particular case? The reasoning, or
purpose for the intervention in this case; because the pre-trial diversion program is looking out
for the welfare of the children (Simmons, 2003) (Commonwealth of Kentucky, 2010).
Service plan for Ms. Hart
This will be checked and verified each week on your progress to be rehabilitated back
into society. Your cooperation and effort will be based upon your successful completion of the
following, which is listed below, and I, your case worker/manager will be checking on this as
well, and in compliance of the courts recommendation. This program was set up to help you
succeed in getting your children back in your possession, so, it is up to Ms. Hart to concur with
this program. If you have any questions, please feel free to contact from the business card,
which, you were given.
Running head: TYPICAL BEHAVIOR 7
Mental
Health
counseling
Substance
abuse
counseling
Support
groups
Mental
Health
Care
Parenting
Classes
Follow up
Visits with
Client and
Verification
Final
Evaluation
of the
Client and
Verification
Running head: TYPICAL BEHAVIOR 8
References
Commonwealth of Kentucky. (2010). Reporting Child Abuse and Neglect. Retrieved from
chfs.ky.gov: http://chfs.ky.gov/NR/rdonlyres/0984FD14-A494-4055-9C10-
98CDD433F8C9/0/ChildAbuseandNeglectBooklet.pdf
Find Law. (2013). Elements of a Negligence Case. Retrieved from injury.findlaw.com:
http://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html
Simmons, B., (2003). Child Welfare Ethics and Values. Retrieved from calswec.berkley.edu:
http://calswec.berkeley.edu/files/uploads/pdf/CalSWEC/Participant_Ethics_Values.pdf