NEW JERSEY CRIMINAL LAWYERS

New York Lawyers License Defense for Social Workers

Defending Your New York Social Work License: Vital Information from Experienced Lawyers

As a social worker practicing in New York, your professional license forms the cornerstone of your career. It is what enables you to practice and make a living. Therefore, if there is a complaint or investigation that threatens your license, you must take action speedily to protect it. That’s where we come in- we are lawyers who possess expertise in safeguarding the licenses of New York social workers.

The Implications
The ramifications of losing your license can extend beyond losing your livelihood; it can lead to personal shame, irreparable damage to your reputation, and even criminal charges. Your ability to secure another job or obtain a loan may also be negatively affected.

The Complaint Process & Common Allegations
A complaint begins when someone files a report about perceived unprofessional behavior exhibited by the social worker with the New York State Office of Professional Discipline (OPD). The OPD takes on the responsibility of investigating the allegations and deciding whether or not to file formal charges against the social worker.

Some common allegations include:

1. Failure to comply with mandatory reporting requirements.
Every social worker may be legally required to promptly report instances of abuse and neglect when such incidents are suspected regarding a child or vulnerable adult. Failure to follow this law could cause disciplinary measures against their licensed statuses.

2. Breach of confidentiality.
Social workers have access to confidential information belonging to individuals under their care, including disclosure made by their clients themselves or others on behalf of their clients; privacy breaches usually result in complaints or legal action against alleged violators.

3. Misrepresentation.
Lying about credentials as well as any other factors within your control in connection with social work could earn disciplinary actions against licensed professionals under NY law.

Defending Your Reputation
If you receive a complaint or notification that an investigation has begun concerning you as a licensed practicing social worker, seek legal counsel immediately for protection purposes. 

Potential defenses a legal team can raise on behalf of social workers who find themselves in this sort of predicament usually include trying to discredit the allegations, offering exculpatory evidence that shows their innocence, and negotiating an agreement for settlement instead of awaiting trial. It’s important to act fast since some complaints come with deadlines set by law.

Breaking Down Complaints: The Anatomy Of OPD Investigations

Having a good grasp of how complaints filed against social workers get resolved provides excellent insights into navigating case preparations. The following components constitute an OPD investigation:

Step
Description

Receiving of the complaint
This marks the first part of the process when a report is submitted about presumed unprofessional conduct exhibited by a social worker.

Investigation Proper
OPD will swing into action to investigate each allegation, after which they will inform the target social worker(s) about the charges. During this period, it’s crucial not to make statements, sign consents or provide any information without consulting your lawyer.

Grand Jury/Administrative Hearing
Depending on how severe the case is, either an administrative hearing or grand jury investigation follows. In both cases though, accused insiders have ample opportunity to present mitigating proof and witnesses to clear their name(s).

Conclusion
This stage is where OPD decides whether there are grounds for meting out punitive measures because of presented facts. If everything checks-out-“innocence” being found- the case gets officially dismissed without disciplinary measures levied against a defendant. However, if your accuser proves convincing enough, a forfeiture of licensure may become an eventuality.

What You Need To Do Next
If you become aware of a filed complaint against you or have valid reasons to suspect that OPD is investigating your conduct (or lack thereof), reach out as soon as possible for the experience and expertise of legal defense teams like ours. Our team members possess substantial in-depth knowledge about maintaining >law compliance within New York’s regulatory system, which we can use to construct a highly compelling defense on your behalf. Don’t wait until it’s too late to call us- get in touch today.