Abstract
Since there is little prior knowledge on the effects of case management on offenders behavioral patterns, this paper aims to identify how the activities carried out by probation officers has impacted supervised persons, but also to draw useful conclusions regarding ethical standards in case management. The topic of this paper is of real interest to probation practitioners, as conducting the supervision process, preparing pre- and post-sentence reports in the course of assistance and counseling activities, and the specific nature of interactions with beneficiaries of Probation Services inherently lead to the emergence of ethically challenging situations. The foundation of this topic lies in the need to explore and analyze the nature of these dilemmas, their frequency, the ways counselors respond when faced with ethical ambiguity, identifying optimal responses and reactions from a deontological and ethical perspective, and ultimately outlining best practices. Although this topic is extremely broad, in this paper the focus is on the counselor-beneficiary relationship, being mindful of the numerous aspects that can be addressed, as highlighted in discussions with colleagues from various services and in the final question of the questionnaire used in this study. As a result of the research undertaken, I aimed to present how we, as probation counselors, analyze and manage various dilemmas encountered in daily practice, relevant legislative guidelines, and optimized response strategies. In the end, the conclusions provide an opportunity for reflection and learning, which can offer a greater degree of confidence, security, and control over these situations.
Keywords
Case Management, Deviance, Probation, Risk of Recidivism, Social Reintegration
1. Introduction
The research undertaken in this paper aimed to analyze the extent to which probation counselors adhere to ethical principles in the management of supervision cases.
Case management approaches are widespread in institutions that provide social services.
| [14] | Turner S., Stelman A. (2017).Management şi leadership într-o perioadă de schimbare., Probation Handbook. Euro Standard Publishing House, p. 411. |
[14]
Although several forms of case management have been experimented in social work over time (resource-centered, results-centered, problem-centered), there are a number of features that are common to all models regarding case management. These features include the case manager's role in ensuring a link between the client and services, as well as the processes of assessment, planning, coordination, monitoring, review and evaluation of results.
| [12] | Sirdifield, C., & Brooker, C. (2023). Probation, mental health and the criminal justice system: An introduction. In C. Brooker & C. Sirdifeld (Eds.), Probation, mental health and criminal justice: Towards equivalence (pp. 1–4). |
[12]
.
Out of many definitions for case management, the most representative one is given in law no. 252/2013, where case management is defined as:
„a process of coordinating all the activities of evaluating the supervised person and carrying out assistance and control interventions, monitoring the execution of measures and obligations imposed by the court, by capitalizing the internal potential of the person and integrating the contribution of the institutions in the community".| [16] | Law no. 253/2013 on the execution of punishments, educational measures and other non-custodial measures ordered by judicial bodies during the criminal trial. |
[16]
.
There are many definitions for the term desistance, but the most representative is the one given by Maruna S. & Mann R., (2019).
| [11] | Maruna S. & Mann R. (2019). Learning Desistance Together. Journal of Prison Education and Reentry, p. 97. |
[11].
The author defines desistance as “the process of abstaining from crime by those with a previous pattern of offending.” specialists who possess specific knowledge in behavioral change techniques.
| [15] | Zaharia V., Stey H.-G., Popa V. (2017). Manualul Consilierului de Probaţiune., Chișinău, Editura „Cu drag” SRL, pp. 35-36. |
[15]
.
Therefore, the purpose of case management is not only to study the offenders situation and identify their problems, but also to identify the most effective way to collaborate with the offender.
2. Purpose and Principles of Probation Case Management
The specific principles of case management belong to the probation counselor to whom the case is assigned and who must study the criminal sentence, verifying compliance with territorial and material jurisdiction. During the supervision of the execution of the criminal sentence, the counselor has the duty to maintain a close link with the criminal enforcement office, in order to ensure respect for fundamental rights and freedoms, confidentiality of information and personal data. The general principles underlying adequate case-management are: close collaboration with the network of intercommunity institutions; orientation towards the beneficiary, aiming to identify the most appropriate services for this; focusing on priorities, responding to the priority objectives of the intervention (issuing decisions regarding the execution of some obligations imposed by the court, running some activities according to the sentence, etc.).
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It is the responsibility of each probation officer to check their own records to see where unpaid community service obligations, courses or reintegration programs have not been completed and where those obligations are being fulfilled. Offenders who did not show up for the scheduled appointments will receive, by mail, a recall address. In special cases, the counselor will choose the telephone interview option, a technique with several shortcomings, especially since a certain amount of information can be lost, non-verbal language can only be perceived to a small extent.
| [4] | Dowden C., Andrews D. (2004). The Importance of Staff Practice in Delivering Effective Correctional Treatment: A Meta-Analytic Review of Core Correctional Practice. International journal of offender therapy and comparative criminology,203-206. https://doi.org/10.1177/0306624X03257765 |
[4]
.
3. The Role of the Professional Relationship in Case Management
Providing an effective structure to the intervention is important for both probation officers and offenders. If offenders are secure in their knowledge that staff will deal with inappropriate behaviour, then this may enhance their willingness to engage in the activities provided by probation services.
| [1] | Apostu A., Palaghia M., Cocârță D., Nică R. (2017). Dezvoltarea abilităţilor sociale la minori. Manualul de probațiune, Bucureşti: Editura Euro Standard., pp. 341-349. |
[1]
.
Additionally, most discussions conducted with the information sources accessed by probation counselors (such as family members of the supervised individual, representatives of the institutions to which they have been referred, etc.) focus on verifying how the convicted individuals comply with or fulfill their supervision obligations. From this, we can conclude that there is a significant emphasis on the control aspect of the supervision process, while the criminogenic needs of the individual are addressed in a secondary manner in order to effectively manage the risk of recidivism.
.
4. Ethical Standards in Case Management
From the very beginning of the activity in the Probation Service, the counselor is taught that his main tool is his own personality, which must be permanently safeguarded and improved.
The professional relationship develops within the process of assistance and counseling, and must be based on authenticity, transparency and warm attitude towards the beneficiary. On the other hand, the relationship must be governed by ethical principles materialized in the Code of Ethics of the Probation Service, which allows the establishment of clear limits during the supervision process.
.
Ethical dilemmas arise when the probation officer is in a position to analyze conflicting alternatives, such as the conflict between personal and professional values and deciding which values will be prioritized. From here on, we can identify several elements that can lead to the occurrence of the above-mentioned situations:
1. Causes related to the probation counselor: assumptions, beliefs, values, own judgments, etc.
2. Beneficiary-related causes: personality, level of education, mental development, relationships with family members and community, etc.
3. Causes related to the institutional environment.
The process of making an ethical decision in probation work involves the following steps: Identifying the potentially problematic issue, the source of the conflict, and the factors involved.
| [13] | Teasdale J. (2017). Pro-social Modeling., Probation Handbook. Euro Standard Publishing House, pp. 401-407. |
[13]
. Examining the ethical values and norms necessary to resolve the dilemma. Developing a strategy to resolve the problematic situation, while identifying the implications that arise from the continuation of events. Choosing the best path to overcome the dilemma.
We can affirm that the ethical dilemma is an inherent part of the probation counselor's activity, being a variable that must be carefully considered by practitioners in the field of social reintegration, as it has the potential to be a disruptive factor with negative consequences in day-to-day activities.
| [2] | Brooker, C., Sirdifield, C., & Parkhouse, T. (2022). Identifying mental illness and monitoring mental health in probation service settings. European Journal of Probation, 14(3), 179-203. https://doi.org/10.1177/20662203221140646 |
[2]
.
5. Research Methodology
The data were collected through questionnaires completed by probation counselors via remote communication and in person by colleagues from the Bistrița Năsăud Probation Service, followed by their submission upon completion. Thus, a total of 50 colleagues from most services across the country responded to the request to complete the questionnaire.
During my professional training and career, I voluntarily or involuntarily (due to the small space of provided by the Bistrita-Năsăud Probation Service), participated in multidisciplinary and professional team meetings in different situations.
The discussions and informal opinions expressed were also interesting, revealing a multitude of dilemmas and opinions related to this subject that were not formalized in the questionnaire responses but sometimes complemented the conclusions obtained from the conducted effort.
6. Results
Regarding inappropriate conduct by the supervised person during meetings, the results from discussions with probation counselors reveal the following: the behaviors and situations described by participants are characterized as disciplinary violations (such as verbal or physical aggression), indecent proposals, or abusive behavior (in the case of insistent and unjustified calls at inappropriate times).
One of the interviewed counselors stated that they handled the situation by reminding the beneficiary of the following aspects.
"I calmly reminded him of the work procedure, I reminded him of the conduct he must demonstrate, I established a clear limit on what is ethical and what constitutes misconduct." - one respondent stated in an extremely professional manner.
Regarding cases where supervised individuals attempted to offer money, the probation counselors responded that some had encountered this situation, while the rest indicated in their responses that they had not experienced it. The attempts by beneficiaries to gratify the probation service staff go beyond "small gifts" (such as trinkets or flowers) and extend to food, money, or services, as indicated by the situation described above and from discussions with colleagues in various services. While offering a flower may be seen as a somewhat honest gesture, "scented" with the intention of creating an optimized image, in the case of attempts to hand over money or other valuable goods, we align with the position of our colleagues, as it suggests a situation of "buying" goodwill, which clearly points to a criminal act. It is noteworthy that the colleagues refuse to conform to such behavior, as highlighted in the responses received. Generally, there is an elegant response in which the counselor informs the individual that this could be a potential offense and outlines the possible consequences of such an act. I would like to specifically mention a practice of the colleagues from the Bistrița Năsăud Probation Service, who, when given flowers, politely refuse, express their appreciation for the kind gesture, and guide the beneficiary to present the bouquet to their wife, girlfriend, or another significant person in their life, while assuring them that the supervision process will continue to be conducted professionally. The common denominator of all approaches is to warn the individual regarding the conduct standards reflected in their appearance when presenting to the Probation Service, followed by rescheduling their appointments or continuing the meeting, depending on each specific situation. Along with other colleagues, we believe that we cannot overlook the educational component of the meetings; often, behind attitudes that may seem disrespectful or negligent lies a lack of basic education "polished" with bravado. On the other hand, I appreciated the flexible approach of other colleagues who adapted to the specific situation.
To this end, one participant stated that:
"I thought about the information I had about the person such as health problems, education, age, etc., and I approached this topic only if it was necessary. If I concluded, that that person was indecently dressed because that was his way of dressing in the warm season, under the conditions in which he lived, I did not consider it appropriate to draw attention to his outfit."
7. Findings and Discussion
In case management activity, it has been observed that, regarding intervention methods consisting of individual counseling, the approach to the person is adapted to their abilities. However, intervention methods that involve including the beneficiary in programs are not aligned with the individual's learning style. I believe this situation is due to the limited number of programs available within the service and the fact that those that do exist are not suitable for all categories of beneficiaries (considering factors such as education level, nature of the offense, etc.). Furthermore, certain programs available in the probation system are not implemented within the service due to the lack of staff training required to facilitate these programs.
| [10] | Järveläinen, E., Rantanen, T., & Toikko, T. (2024). Finnish supervised probationary freedom as support for a desistance from crime. European Journal of Probation, 16(2), 115-134. https://doi.org/10.1177/20662203231217175 |
[10]
.
Following the analysis of the specialized literature, and the conclusions of this investigative approach, we propose a series of recommendations, regarding the management of ethical dilemmas with the supervised person, respectively:
1. Clarification of the responsibilities and roles of each party and the limits of the relationship from the very beginning of the process;
2. Increased attention should be given to the way in which counselors exercise their disposed control and authority, accompanied by permanently avoiding the adoption of a provocative-confrontational style, even in the relationship with difficult people;
3. Providing constructive and honest feedback;
4. The probation counselor must try to resolve difficult situations by communicating directly with the supervised person.
.
The limitations of this research lie in the relatively small sample size and the online interaction with the respondent group. The topics addressed in the study require further investigation, suggesting the need for continued research on this subject.
8. Conclusions
Case management activities carried out by probation officers work systematically by proposing an intervention method for each specific need the convicted person has.
| [6] | Dumitrașcu L., Schianu V. (2017). Supravegherea în comunitate. Manualul de probațiune. Bucureşti: Editura Euro Standard, pp. 160-191. |
[6]
. The intervention methods used focus predominantly on individual counseling of the supervised person, and in fewer cases, the case is referred to partner institutions (public or non-governmental) for addressing the needs. A recommendation highlights the need to diversify the counseling programs available to probation officers. A solution in this regard could be the departmentalization of activities within the probation service. Thus, developing a specialized department for implementing programs could, on the one hand, diversify the program package to cover a broader range of criminogenic needs of supervised individuals, and on the other hand, streamline the effective implementation of the programs. A complementary possibility could also be outsourcing the implementation of specific programs to partner institutions within civil society, for which the probation service lacks the necessary expertise.
.The results of this research suggest a series of recommendations to improve case management within the probation service. Desistance can only occur through a much greater focus on the counseling dimension, which effectively works with the values, beliefs, and attitudes of individuals that underlie their behavioral patterns.
| [7] | Durnescu I. (2011). Probațiunea. Teorii, legislație, Practică. București: Editura Polirom, p. 215. |
[7]
.Therefore, empathetic, open, client-centered communication styles can help with creating a path towards desistance.
Conflicts of Interest
The author declares no conflicts of interest.
Appendix
The questionnaire used to prepare this paper has the following structure:
1. During the supervision process, were you given „small attentions" by the beneficiary (a trinket, flowers, chocolate)?
2. What you consider that this gesture is:
1) Custom
2) Way of showing respect
3) The desire to obtain "advantages"
4) Other variants.
3. During the supervision process, were you offered money by the beneficiary?
1) Yes
2) No
4. How did you react in this situation?
5. Have you been harassed by a supervised person?
6. What was the source of harassment?
1) Verbal and/or physical aggression
2) Indecent proposals
3) Other
4) It was not the case
7. How did you react in this a situation?
9. Have you been in the situation of meeting with indecently dressed people?
10. How did you react in this situation?
11. Have you encountered other ethical dilemmas during your career?
References
| [1] |
Apostu A., Palaghia M., Cocârță D., Nică R. (2017). Dezvoltarea abilităţilor sociale la minori. Manualul de probațiune, Bucureşti: Editura Euro Standard., pp. 341-349.
|
| [2] |
Brooker, C., Sirdifield, C., & Parkhouse, T. (2022). Identifying mental illness and monitoring mental health in probation service settings. European Journal of Probation, 14(3), 179-203.
https://doi.org/10.1177/20662203221140646
|
| [3] |
Canton, R. (2024). Probation as social work. Probation Journal,214-233.
https://doi.org/10.1177/02645505241241588
|
| [4] |
Dowden C., Andrews D. (2004). The Importance of Staff Practice in Delivering Effective Correctional Treatment: A Meta-Analytic Review of Core Correctional Practice. International journal of offender therapy and comparative criminology,203-206.
https://doi.org/10.1177/0306624X03257765
|
| [5] |
Dominey, J., & Canton, R. (2022). Probation and the ethics of care. Probation Journal, 69(4), 417-433.
https://doi.org/10.1177/02645505221105401
|
| [6] |
Dumitrașcu L., Schianu V. (2017). Supravegherea în comunitate. Manualul de probațiune. Bucureşti: Editura Euro Standard, pp. 160-191.
|
| [7] |
Durnescu I. (2011). Probațiunea. Teorii, legislație, Practică. București: Editura Polirom, p. 215.
|
| [8] |
Guilfoyle, M. (2022). Book review: Probation: Butter Side Up. Probation Journal, 69(2), 250-251.
https://doi.org/10.1177/02645505221095123
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| [9] |
Henley, A. (2022). Criminalisation, criminal records and rehabilitation: From supervision to citizenship? Probation Journal,273–277.
https://doi.org/10.1177/02645505221116457
|
| [10] |
Järveläinen, E., Rantanen, T., & Toikko, T. (2024). Finnish supervised probationary freedom as support for a desistance from crime. European Journal of Probation, 16(2), 115-134.
https://doi.org/10.1177/20662203231217175
|
| [11] |
Maruna S. & Mann R. (2019). Learning Desistance Together. Journal of Prison Education and Reentry, p. 97.
|
| [12] |
Sirdifield, C., & Brooker, C. (2023). Probation, mental health and the criminal justice system: An introduction. In C. Brooker & C. Sirdifeld (Eds.), Probation, mental health and criminal justice: Towards equivalence (pp. 1–4).
|
| [13] |
Teasdale J. (2017). Pro-social Modeling., Probation Handbook. Euro Standard Publishing House, pp. 401-407.
|
| [14] |
Turner S., Stelman A. (2017).Management şi leadership într-o perioadă de schimbare., Probation Handbook. Euro Standard Publishing House, p. 411.
|
| [15] |
Zaharia V., Stey H.-G., Popa V. (2017). Manualul Consilierului de Probaţiune., Chișinău, Editura „Cu drag” SRL, pp. 35-36.
|
| [16] |
Law no. 253/2013 on the execution of punishments, educational measures and other non-custodial measures ordered by judicial bodies during the criminal trial.
|
Cite This Article
-
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@article{10.11648/j.ajetm.20240905.12,
author = {Laura-Julia Koblicska},
title = {Case Management Organization and Implementation in Probation Services in Romania
},
journal = {American Journal of Engineering and Technology Management},
volume = {9},
number = {5},
pages = {107-111},
doi = {10.11648/j.ajetm.20240905.12},
url = {https://doi.org/10.11648/j.ajetm.20240905.12},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajetm.20240905.12},
abstract = {Since there is little prior knowledge on the effects of case management on offenders behavioral patterns, this paper aims to identify how the activities carried out by probation officers has impacted supervised persons, but also to draw useful conclusions regarding ethical standards in case management. The topic of this paper is of real interest to probation practitioners, as conducting the supervision process, preparing pre- and post-sentence reports in the course of assistance and counseling activities, and the specific nature of interactions with beneficiaries of Probation Services inherently lead to the emergence of ethically challenging situations. The foundation of this topic lies in the need to explore and analyze the nature of these dilemmas, their frequency, the ways counselors respond when faced with ethical ambiguity, identifying optimal responses and reactions from a deontological and ethical perspective, and ultimately outlining best practices. Although this topic is extremely broad, in this paper the focus is on the counselor-beneficiary relationship, being mindful of the numerous aspects that can be addressed, as highlighted in discussions with colleagues from various services and in the final question of the questionnaire used in this study. As a result of the research undertaken, I aimed to present how we, as probation counselors, analyze and manage various dilemmas encountered in daily practice, relevant legislative guidelines, and optimized response strategies. In the end, the conclusions provide an opportunity for reflection and learning, which can offer a greater degree of confidence, security, and control over these situations.
},
year = {2024}
}
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TY - JOUR
T1 - Case Management Organization and Implementation in Probation Services in Romania
AU - Laura-Julia Koblicska
Y1 - 2024/11/28
PY - 2024
N1 - https://doi.org/10.11648/j.ajetm.20240905.12
DO - 10.11648/j.ajetm.20240905.12
T2 - American Journal of Engineering and Technology Management
JF - American Journal of Engineering and Technology Management
JO - American Journal of Engineering and Technology Management
SP - 107
EP - 111
PB - Science Publishing Group
SN - 2575-1441
UR - https://doi.org/10.11648/j.ajetm.20240905.12
AB - Since there is little prior knowledge on the effects of case management on offenders behavioral patterns, this paper aims to identify how the activities carried out by probation officers has impacted supervised persons, but also to draw useful conclusions regarding ethical standards in case management. The topic of this paper is of real interest to probation practitioners, as conducting the supervision process, preparing pre- and post-sentence reports in the course of assistance and counseling activities, and the specific nature of interactions with beneficiaries of Probation Services inherently lead to the emergence of ethically challenging situations. The foundation of this topic lies in the need to explore and analyze the nature of these dilemmas, their frequency, the ways counselors respond when faced with ethical ambiguity, identifying optimal responses and reactions from a deontological and ethical perspective, and ultimately outlining best practices. Although this topic is extremely broad, in this paper the focus is on the counselor-beneficiary relationship, being mindful of the numerous aspects that can be addressed, as highlighted in discussions with colleagues from various services and in the final question of the questionnaire used in this study. As a result of the research undertaken, I aimed to present how we, as probation counselors, analyze and manage various dilemmas encountered in daily practice, relevant legislative guidelines, and optimized response strategies. In the end, the conclusions provide an opportunity for reflection and learning, which can offer a greater degree of confidence, security, and control over these situations.
VL - 9
IS - 5
ER -
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