DDA Legal Rights & Ethical Responsibilities 5 — Questions and Answers
Question 1: Which federal law prohibits discrimination against qualified individuals with disabilities in employment, including those with developmental disabilities?
- The Fair Labor Standards Act
- Title I of the Americans with Disabilities Act (Correct answer)
- The Workforce Innovation and Opportunity Act
- Section 504 of the Social Security Act
Correct answer: Title I of the Americans with Disabilities Act
Title I of the ADA prohibits employment discrimination against qualified individuals with disabilities by employers with 15 or more employees.
Question 2: A client with a developmental disability asks their DSP to keep a conversation private. The DSP discovers the client is being exploited financially. The DSP should:
- Keep the information confidential as promised to maintain trust
- Break confidentiality and report the exploitation to protect the client's safety (Correct answer)
- Tell only the client's family but not official authorities
- Document it privately without reporting since it is a financial matter
Correct answer: Break confidentiality and report the exploitation to protect the client's safety
Confidentiality has limits; DSPs must breach it when client safety, including financial exploitation, is at risk, as this is a mandated reporting obligation.
Question 3: The concept of 'dignity of risk' means that individuals with developmental disabilities:
- Should be protected from all risks to ensure their safety
- Have the right to take reasonable risks as part of living a full life (Correct answer)
- Are not responsible for outcomes of their decisions
- Must demonstrate competence before being allowed to take risks
Correct answer: Have the right to take reasonable risks as part of living a full life
Dignity of risk recognizes that taking reasonable risks is part of a meaningful life and that overprotection can deny people growth and self-determination.
Question 4: A DSP is asked by their supervisor to use a physical restraint technique that is not in the client's approved behavior support plan. The DSP should:
- Follow the supervisor's instruction since supervisors have authority
- Refuse and explain that only approved techniques from the plan can be used (Correct answer)
- Use the technique once and then document it in the incident report
- Ask a coworker to do it instead to avoid personal liability
Correct answer: Refuse and explain that only approved techniques from the plan can be used
Using unapproved restraint techniques violates the client's rights and the behavior support plan, and the DSP must refuse and report the request.
Question 5: Under which circumstance may a DSP share a client's protected health information with law enforcement WITHOUT a client's authorization?
- When law enforcement simply requests it during a routine visit
- When required by law, such as when reporting abuse or responding to a court order (Correct answer)
- When the DSP believes the information might be useful to officers
- Whenever the client cannot speak for themselves
Correct answer: When required by law, such as when reporting abuse or responding to a court order
HIPAA permits disclosure to law enforcement when required by law, such as mandatory abuse reporting or compliance with a valid court order.
Question 6: An individual with a developmental disability is being pressured by staff to participate in a vocational program they have repeatedly refused. This situation represents a violation of:
- The client's right to choose their own activities and self-determination (Correct answer)
- The agency's staffing ratios and scheduling rules
- The DSP's professional development obligations
- The funding requirements tied to vocational programming
Correct answer: The client's right to choose their own activities and self-determination
Pressuring clients to participate in activities they have refused violates their right to self-determination and their right to say no.
Question 7: Which of the following BEST represents an ethical boundary violation by a DSP?
- Accompanying a client to a community event they both enjoy
- Lending a client personal money with the expectation of repayment (Correct answer)
- Helping a client write a letter to their family
- Assisting a client in selecting clothing they prefer
Correct answer: Lending a client personal money with the expectation of repayment
Financial transactions between DSPs and clients, including loans, create inappropriate dual relationships and violate professional boundaries.
DDA Legal Rights & Ethical Responsibilities 5
Which federal law prohibits discrimination against qualified individuals with disabilities in employment, including those with developmental disabilities?