兒保社工因公涉訟之司法經驗初探

本研究主要是探討兒保社工因公涉訟之司法經驗。研究者以五位縣市政府曾因公涉訟之兒保社工為研究對象，透過深度訪談法深入探討兒保社工因公涉訟經驗、與體制的互動、實務倡導行動。研究結果發現，案家對於兒保社工的訴訟，起因於不滿兒保社工處遇或安置期間發生意外，但選擇以兒保社工為訴訟對象，卻不以組織為訴訟對象。當受訪的兒保社工遭案家訴訟後，擔心、疑惑、憤怒、失去控制感等是普遍感受與情緒反應，但不會持續太久，大都能自我調適。調適後，受訪的兒保社工總是嘗試從行政與司法單位確認可協助訴訟的資源，俾利於出庭時提證。訴訟後，當接獲不起訴，受訪兒保社工表示，與案家、機構、司法，或甚至對社工專業都產生改變。這些改變讓受訪的兒保社工意識到需要透過實務倡導行動，集結與凝聚力量，才可能逐步改善目前氛圍。根據本研究結果提出幾項建議: (一)兒保工作體制:加強員工在職訓練、建立團體決策機制、建立彈性標準化程序、階段性立法；(二)機構體制:在職訓練時需告知工作風險、工作併計因公涉訟所產生的業務量、積極倡導法官保留制度、提高回應司法層級、積極建立與法院間的聯繫管道；(三)司法體制:建立兒保社工個人資料保護機制、建立偵查一站式制度、建立法官保留制度、法院組成社工證人及報告書寫制度。

關鍵字

因公涉訟；兒保社工；法官保留；家庭處遇

並列摘要

This research focuses on the judicial experience of child protection social workers who was suited by his or her client’s parents. The purpose is to understanding social worker’s experience and interaction between the system and advocacy action in practice experience. In this research, five child protection social workers who are hired by local governments was chosen as the subjects for the study. The data collect by in-depth interview technique of qualitative research. The research find that suit are against child protection social workers not governments, cause of social workers’s suit treatment or client’s accident during placement. When child protection social workers know that, he or she will feel fear, doubt, anger, loss of control. But this mood will not last too long, he or she will be able to self-adjustment. After the adjustment, a social worker will try to confirm resources from the governments and judicial system that can assist in the suit, and make sure can present evidence of treatment by the law in court. Though social workers receive not to prosecute declare, but the relationship between the client’s parents, governments, judicial system and social work profession has produced a qualitative change. Such changes make social workers aware of need to advocate for change through practical action, and to gather all kinds of thinking by discussing the issues, that can make social work profession much better. In child protection system, the research suggests that to strengthen the staff training, to establish decision-making group and to make law. In government system, the research suggest that to inform the work risk in staff training, to account the work include the suit, to advocate to establish Principle of Reservation by the Judges, to improve the response level to the judicial system, and actively to establish contact between the government and judicial system. In judicial system, the research suggest that to establish social worker’s personal data protection, to establish One-Stop Service of investigate, to establish Principle of Reservation by the Judges, and to compose of social witness and report writing system. Expect to such suggestions can establish more protective barrier for social workers.