Re: Human Subjects Review/Offending Populations

["J. Woolard" <jlw6d@xxxxxxxxxxxx>]

We are working with juvenile offenders in detention centers as well as 
adolescents accessing services through an STD clinic.  We have obtained 
an NIH Certificate of Confidentiality (contact as of July 1996: Olga 
Boikess, address below).

Although this should be confirmed with NIH, the following text from our 
approved certificate suggests that data could not be legally compelled 
to be released under most circumstances, even if it were State courts:

"Underthe authority vested in the Secretary of HHS by Section 301(d) of 
the Public Health Service Act 42 U.SC. 241(d), all persons who are 
[formally administering the project, have access to identifying 
information as a result of that status, and are..] authorized to protect 
the privacy of [study participants] may not be compelled in any Federal, 
State, or local civil, criminal, administrative, legislative, or other 
proceedings to identify such individuals."

This doesn't affect voluntary disclosure regarding issues of child abuse 
or threatened violence to others; it's just that your consent form has 
to state if you will make such reports. Also, check state laws regarding 
who is a mandatory reporter - I believe that affects child abuse but not 
other types of past violence. Of course, the questions that have been 
debated regarding the ethical issues are not resolved by the 
Confidentiality Certificate, and we are still struggling with them.

Jen Woolard
University of Virginia Psychology Dept.

NIH contact (as of July 1996):
Olga Boikess
NIMH
Parklawn Bldg, Room 17CO2
5600 Fishers Lane
Rockville, MD20857



> DAVID J. PRATTO wrote:
> >
> >         I am looking for information (citations if possible) and/or any
> >      advice regarding human subjects approval for conducting research with
> >      offending populations.  I am in the early stages of developing a study
> >      to do in-depth, qualitative life history interviews with offenders
> >      (both batterers and sexual offenders).
> >         There are several possible constraints I see to both conducting
> >      this research and obtaining human subjects approval.  The first
> >      constraint is the offender's denial.  Their denial is no doubt due, in
> >      large part, to their concern about possible prosection.  I have done
> >      qualitative interviews with sexual offenders where I limited the scope
> >      of discussion to the victim for whom the offender was currently in
> >      treatment, meaning they were not asked to talk about any other
> >      possible undisclosed offending behavior.  I would like to expand the
> >      scope of inquiry with these groups of offenders.  Thus, there is the
> >      possibility that they might talk about previously undisclosed
> >      violence.
> >         A second constraint is that you can't do qualitative interviews
> >      anonymously.  The kinds of things I am interested in looking at (which
> >      I won't go in to here), are best studied from a qualitative
> >      perspective.  Yet, a concern I have is that if an outside person (such
> >      as a victim's attorney) were to learn of the existence of the
> >      interviews they could technically subpoena the material for use in a
> >      civil case.
> >         A related dilemma I have is that, as a social worker, I am a
> >      mandated reporter.  I take my responsibility to protect victims very
> >      seriously, but I also believe that in order for us to continue to
> >      expand our understanding of interpersonal violence, we need to gather
> >      in-depth information from offenders.  This means gathering information
> >      on the entire range and history of their offending behavior.
> >      Offenders are not likely to give this depth of information without
> >      assurances of confidentiality.  However, if they are given these
> >      assurances, they may disclose past or ongoing abuse that no action
> >      could be taken to address.  This is a very difficult dilemma for me.
> >         I would appreciate any thoughts, insights, or past experiences with
> >      human subjects approval for this kind of work that any of you can
> >      provide.
> >
> >      Carolyn Copps Hartley, Ph.D.
> >      University of Iowa
> >      School of Social Work
> >      308 North Hall
> >      Iowa City, IA 52242
> >
> > As disappointing as this sounds, it is my judgement that you should
> > not do the research you are proposing.  Your ethical principles as a
> > "mandated reporter" to my mind take precedence over the principle of
> > of assuring confidentialty to research respondents. Furthermore, as
> > you point out, you are not protected by law from disclosing
> > information about your patients or clients.
> >
> > I would encourage you to find a non-social worker to
> > work collaboratively with you who can do the interviewing and who
> > would not provide you with identifying information.  That does not
> > solve you problem entirely, but it might be a start.
> > David J. Pratto, Professor and Head
> > Department of Sociology
> > UNCG