Social Worker Responsibilities to Match Doctors; Liability Only for Intentional or Discretionary Breaches

Taiwan's Minister of Health and Welfare proposed aligning the legal responsibilities of social workers with those of doctors, meaning they would only face liability if they violate duty of care and exceed reasonable professional discretion.
その他NQ 0/100出典:PR Times

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  • 📰 Published: April 23, 2026 at 17:11
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Taipei, April 23 (CNA) -- Multiple legislators have called for clarifying the work scope and legal responsibility boundaries of social workers to prevent them from becoming the "guarantors" of incidents. Minister of Health and Welfare Shih Chung-liang stated that the civil and criminal responsibilities of social workers should be aligned with those of doctors, using the violation of necessary duty of care and exceeding reasonable professional discretion as the standard for judgment.

Shih Chung-liang attended the plenary meeting of the Social Welfare and Environmental Hygiene Committee of the Legislative Yuan this morning to give a special report and take inquiries on the "Review of Cross-System Collaboration and Cohesion Mechanisms for Vulnerable Family Child Support Services and Child Protection Case Interventions." The scope of work and legal boundaries of social workers drew much attention.

Democratic Progressive Party legislator Lin Yueh-chin stated that child protection incidents are highly complex and professional, dealing with children in the most vulnerable situations. The goal is not just for the children to survive, but to live with quality and dignity. Social workers bear a massive responsibility in assisting with social problems; therefore, corresponding resource support should be provided, and their work scope and legal boundaries must be clarified.

Lin Yueh-chin said social work is highly differentiated. The depth of intervention and authority varies completely across child protection, vulnerable families, adoption, and home childcare. In practice, there is often a lack of mandatory authority, and the boundaries of responsibility are not clearly defined, exposing frontline workers to legal risks with the same titles but different standards. The main appeal is to establish clear definitions and standards for practical and judicial reference.

Kuomintang legislator Wang Yu-min pointed out that the number of child protection cases has surged in recent years, and the turnover rate of social workers is high. Manpower cannot keep up with the increase in cases, doubling the pressure on the front lines. Even if social workers are willing to dedicate themselves and love their jobs, they bear the responsibility of the entire social safety net and become "guarantors" of children's safety, fearing legal prosecution if mishandled, turning them from helpers into scapegoats.

Wang Yu-min said these families are often high-risk, and accidents can still happen the moment after a visit. Social workers are forced to bear excessive pressure and do not want to be in an environment of endless blame. The judicial system lacks an understanding of social work, potentially placing all blame on them. This situation deters newcomers from entering the field, creating a vicious cycle.

Shih Chung-liang stated that the Ministry of Health and Welfare will back all social workers as its fundamental attitude. Social workers generally feel anxious about the ruling in the "Kai-kai" case, including issues of legal interpretation and responsibility clarification. A symposium for social workers was held this afternoon, and tomorrow there will be dialogues with the legal and academic sectors to build consensus.

Shih pointed out that social workers, like doctors, work to save lives based on a desire to help others. In the face of diverse, complex, and urgent events, outcomes may inevitably fall short of expectations. Judging the process solely by the outcome is sometimes unfair. Past amendments to the Medical Care Act stipulated that doctors' criminal and civil liabilities are limited to those caused by a violation of the necessary duty of care and exceeding reasonable professional discretion.

Shih believes the same standard should apply to social workers' responsibilities, meaning individuals should only bear liability in cases of intent or negligence, violating the duty of care, and exceeding professional considerations. More importantly, operating systems should be reviewed through unfortunate cases to prevent recurrences. These issues will continue to be discussed and improved during future review processes.