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The Role of Law in Social Work Practice and Administration

The Role of Law in Social Work Practice and Administration

  • Autor: Stein, Theodore
  • Editor: Columbia University Press
  • ISBN: 9780231126489
  • eISBN Pdf: 9780231518093
  • Lloc de publicació:  New York , United States
  • Any de publicació digital: 2004
  • Mes: Agost
  • Idioma: Anglés
The strong nexus between law and social work is beyond dispute: the law informs day-to-day social work practice and administration, and social workers are employed by the courts. Moreover, they work collaboratively with attorneys in legal aid offices, public defenders'offices, and other law enforcement settings, interviewing clients, preparing reports for use in court, interpreting social science information, and providing consultation on how best to approach client problems. This book addresses the relationship between the professions of social work and law and helps social workers develop the knowledge necessary to practice in a legal environment. The author focuses on how the law affects the day-to-day practice of social work; the creation, administration, and operation of social service agencies; and the ways in which social workers and attorneys collaborate to serve the public.
  • Contents
  • List of Figures and Tables
  • Preface
  • PART 1
    • 1 Introduction
      • WHY KNOWLEDGE OF THE LAW IS ESSENTIAL TO EFFECTIVE SOCIAL WORK PRACTICE?
        • The Legal Environment of Social Work Practice
      • SOCIAL WORKERS AND ATTORNEYS WORKING TOGETHER
      • ISSUES THAT ARISE IN SOCIAL WORKER AND ATTORNEY TEAMWORK
        • Confidentiality
        • Ethical Conflicts
        • What Is the Problem?
        • What Facts Are Important?
        • Who Is the Client?
        • Role Conflict
      • SUMMARY
    • 2 Sources of Law
      • THE LAW DEFINED
      • FEDERAL AND STATE CONSTITUTIONAL LAW
        • Amending Consitutions
      • THE U.S. CONSTITUTION AND STATES' RIGHTS
        • The Bill of Rights ad State Action
        • Federal Compared to State Power
        • How Congress Affects State Action
        • Social Conditions and Judicial Interpretation of the Constitution
        • The U.S. Constitution, State Constitutions, and Social Welfare
        • State Constitutions and Social Welfare
      • STATUTORY LAW
        • The Legislative Process
      • THE EXECUTIVE BRANCH OF GOVERNMENT AS A SOURCE OF LAW
        • Administrative Law
        • Executive Orders
        • Treaties
        • Enforceability of International Human Rights Law
        • THE JUDICIAL BRANCH AS A SOURCE OF LAW
      • JUDICIAL REVIEW
        • Constitutional Interpretation
        • Statutory Interpretation
        • Standards of Review and Equal Protection
      • SUMMARY
    • 3 The Justice System and an Introduction to Criminal and Civil Law
      • THE FEDERAL AND STATE COURT SYSTEMS
        • Jurisdiction
        • The Binding Effect of Court Decisions
        • Specialized Courts
      • CIVIL AND CRIMINAL LAW
        • Federal and State Laws
      • THE ROAD TO COURT: CONSTITUTIONAL AND STATUTORY LAW
        • Custodial Interviews: Criminal Law
        • Custodial Interviews: Civil Law
        • Right to Counsel - Criminal Investigation
        • Right to Counsel—Civil Investigation
        • Search and Seizure—Civil Law
        • The Decision to Prosecute—Criminal Prosecutions
        • The Decision to Prosecute—Civil Actions
        • Criminal Indictments
        • Gathering Evidence Before Trial—Criminal Matters
        • Gathering Evidence Before Trial—Civil Matters
      • CRIMINAL PROCEEDINGS
        • Pretrial Hearings—Criminal Law
        • Pretrial Dispositional Alternatives
        • Criminal Trials
        • Prisoner Rights
      • RELEASE FROM PRISON
        • Parole
        • Preventive Detention
        • Community Notification of a Sex Offender’s Release from Prison
      • CIVIL PROCEEDINGS
        • Pretrial Hearings
        • Pleas and Settlements
        • Pretrial Dispositional Alternatives
        • Civil Trials
      • APPEALS
      • SUMMARY
    • 4 Legal Research
      • FINDING REPORTED CASES
        • Reading Legal Citations
        • Reading Cases
        • A Note on Opinions
        • UPDATING CASE LAW
      • LEARNING ABOUT A LEGAL ISSUE
      • CASE-FINDING TOOLS
      • LOCATING AND READING CASE LAW
      • Court Decisions
      • FEDERAL STATUTES AND REGULATIONS
        • Reading Statutory Citations
        • State Statutes and Regulations
      • COMPUTERIZED LEGAL RESEARCH
        • House of Representatives and the Senate
        • Federal Appeals Court Decisions
      • SUMMARY
    • 5 The Organization of Social Services and the Regulation of the Profession
      • PUBLIC AGENCIES
      • NONPROFIT AGENCIES
        • Purchase of Service
      • FOR-PROFIT ENTITIES
        • Privatization
      • POLICY AND PRACTICE
        • Professional Certification and Licensing
        • Confidentiality
        • Federal Statutes and Client Confidentiality
        • State Examples
        • Disclosure of Confidential Information
      • SUMMARY
  • PART 2
    • 7 Professional Liability
      • PART 1—THEORIES OF LEGAL LIABILITY
        • Malpractice
        • Breach of Contract and Fraud
        • Action Taken by a State Licensing Board
        • Federal Claims: Civil Rights and Constitutional Violations
      • PART 2—RESPONSES TO LITIGATION
        • Eleventh Amendment and Sovereign Immunity
        • Social Worker Liability and the Immunity from Suit
        • Statute of Limitations
      • PART 3—REMEDIES
      • SUMMARY
    • 6 Social Workers and the Courts
      • FORENSIC SOCIAL WORK
        • Therapeutic and Forensic Interviewing
      • PART 1—EVIDENCE
        • Direct Evidence
        • Real Evidence
        • Circumstantial Evidence
        • Hearsay Evidence
        • Standard of Proof
      • PART 2—PROVIDING TESTIMONY
        • Qualifying as an Expert
        • The Basis of Testimony
        • Building a Case Record
        • Use of Case Records in Court
        • Expert Testimony
        • Is Expert Evidence Admissible?
      • PART 3—TESTIFYING IN COURT
        • Being a Witness
        • Testifying as an Expert
      • SUMMARY
  • PART 3
    • 8 Families and the Law
      • PART 1—WHAT IS A FAMILY?
        • Marriage
        • Divorce
        • Interstate Recognition of Marriage
        • Defending Marriage
        • Alternative Family Forms
        • Domestic Partnerships
        • Termination of Domestic Partnerships
      • PART 2—CUSTODY AND VISITATION
        • Parents’ Rights to Custody and Visitation
        • Fathers’ Rights
        • Judicial Discretion
        • Modifying Custody Orders
        • Interstate Custody Disputes and Uniform Laws
        • Child Support
      • SUMMARY
    • 9 Education
      • THE STATE AND FEDERAL ROLES IN EDUCATION
      • THE U.S. SUPREME COURT AND EDUCATION
      • FEDERAL STATUTES AFFECTING EDUCATION
        • The Elementary and Secondary Education Act of 1965
        • The Family Educational Rights and Privacy Act
        • The Equal Access Act
        • Title IX of the Education Amendment of 1972
        • Laws Affecting Children with Disabilities
      • THE INDIVIDUALS WITH DISABILITIES IN EDUCATION ACT
        • Definition of Disability
        • Procedural Safeguards
        • Related Services
        • Education in Public, Private, and Residential Settings
        • Mainstreaming
        • Discipline
        • The Vocational Rehabilitation Act and the Americans with Disabilities Act
        • Homeless Children and the McKinney-Vento Act
      • SUMMARY
    • 10 Care and Protection of Children
      • CHILD ABUSE AND NEGLECT AND PLACEMENT OF CHILDREN IN FOSTER CARE
        • Receiving Reports
        • Interagency Reporting
        • Investigating Reports
        • Taking Children into Protective Custody
      • LEGAL LIABILITY AND CHILD ABUSE AND NEGLECT INVESTIGATIONS
      • JUVENILE AND FAMILY COURTS
        • Jurisdiction, Notice, and the Petition
        • HEARINGS
        • The Emergency Removal Hearing
        • The Adjudicatory Hearing
      • THE LEGAL STANDARD FOR DETERMINING CHILD CUSTODY
      • TESTIMONY OF CHILDREN
        • Competency
        • Protective Devices
      • THE DECISION AT THE CLOSE OF AN ADJUDICATORY HEARING
      • THE DISPOSITIONAL HEARING
        • Review Hearings
      • STATUS OFFENDERS AND JUVENILE DELINQUENTS
        • Status Offenders
        • Juvenile Delinquents
        • Legal Liability and Placement of Children in State Custody
      • SUMMARY
    • 11 Adoption
      • PART 1—ADOPTION LAW
        • Types of Adoption
        • Standing to Petition a Court to Terminate Parental Rights
        • Who May Adopt?
        • Children Who Are Available for Adoption
        • Involuntary Termination of Parental Rights
        • Grounds for Involuntary Termination of Parental Rights
        • Freeing a Child for Adoption
        • The Dispositional Hearing
        • Finalizing an Adoption
      • PART 2—ISSUES IN ADOPTION
        • Federal Initiatives
        • Sealed Records
        • Cooperative Adoption
        • Intercountry Adoption
        • Surrogacy
      • SUMMARY
    • 12 Domestic Violence
      • PART 1—VIOLENCE BETWEEN PARTNERS IN AN INTIMATE RELATIONSHIP
        • Scope of the Problem
        • Federal Response to Domestic Violence
        • State Response to Domestic Violence
        • Court Process
        • Domestic Violence and Child Custody
        • Domestic Violence and Child Protective Services
        • Is Domestic Violence a Hate Crime?
      • PART 2—ELDER ABUSE
        • The Scope of the Problem
        • What Actions Constitute Elder Abuse?
        • Federal Role in Elder Abuse
        • State Role in Elder Abuse—Adult Protective Services
        • Guardianship
        • Alternatives to Guardianship
      • SUMMARY
    • 13 Legal Issues in Health Care
      • PATIENT RIGHTS—BILLS OF RIGHTS
      • RIGHT TO TREATMENT
        • Medical Care for Noncitizens
      • INFORMED CONSENT
      • RIGHT TO REFUSE TREATMENT
        • Competency and the Right to Refuse Treatment
        • State’s Interest in Compelling Treatment
        • Treatment Without Consent
      • SURROGATE DECISION MAKING
        • Providing Advance Health Care Instructions
      • MEDICAL DECISION MAKING FOR CHILDREN
      • LODGING CIVIL CHARGES AGAINST A PARENT FOR WITHHOLDING MEDICAL CARE
      • LODGING CRIMINAL CHARGES AGAINST A PARENT FOR WITHHOLDING MEDICAL CARE
        • Parental Objection Based on Religion
      • MINOR’S RIGHT TO CONSENT TO MEDICAL TREATMENT
        • Constitutional Exceptions
        • Status-Based Exceptions
        • Condition-Based Exceptions
        • Common-Law Rights
      • SUMMARY
    • 14 Mental Health and Law
      • THE LAW OF CIVIL COMMITMENT
        • Civil Commitment of Children
      • PATIENT RIGHTS
        • Protection from Harm
        • Right to Treatment
        • Informed Consent
      • PLACEMENT IN THE LEAST RESTRICTIVE ENVIRONMENT
        • The Americans with Disabilities Act
      • OUTPATIENT CIVIL COMMITMENT
        • The Process of Effecting Outpatient Civil Commitment
        • Legal Challenges to Outpatient Commitment
      • MENTAL ILLNESS AND CRIMINAL LAW
        • Competence to Stand Trial
        • Insanity Defense
        • Guilty but Mentally Ill
        • Diminished Capacity
        • Disposition
      • SUMMARY
  • Notes
  • Cases
  • Bibliography
  • Index

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