Using Law in Social Work
This is a well-written and easy-to-read book on social work law. I will recommend it to students in relation to human rights, and it is still applicable to law education in relation to children and families and judicial practice, but the adult element of the book needs to be updated in accordance with the Care Act 2014. Many federal laws enacted by Congress and state laws enacted by legislators involve social workers. Examples include laws governing the duty of social workers to report suspected abuse and neglect of children, the elderly and other vulnerable persons; the right of juveniles to consent to psychiatric counselling and treatment for drug and alcohol abuse; protection of confidential records of school social workers; and federal HIPAA laws. The following table highlights the relationships that can be made between values, rights and sources of social work law (Preston-Shoot et al., 2001). The reference to practical dilemmas asks social workers to address the complexity of assessment by referring to knowledge bases that are intelligently applied to a situation where limits to a value principle should be imposed, how competing rights might be weighed, and what outcomes are sought. The table makes it clear that social labour law and welfare law do not necessarily conflict with social work values or rights-based practice. It also shows that values, rights and laws cannot be separated in social work practice. Describes laws related to child welfare, mental health and professional liability. Designed to help readers understand the relevance of laws to social policy and practice (with a focus on macroeconomic issues). Clear presentation of the application of the law to the practice of social work, gives clear case studies and examples, and highlights key laws for practice A litigant is a court-appointed lawyer or psychiatrist who looks after the best interests of a person who cannot look after his or her own interests. The guardian may represent a minor child, a disabled person or an elderly person.
During detention, the trial guardian ensures the well-being of the child. A law-educated social worker knows how the court system works and how to assess sensitive custody issues. A comprehensive handbook on the UK legal system, including laws relating to the duties of a social worker when working with the legal system, children, families, people with mental illness, the homeless and others who have been socially excluded. The resources listed here provide general introductions to social work and law, as well as to law and the legal system in general. For basic overviews and explanations of legal terms, some of the older documents may suffice. For some laws and how they apply in certain circumstances, readers should refer to the most recent sources. Madden 2003 and Alexander 2003 offer two of the most recent and comprehensive introductions to social work and law. Stein 2004 offers one of the most accessible introductions to the legal system and philosophy of law. Imagine a social worker providing counselling to a 15-year-old client with clinical depression.
The teen`s parents agreed to the counselling. During a clinical session, the teen revealed that he had abused drugs, including cocaine and crystal methamphetamine. The client begs the social worker to help with his addiction to the emerging drug, but refuses to allow the social worker to talk to his parents about his drug problems. The practice of social work is also governed by numerous regulations issued by federal and state agencies such as the U.S. Department of Health and Human Services and the Federal Personnel Service, child protection, and mental health agencies. Under our legal system, federal and state agencies have the authority to make enforceable regulations. Public sector bodies must follow strict procedures when developing regulations (e.g., public announcement and opportunity to comment publicly on proposed regulations). Once enacted, federal and state ordinances have the force of law. A series of practice-oriented articles to inform social workers about legal issues, rights and responsibilities.
List of titles and order information available online. Provides social workers with a good overview of the legal system, legal terminology, and the history and philosophy of law. Chapters on specific areas of law are relatively basic and may be aimed at social work students rather than practitioners. This should not overlook the importance of technical legal knowledge or procedural regularity. If practitioners want to promote rights, they need to know the technical aspects of the legal frameworks they use to do so. Similarly, professional decision-making must be made in a manner that meets the requirements of administrative law, namely that it is lawful, characterized by procedural fairness, provides reasonable grounds and is based on a reasonable interpretation of the available evidence. But rational/technical practice that is not rooted in an awareness of the structural factors of power and oppression leads at best to individualized solutions rather than social change. It is important to define technical knowledge more broadly and to approach it more critically.