9780789023513

Child Welfare in the Legal Setting: A Critical and Interpretive Perspective

by ;
  • ISBN13:

    9780789023513

  • ISBN10:

    0789023512

  • Edition: 1st
  • Format: Nonspecific Binding
  • Copyright: 2004-11-02
  • Publisher: Routledge
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Summary

Explore legal issues that often hinder the work of child welfare practitioners! Child Welfare in the Legal Setting: A Critical and Interpretive Perspective is a revolutionary study of the child welfare system that is essential for practitioners, educators, and students interested in public child welfare work. It examines the legal system surrounding child welfare workers and highlights their need for agency-specific training. This insightful book challenges the traditional rules of child welfare and paves the way for alternate methods of conceptualizing and organizing child protection. It explores why many family interventions fail and others never even occur. By identifying incongruities between the philosophy of child welfare and its function, this book advocates a more individualistic and efficient technique for assisting clients. Addressing issues and challenges from the initial identification of problems to navigating the legal system, this book is also thorough enough for public child welfare workers who want to take their skills to the next level. The large-system perspective in this book uses the concentric circle model, the rational legal model of legal and court action, and the ritualized process model to examine child welfare practice. Learn why terms such as child abuse” and neglect” have become social constructions that vary depending on the values of social workers, judges, attorneys, agencies, and communities. Child Welfare in the Legal Setting: A Critical and Interpretive Perspective examines the standardization of the organizational activities of child welfare systems and how this limits professionals' ability to accurately recognize unique problems and intervene in the most beneficial manner. Child Welfare in the Legal Setting also provides controversial opinions on emerging issues including: family investigations sanction for Child Protective Services intervention the legal setting as a host environment the function of the child welfare system rationalization of child welfare intervention trained incapacity” of social workers Title IVE programs the court system Child Welfare in the Legal Setting: A Critical and Interpretive Perspective identifies vital issues by analyzing the ethical and moral foundations of the child welfare system. This insightful book also takes a close look at how practitioners inadvertently devalue their clients by using language that creates stigmatized social categories such as victim” and convicted felon.” Supervisors, managers, social workers and child welfare practitioners will benefit from this information. The vignettes that supplement the narrative also make the book an important resource in any child welfare course.

Author Biography

Thomas M. O'Brien, MSW, MBA, DPA, LCSW, is Assistant Professor at California State University, Chico

Table of Contents

Preface and Acknowledgments xi
Beginnings
1(26)
Introduction
1(1)
The Book: An Overview
1(3)
Some Important Concepts or Assumptions
4(6)
The Individual As Constructing Meaning
10(2)
Abstract Systems
12(4)
Social Institutions As Abstract Systems
16(3)
The Social and Cultural World
19(4)
Conclusion
23(4)
SECTION I: SANCTION, AUTHORITY, AND THE LEGAL SYSTEM
The Institutional Context of Child Welfare
27(18)
Global Perspectives
27(6)
Child Well-Being at Societal, Institutional, and Family Levels
33(4)
International Perspectives on Protecting Children from Parents/Caretakers
37(1)
Child Abuse and Neglect As Social Categories
38(3)
The American Child Welfare System
41(2)
The Organization of Child Welfare Programs
43(1)
Conclusion
43(2)
Governance, Legitimacy, and Trust
45(22)
Introduction
45(1)
The American System: A Focus on Parental or Caretaker Behavior
46(1)
Child Protective Services As Child Welfare
46(1)
Child Welfare As an Industry
47(1)
Prevention
48(2)
American Child Welfare As Intervention into Family Life
50(8)
Constitutional Rights
58(7)
Conclusion
65(2)
Multiple Dimensions of Child Welfare Governance
67(22)
Introduction
67(1)
The Constitution and Fragmented Authority
67(1)
The Federalist Structure
68(7)
The Administrative Structure
75(4)
Law and Policy by Appellate Decisions
79(2)
Legislation by Oversight
81(5)
Conclusion
86(3)
The Organizational Context of Practice
89(22)
Introduction
89(1)
The Community As a Context for Child Welfare
89(2)
The Industrialization of Child Welfare
91(7)
The Effects of Industrialization: Alienation, Trained Incapacity, and Case Production
98(9)
The Social Worker's Role As Mediating Levels of Organization
107(3)
Conclusion
110(1)
The Legal System As Host Setting: Context and History
111(14)
Introduction
111(1)
Practice in a Host Setting
111(3)
Tensions: Social Workers in Court Settings
114(4)
History of the Social Work Profession
118(6)
Conclusion
124(1)
Images and Realities of the Legal System: Metaphor, Myths, and Stereotypes
125(18)
Introduction
125(1)
Stereotypes: Their Nature and Action
125(5)
Understanding Conflict Between Social Workers and Attorneys
130(9)
Social Work in Public Child Welfare
139(1)
Conclusion
140(3)
SECTION II: COURTS, MODELS, AND RITUALS
The Courts
143(24)
Introduction
143(1)
The Varieties of Courts
144(2)
Child Welfare Courts: Nonvoluntary Interventions
146(7)
Voluntary Child and Family Courts
153(5)
Ancillary Courts and Legal Issues
158(3)
Litigation: Social Work Liability, Forensic Responsibility, and Agency Action
161(3)
Administrative Reviews: Schools, Welfare, Social Services, Etc.
164(1)
Conclusion: Courts As a Labyrinth
165(2)
The Concentric Systems View of Child Welfare
167(24)
Introduction
167(1)
Background or Theoretical Underpinnings
168(1)
The Concentric Systems Model
169(5)
Dynamics of the Model
174(5)
Applying the Model
179(2)
A System Overview Using the Concentric Systems Model
181(8)
Summary
189(2)
The Rationalization of Child Welfare Intervention
191(20)
Introduction
191(1)
The Rational Model
192(12)
The Court Personnel
204(2)
The Social Service
206(4)
Conclusion
210(1)
Life in Narrative and Drama: Meaning, Self, and Identity
211(18)
Introduction
211(1)
Behavior As Drama and Narrative
211(3)
Child Welfare As Intervention in Social Dramas
214(14)
Conclusion
228(1)
Social Intervention As Ritualized Action
229(16)
Introduction
229(1)
The Ritual Process Model
229(13)
Conclusion
242(3)
SECTION III: ETHICS, VALUES, AND CONCLUSIONS
Ethics, Values, and Integrity
245(22)
Introduction
245(1)
Self-Determination and Paternalism
246(5)
Informed Consent
251(2)
Fiduciary Relationships
253(3)
The Social Worker's ``Double Agentry''
256(1)
Competing Institutional Loyalties Within Child Welfare
257(2)
The Network of Forces Providing the Context of Child Welfare Practice
259(6)
Conclusion
265(2)
Conclusion
267(18)
Child Welfare As ``Child Saving Twenty-First-Century Style''
267(3)
The Production and Reproduction of Child Abuse and Neglect
270(1)
The Industrialization of CPS: Turning Stones
270(1)
The Practice of Social Work: Who Staffs Child Welfare?
271(2)
Child Welfare As Practice in a ``Host Setting''
273(4)
Children's Protection As Taking Place in an Institutional Environment
277(3)
Criminalization
280(1)
Summary
281(4)
References 285(10)
Index 295

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